HomeMy WebLinkAboutAgenda Packet for 08/08/2016
AGENDA
City Council Regular Meeting
7:00 PM - Monday, August 8, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Farmers Market at the Piazza Week - August 7-13, 2016.
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 August 1, 2016
Council Concur
b) AB - 1733 Mayor Law appoints Wendy Weiker to the Airport Advisory Committee as the
Mercer Island Neighborhood Representative with a term expiring on 5/7/2019.
Refer to Community Services Committee
c) AB - 1735 City Attorney recommends adopting a resolution authorizing termination of the
interlocal agreement with King County Fire Protection District No. 25. (See item 8.a. for
resolution.)
Council Concur
d) AB - 1734 Utility Systems Division submits JOC-01-054 (formerly CAG-13-149, WO #47-
15), Water Telemetry SCADA System Upgrade 2015-2016 project, contractor Forma
Construction Company; and requests acceptance of the project and approval of the final
pay estimate in the amount of $1,042.67.
Council Concur
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) Public Safety Committee: Cost Reimbursement Agreement for Sex Offender Address
Verification
b) Finance Committee: Vouchers; City Hall Roof Restoration; C.A.S.T. for Kids Fee Waiver
Request; Fresh Bucks Contract Amendment
8. LEGISLATION
Resolution:
a) Termination of Interlocal Agreement with King County Fire Protection District No. 25
Ordinances for second and final reading:
b) Sunset Planned Action Ordinance (First Reading 8/1/2016)
c) T-Mobile West, LLC Franchise Agreement (First Reading 8/1/2016)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
Council Chambers
August 8, 2016
Monday, 5:00 p.m.
Budget Workshop - Capital Budget Prioritization & Budget Status Update
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
Denis Law Mayor
rocCamdtion
WFiereas,Washington's farmers make an essential contribution to our local communities and to the well-being
of our citizens; and
GVFiereas,the Renton Farmers Market at the Piazza is celebrating its twelfth year of operation, open each
Tuesday until September 27 from 3:00 to 7:00 p.m. in Renton's beautiful downtown Piazza Park; and
l hereas,the Farmers Market program in Renton is dedicated to supporting Washington's family farms and to
providing opportunities for the citizens of Renton and surrounding communities to meet Iocal producers and
gain access to the bounty of Washington-grown products in all their diversity,fresh from the family farm; and
ZVFiereas,the farmers markets at the Piazza benefit local businesses and contribute to economic vitality by
attracting thousands of potential patrons each week; and
Nhereas, the farmers markets benefit those in need by providing donations to the local food bank; and
ZVFiereas,the congenial atmosphere of the farmers markets in Renton appeal to citizens of all ages and ethnic
backgrounds, create a positive social experience, and provide nutritional and economic benefits;
9V'ow, tFierefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim the week of August 7-13,2016,
to be:
Farmers .Vlar,et ee,
in the City of Renton, and I urge all citizens to join me in recognizing the many benefits of our local farmers
market.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this
8th day of August, 2016.
l l
Denis Law
Mayor of the City of Renton, Washington
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Renton City Hall,7th Floor 1055 South Grady Way,Renton,WA 98057• rentonwa.gov
AGENDA ITEM #3. a)
August 1, 2016 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, August 1, 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
Armondo Pavone
Ruth Pérez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence J. Warren, City Attorney
Megan Gregor, Deputy City Clerk
Chip Vincent, Community & Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
Cyndie Parks, Police Department
Commander Tracy Wilkinson, Police Department
Chief Mark Peterson, Renton Regional Fire Authority
Deputy Chief Erik Wallgren, Renton Regional Fire Authority
Fire Marshall Angela St. John, Renton Regional Fire Authority
AGENDA ITEM #6. a)
August 1, 2016 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
National Night Out 2016 - August 2, 2016: A proclamation by Mayor Law was read declaring
August 2, 2016 to be "National Night Out 2016" in the City of Renton, and encouraging all
citizens to help "Give Crime & Drugs a Going Away Party" by participating in a 33rd Annual
National Night Out event. Cyndie Parks of the Police Department accepted the proclamation
with thanks.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
SPECIAL PRESENTATION
a) July 4th Fireworks Regulation Wrap-Up: Chief Mark Peterson introduced Deputy Chief Erik
Wallgren and Fire Marshall Angela St. John who provided a brief summary regarding the Fire
Authority's proactive steps to implement the Fireworks ban this past July 4th Holiday.
APPEAL
a) Planning & Development Committee Chair Prince presented a report regarding Avana Ridge
Planned Urban Development (LUA-15-000894). The Committee, after reading the
submissions, considering the record, and hearing testimony and oral arguments from all sides,
found that there was no substantial error in fact or law and recommended that the full
Council affirm the decision of the Hearing Examiner.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2016 and beyond. Items noted were regarding:
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Kathleen Booher, Renton, addressed council regarding her concerns about crime and
drug dealing/use in her neighborhood of North Renton. Mayor Law requested that
Police Administration meet with her to discuss this topic further.
Diane Dobson, Renton, expressed her concerns regarding the City Center Community
Plan. Community and Economic Development Administrator, Chip Vincent, provided
clarification regarding the part of the plan she was referencing. Additionally, she
urged Council to look into the City Advisory Board member representation and to
consider if those members are fully invested and committed to their positions.
Jackson Taylor, Bellevue, Community Projects Manager for Puget Sound Energy (PSE)
informed Council about an energy efficiency program that PSE is bringing to Renton
residents to encourage the use of LED light bulbs within the home so as to improve
efficiency and save money.
AGENDA ITEM #6. a)
August 1, 2016 REGULAR COUNCIL MEETING MINUTES
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. At the request
of Councilmember Prince, Consent Agenda item 8.c. was pulled for separate consideration.
a) Approval of Council Meeting minutes of July 11, 2016. Council Concur.
b) AB - 1727 Mayor Law appointed the following individuals to the Airport Advisory Committee:
Marie Campbell to the Airport-at-Large, alternate position for a term expiring on 5/7/2019
and Mandi Feddersen to the Boeing Company Representative position for a term expiring on
5/7/2017. Refer to Community Services Committee.
d) AB - 1729 City Clerk submitted a court case filed by Yadav & Gill, LLC, CRT-16-005, vs. the City
of Renton. Refer to City Attorney and Insurance Services.
e) AB - 1725 Community & Economic Development Department recommended reviewing the
Unit-Lot Subdivisions with the Planning Commission. Following this review, the Planning
Commission will present code revision recommendations to Council. Refer to Planning
Commission and Planning & Development Committee.
f) AB - 1726 Community & Economic Development Department recommended waiving
development and mitigation fees in the amount of $343,532.34 for the Colpitts Sunset
Terrace Redevelopment - Phase I of the Sunset Terrace Redevelopment project. Refer to
Planning & Development Committee.
g) AB - 1728 Community Services Department recommended approval of Amendment No. 1 to
CAG-16-129 with The City of Seattle Office of Sustainability and Environment to accept
additional FINI Grant Funding for 2016 (increasing the amount by $1,295.83), to fund an
incentive program for shoppers using their Supplemental Nutrition Assistance Program
(SNAP) benefits. Refer to Finance Committee.
h) AB - 1731 Community Services Department requested approval to waive the shelter and boat
launch fee in the amount of $500 for the 2016 C.A.S.T. for Kids Fishing Event on 9/10/2016
Refer to Finance Committee.
i) AB - 1724 Human Resources / Risk Management Department recommended approval of the
2016-2018 Renton Police Guild Non-Commissioned Employees' contract. Council Concur.
j) AB - 1723 Transportation Systems Division recommended approval of a resolution to adopt
the annual updates to the 2017-2022 Six-Year Transportation Improvement Program. Refer to
Transportation (Aviation) Committee; Set public hearing for 9/12/2016.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA MINUS ITEM 8.C. CARRIED.
ITEM 8.C. - SEPERATE CONSIDERATION
c) AB - 1730 Mayor Law appointed Alexis Madison-Birmingham and Pamela Nugent to the
Benson Hill Community Plan Advisory Board with terms expiring on 8/1/2017. Refer to
Community Services Committee
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO REFER ITEM
8.C. TO THE PLANNING & DEVELOPMENT COMMITTEE.
AGENDA ITEM #6. a)
August 1, 2016 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
a) Planning & Development Committee Chair Prince presented a report recommending
concurrence with the staff recommendation to adopt the Amended Sunset Area Planned Action,
and authorizes preparation of the amended Sunset Area Planned Action Ordinance for first
reading on August 1, 2016 and second reading on August 8, 2016. (See below for ordinance.)
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Community Services Committee Chair Witschi presented a report recommending concurrence in
Mayor Law’s appointment of Aaron Blalack to the Renton Municipal Arts Commission for a term
expiring 12/31/19.
MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Utilities Committee Chair McIrvin presented a report recommending concurrence in the staff
recommendation to execute the Washington State Department of Ecology FY 2016 Water Quality
Combined Financial Assistance – Grant Agreement WQC-2016-Renton-00129 to accept up to
$675,000 in grant funds for design and construction of the Harrington Avenue NE Green
Connections Stormwater Retrofit Project – Phase II.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Utilities Committee Chair McIrvin presented a report recommending concurrence in the staff
recommendation to execute the Agreement for Professional Services for the Kennydale 320-
Pressure Zone Reservoir Pre-Design Project with Murray, Smith & Associates, Inc., in the amount
of $419,500, and approve the transfer of $200,000 from the approved 2016 Capital Improvement
Program Transmission Main Replacement account (425.455596) to the Kennydale 320-Pressure
Zone Reservoir account (425.455606). The transfer will be included in the next quarterly budget
adjustment.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Utilities Committee Chair McIrvin presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and City Clerk to enter into a franchise agreement with
T-Mobile West, LLC as a purveyor of broadband telecommunication services within the City of
Renton. The Committee further recommended that the ordinance regarding this matter be
presented for first reading. (See below for ordinance.)
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Transportation (Aviation) Committee Chair Pérez presented a report recommending
concurrence in the staff recommendation to authorize the Mayor and City Clerk to lease Acyclica
Products for the use of Bluetooth™ and Wi-Fi™ technology to collect travel time and
origin/destination data with a required initial expenditure of $10,400 and annual maintenance
expenditure of $5,000.
MOVED BY PÉREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
August 1, 2016 REGULAR COUNCIL MEETING MINUTES
LEGISLATION
Ordinance(s) for first reading:
a) Ordinance No. 5813: An ordinance was read amending Ordinance Nos. 5610 and 5740,
adding five parcels and redistributing, but not increasing, the total number of housing units in
the Sunset Terrace Redevelopment area, and revising a planned action designated for the
Sunset Area pursuant to the State Environmental Policy Act (SEPA).
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
b) Ordinance No. 5814: An ordinance was read granting unto T-Mobile West LLC, a Delaware
limited liability company, 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.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Council refer the exploration of options regarding regulations and legalities pertaining to
vacant properties due to foreclosures.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR TO REFER TO THE
ADMINISTRATION. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME
7:59 P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, August 1, 2016
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
August 1, 2016
August 8, 2016
Monday
3:00 PM Public Safety Committee, Chair Pavone – Council Conference Room
1. Cost Reimbursement Agreement for Sex Offender Address Verification
2. Emerging Issues in Public Safety
4:00 PM Finance Committee, Chair Persson – Council Conference Room
1. Vouchers
2. City Hall Roof Restoration
3. C.A.S.T. for Kids Fee Waiver Request
4. Fresh Bucks Contract Amendment
5. Emerging Issues in Revenue Streams
5:00 PM Committee of the Whole, Chair Corman – Council Chambers
1. Budget Workshop – Capital Budget Prioritization & Budget Status Update
AGENDA ITEM #6. a)
AB - 1733
City Council Regular Meeting - 08 Aug 2016
SUBJECT/TITLE: Appointment to Airport Advisory Committee - Wendy Weiker
RECOMMENDED ACTION: Refer to Community Services Committee
DEPARTMENT: Executive
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None.
SUMMARY OF ACTION:
Mayor Law appoints Ms. Wendy Weiker to the Mercer Island representative position for a term expiring
5/7/19.
EXHIBITS:
A. Recommendation memo to Mayor Law
B. Application-Wendy Weiker
STAFF RECOMMENDATION:
Confirm Mayor Law's appointment of Ms. Wendy Weiker to the Airport Advisory Committee as the Mercer
Island neighborhood representative.
AGENDA ITEM #6. b)
PUBLIC WORKS DEPARTMENT
MEMORANDUM
RECEIVF
DATE:July 27,2016 JUL 2 9 2016
TO:Denis Law,Mayor
MAYOR$OFFICFROM:Gregg Zimmerma ltiblic Works Administrator
STAFF CONTACT:Jonathan Wilson,Airport Manager,Ext 7477
SUBJECT:Recommendation for Appointment to the Renton Airport
Advisory Committee
Currently there is a vacancy on the Renton Airport Advisory Committee (RAAC)for the
Mercer Island position.The Mercer Island City Council volunteered Wendy Weiker to
serve on the Committee.The former Mercer Island representative was Councilmember
Mike Cero.
Staff recommends the appointment of Wendy Weiker to represent Mercer Island until
the term expires on May 7,2019.
Member Area Representing Term Expiration
Wendy Weiker Mercer Island May 7,2019
Attachment City of Renton Application for Committee
Wendy Weiker —Biography and Resume
cc:Jay Covington,Chief Administrative Officer
Jason Seth,City Clerk
April Alexander,Executive Assistant
Heather Ulit,Transportation Administrative Secretary
H:\FiIe Sys\AIR -Airport,Transportation Services Division\03 Projects\O1 Tasks\Agenda Bills\2016 Agenda BilIs\Memo
to Mayor -RMC Weiker Appointment\2016 Appointment -Weiker.doc
AGENDA ITEM #6. b)
CITY OF RENTON APPLICATION FOR
BOA RDS/COMMISSIONS/COMMI7TEES
If you are interested in participating in local government by membership on any of the following City boards,
commissions,or committees,please complete this application and return it to:
Office of the Mayor
City of Renton
1055 South Grady Way
Renton,WA 98057
Check the boards/commissions/committees in which you are interested:
AIRPORT ADVISORY COMMIUEE*Li MUNICIPAL ARTS COMMISSION*
Li CIVIL SERVICE COMMISSION*Li PARKS COMMISSION*
Li HISTORICAL/MUSEUM BOARD*Li PLANNING COMMISSION*
Li HOUSING AUTHORITY*Li SENIOR CITIZENS ADVISORY COMMIUEE*
U HUMAN SERVICES ADVISORY COMMIUEE*Li SISTER CITY COMMITTEE -CUAUTLA
Li LIBRARY ADVISORY BOARD*U SISTER CITY COM MIHEE -NISHIWAKI
Li COMMUNITY PLAN ADVISORY BOARD:
__________________________________
(Community Planning Area)
*Special membership requirements apply.Visit www.rentonwa.gov or call 425-430-6500 for details.
Your application will be given every consideration as vacancies occur.
MR.Ü MS.NAME Wi 1}e DATE_______
ADDRESS 4-.•Mv-c-ei-J I4 )ZIP CODE________
PHONE:DAY ‘21),2-N LPb-/EVENING of 2-I L4(I,q7qEMAIL Wen-.wei k-e’y-
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CAN ATtEND DAY MEETINGS?_______________________CAN ATtEND NIGHT MEETINGS?_________________________
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Applications wIll be kept on file for one year.If you have questions about serving on a board,
commIssion,or commIttee,please feel free to contact the Mayo?s Office at 425430-6500.
AGENDA ITEM #6. b)
Wendy Weiker BIO
July 2016
Wendy was elected to Mercer Island City Council in 2015 and started her 4 year term
on January 4,2016.Before joining the Council,Wendy served on the Mercer Island
Utility Board for five years and was a member of the Town Center Visioning Group in
2014 and 2015.Over the years,Wendy has been active in the PTAs at Island Park
Elementary,Islander Middle School,and Mercer Island High School where she most
recently served on the Executive Committee.She holds a Master’s degree in Public
Administration from the UW Evans School of Public Policy and completed the 2-year
Leadership Eastside program in 2015.
In her professional life,Wendy has over 15 years of public relations experience
facilitating and leading community engagement programs for private companies and
nonprofit organizations.She is currently the King County Community Outreach
Manager at Puget Sound Energy and is a board member of EarthShare Washington.
Wendy and her husband,Aric,have lived on Mercer Island for over 10 years and are
now enjoying parenting two teenagers attending Mercer Island High School.
AGENDA ITEM #6. b)
Wendy Weiker
4808 East Mercer Way
Mercer Island,WA 98040
Mobile:206.214.6424
E-mail:wendyw@live.com
QUALIFICATIONS
•Demonstrated ability to plan,execute,and evaluate community engagement projects
.Excellent oral,written,and interpersonal communication skills
.Broad knowledge of regional public affairs and corporate social responsibility issues
PROFESSIONAL EXPERIENCE
King County Customer Outreach Manager,Puget Sound Energy 2010-present
Manage community engagement programs throughout King County that drive strategic focus
and effective partnerships to promote PSE safety and emergency preparedness,civic economic
development,and environmental stewardship.Develop strategies,deliver results,and create
regular reports for increased customer awareness,program success stories,and corporate
social responsibility metrics.Create content for community presentations,company
newsletters,social media,department website,and program marketing materials.Present PSE
customer and community outreach messages to internal and external audiences.
State Government Affairs Analyst,Puget Sound Energy 2008-2010
Researched government,community,and energy industry issues and wrote briefings for senior
management.Drafted company strategies,positions,and tactics for legislative,philanthropic,
and community engagement plans.Developed broad knowledge of PSE business,community,
and customer interests during legislative sessions,state and local elections,municipalization
campaigns,and regional energy policy gatherings.Managed the State Government Affairs’
budget and company-wide compliance for PDC reporting of political donations.Represented
the company’s business,community engagement,and public policy interests to employee,
customer,and industry groups.
Community Relations Manager,Washington Mutual Bank 1997-1 999
Managed a $5 million national community engagement program in regional markets that
focused on increasing visibility and impact for the company’s customer-focused priorities of
increased K-12 academic achievement,financial literacy,and affordable housing.Developed
local community partnership strategies,executed public relations work plans,and created
financial and evaluation reporting systems to demonstrate program cost-effectiveness for local
managers that met company-wide goals.Lead the national employee giving campaign for
25,000 employees in over 1,200 locations.Evangelized WAMU corporate citizenship successes
and opportunities to internal and external audiences.
Community Affairs Associate,Microsoft Corporation 1995-1997
Coordinated $12 million in global grant,product,and employee giving programs that invested in
human service,K-12 and higher education,arts,and environment organizations.Managed
budget reports,reviewed proposals,researched community partner opportunities,made funding
recommendations,and conducted grant and program evaluations.Presented corporate
citizenship program parameters,impacts,and engagement opportunities to employee groups,
potential grantees,existing partners,and corporate philanthropy peers.Helped launch the
company’s first national corporate giving initiative,Libraries Online,which partnered with the
American Libraries Association to provide all public library patrons with access to technology.
AGENDA ITEM #6. b)
Human Services Intern,United Way of King County 1994-1995
Conducted needs assessment of under-served communities in King County by doing research,
interviewing subject matter experts,and collaborating with community advocates and economic
development partners.Organized and facilitated meetings to gather data from grantees,
funders,and community leaders.Worked with Human Service Mangers to determine
recommended community safety net funding priorities and allocation models.Assisted Board
sub-committee in adopting grant application guidelines,allocation process,funding priorities,
and program evaluation metrics.
Year One Program Manager,Piton Foundation 1991 -l 993
Worked with Foundation leadership,community volunteers,and Year One Board of Directors to
create Denver’s successful Year One pilot program that provided community service,mentoring,
continuing education,and job training opportunities for at-risk youth.Managed daily project
operations and assisted board committees with grant writing,community outreach,
communications,budgeting,and program management.
EDUCATION
Master of Public Administration (MPA),1995
University of Washington,Evans School of Public Affairs
B.A.in Psychology and Anthropology,1991
University of California,Irvine
COMMUNITY SERVICE
Mercer Island City Council,Councilmember,2016-present
EarthShare Washington,Board Vice President,2011 —present
Mercer Island School District,PTA Fundraiser,2004-present
Leadership Eastside,Class Member,2013—2015
City of Mercer Island Utility Board,Board Member,2010—2015
Mercer Island High School PTA,Legislative Advocacy CO-VP,2014-2016
Ml Schools Fix Overcrowding Campaign,Community Outreach Team,201 3-2014
Women’s Funding Alliance,Allocations Committee Member,2012-2013
AGENDA ITEM #6. b)
AB - 1735
City Council Regular Meeting - 08 Aug 2016
SUBJECT/TITLE: Authorizing Termination of the Interlocal Agreement with King
County Fire Protection District No. 25 and the Mutual Notice of
Termination Agreement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Attorney
STAFF CONTACT: Larry Warren, City Attorney
EXT.: 6484
FISCAL IMPACT SUMMARY:
There is no fiscal impact as the subject interlocal agreement has been rendered unnecessary by the interlocal
agreement with the Renton Regional Fire Authority.
SUMMARY OF ACTION:
On February 19, 2010, the City and King County Fire Protection District No. 25 (“District”) entered into an
interlocal agreement to establish fire prevention, education, suppression, and emergency medical services for
the citizens within their respective boundaries. Subsequently on April 26, 2016, voters within the jurisdictions
of the City and the District voted to create the Renton Regional Fire Authority (“RRFA”) in order to provide fire
protection, emergency medical and life safety services. On July 1, 2016, the RRFA became effective and
thereby rendered the February 10, 2010 interlocal agreement between the City and District unnecessary.
EXHIBITS:
A. Resolution
B. Mutual Notice of Termination agreement
STAFF RECOMMENDATION:
Adopt the resolution authorizing termination of the interlocal agreement with King County Fire Protection
District No. 25 and authorize the Mayor and City Clerk to enter into the Mutual Notice of Termination
agreement.
AGENDA ITEM #6. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
TERMINATION OF AN INTERLOCAL AGREEMENT WITH KING COUNTY FIRE
PROTECTION DISTRICT NO. 25 ENTITLED “FIRE AND EMERGENCY SERVICES
OPERATING AGREEMENT,” AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO THE MUTUAL NOTICE OF TERMINATION AGREEMENT.
WHEREAS, on February 19, 2010, the City and King County Fire Protection District No.
25 (“District”) entered into an interlocal agreement pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to establish fire prevention, education, suppression, and emergency
medical services for the citizens within their respective boundaries; and
WHEREAS, on April 26, 2016, voters within the jurisdictions of the City and the District
voted to create the Renton Regional Fire Authority (“RRFA”) in order to provide fire protection,
emergency medical and life safety services, and approved the Renton Regional Fire Authority
Plan, which sets forth the manner in which the services will be provided by the RRFA; and
WHEREAS, on July 1, 2016, the RRFA became effective and thereby rendered the
February 10, 2010 interlocal agreement between the City and District unnecessary;
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 termination of the interlocal agreement with the District entitled
“Fire and Emergency Services Operating Agreement” is hereby authorized.
SECTION III. The Mayor and City Clerk are hereby authorized to enter into the Mutual
Notice of Termination agreement with the District.
AGENDA ITEM #6. c)
RESOLUTION NO. _______
2
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.1711:8/3/16:scr
AGENDA ITEM #6. c)
Mutual Notice of Termination
The City of Renton “City” and the King County Fire Protection District No. 25 “District” entered
an interlocal agreement entitled “Fire And Emergency Services Operating Agreement” dated
February 19, 2010 and numbered CAG 10-026 “ILA.”
The Renton Regional Fire Authority, consisting of the City and the District as participating
jurisdictions, became effective July 1, 2016 thereby rendering the ILA unnecessary.
The parties mutually agree to waive the early termination notice requirements of Section V.F of
the ILA and hereby agree to mutually terminate the ILA effective July 1, 2016.
CITY OF RENTON: KING COUNTY FIRE PROTECTION
DISTRICT NO. 25:
______________________ _________________________
Denis Law Kerry Abercrombie
Mayor Board Chair
Date: _________________ Date: ___________________
Attest:
______________________
Jason Seth
City Clerk
Date: ________________
Approved as to Form:
______________________
Larry Warren
City Attorney
AGENDA ITEM #6. c)
AB - 1734
City Council Regular Meeting - 08 Aug 2016
SUBJECT/TITLE: Final Pay Estimate for Water Telemetry SCADA System Upgrade 2015 -
2016 for JOC-01-047 (formerly CAG-13-149, WO #47-15) with Forma
Construction Company
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Abdoul Gafour, Water Utility Manager
EXT.: 7210
FISCAL IMPACT SUMMARY:
The project was completed at the awarded contract amount of $167,581.35 and was within the project
budget.
SUMMARY OF ACTION:
The contractor Forma Construction Company started the project on July 21, 2015 and completed all work
required by the contract on June 21, 2016. The project consisted of the design and installation of upgrades to
the telemetry system which is used to operate City water facilities including wellhead pumps, booster pump
stations, water reservoirs and water treatment facilities.
EXHIBITS:
A. Final Pay Estimate #11
B. Notice of Completion of Public Works Contract
STAFF RECOMMENDATION:
Accept the project and approve the final pay estimate for work order JOC-01-054 (formerly CAG-13-149, WO
#47-15) with Forma Construction Company.
AGENDA ITEM #6. d)
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Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #6. d)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #6. d)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
TERMINATION OF AN INTERLOCAL AGREEMENT WITH KING COUNTY FIRE
PROTECTION DISTRICT NO. 25 ENTITLED “FIRE AND EMERGENCY SERVICES
OPERATING AGREEMENT,” AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO THE MUTUAL NOTICE OF TERMINATION AGREEMENT.
WHEREAS, on February 19, 2010, the City and King County Fire Protection District No.
25 (“District”) entered into an interlocal agreement pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to establish fire prevention, education, suppression, and emergency
medical services for the citizens within their respective boundaries; and
WHEREAS, on April 26, 2016, voters within the jurisdictions of the City and the District
voted to create the Renton Regional Fire Authority (“RRFA”) in order to provide fire protection,
emergency medical and life safety services, and approved the Renton Regional Fire Authority
Plan, which sets forth the manner in which the services will be provided by the RRFA; and
WHEREAS, on July 1, 2016, the RRFA became effective and thereby rendered the
February 10, 2010 interlocal agreement between the City and District unnecessary;
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 termination of the interlocal agreement with the District entitled
“Fire and Emergency Services Operating Agreement” is hereby authorized.
SECTION III. The Mayor and City Clerk are hereby authorized to enter into the Mutual
Notice of Termination agreement with the District.
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
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.1711:8/3/16:scr
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
ORDINANCE NOS. 5610 AND 5740, ADDING FIVE PARCELS AND REDISTRIBUTING,
BUT NOT INCREASING, THE TOTAL NUMBER OF HOUSING UNITS IN THE SUNSET
TERRACE REDEVELOPMENT AREA, AND REVISING A PLANNED ACTION
DESIGNATED FOR THE SUNSET AREA PURSUANT TO THE STATE
ENVIRONMENTAL POLICY ACT (SEPA).
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I. Findings. The Council finds as follows:
A. The City is subject to the requirements of the Growth Management Act, RCW
36.70A (“GMA”) and is located within an Urban Growth Area;
B. The City has adopted a Comprehensive Plan complying with the GMA, and has
amended the Comprehensive Plan to address transportation improvements and capital facilities
specific to the Sunset Area;
C. The City has adopted a Community Investment Strategy, development
regulations, and design guidelines specific to the Sunset Area, as designated in Attachment A,
which will guide growth and revitalization of the area, including the Sunset Terrace public housing
redevelopment area identified in Attachment C;
D. The City has prepared an Environmental Impact Statement (EIS) for the Sunset
Area, supplemented by addenda, that addresses the probable significant environmental impacts
associated with the location, type, and amount of development anticipated in the Planned Action
area;
E. The mitigation measures identified in the Planned Action EIS, and attached to this
ordinance as Attachment B, together with adopted City development regulations, will adequately
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mitigate the probable significant environmental impacts from development within the Planned
Action area;
F. Future development projects in and around the Planned Action Area will protect
the environment, benefit the public and enhance economic development;
G. The public has meaningfully participated in the proposed Planned Action, during
comment periods, community meetings, and hearings, during and after the preparation of the
EIS, and the City has modified the proposal or mitigation measures in response to some of the
suggestions;
H. The Sunset Area Planned Action is not an essential public facility as defined by
RCW 36.70A.200(1);
I. The Planned Action Area applies to a defined subarea of the City boundaries
illustrated in Attachment A;
J. Public services and facilities are adequate to serve the proposed Planned Action
area;
K. The City adopted a Planned Action Ordinance 5610 on June 13, 2011, and
subsequently replaced it with Ordinance 5740 on December 8, 2014 to reflect preparation of a
Master Plan for the Renton Sunset Terrace redevelopment area within the larger Planned Action
Area and to reflect integration of a Reevaluation Alternative in 2014;
L. A revised master plan for the Sunset Terrace redevelopment area was submitted
to the City on May 27, 2016, which amends the 2014 Reevaluation Alternative by shifting the
location of planned dwellings and master plan territory to include five additional parcels, and
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redistributing but not altering the total number of dwellings studied or boundaries of the
designated Planned Action Area in Attachment A;
M. A NEPA Reevaluation, dated June 2016, pursuant to the National Environmental
Policy Act (NEPA), as authorized by U.S. Department of Housing and Urban Development
regulations, and an EIS addendum pursuant to SEPA were prepared to consider the
environmental effects of the revised Sunset Terrace master plan;
N. The City held a community meeting consistent with RCW 43.21C.440 on June 6,
2016; and
O. The City Council held a public hearing on July 11, 2016 regarding new amendments
to the Planned Action applicable to the Sunset Area in order to integrate the Reevaluation
Alternative, outlined in the NEPA Reevaluation and SEPA Addendum.
SECTION II. Procedures and Criteria for Evaluating and Determining Projects as
Planned Actions.
A. Planned Action Area. The Planned Action designation shall apply to the area
shown in Attachment A.
B. Environmental Document. A Planned Action determination for a site-specific
implementing project application shall be based on the environmental analysis contained in the
Draft EIS issued by the City on December 17, 2010, and the Final EIS published on April 1, 2011,
the NEPA reevaluation/SEPA addendum published on December 12, 2014, and the 2016 NEPA
reevaluation/SEPA addendum published on June 10, 2016. The Planned Action EIS shall consist
of the Draft EIS, Final EIS, and the 2016 NEPA reevaluation/SEPA addendum. The mitigation
measures contained in Attachment B are based upon the findings of the above-mentioned
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environmental documents and shall, along with adopted City regulations, provide the framework
for the City’s imposition of appropriate conditions on qualifying Planned Action projects.
C. Planned Action Designated. Land uses and activities described in the Planned
Action EIS, subject to the thresholds described in subsection II.D below and the mitigation
measures contained in Attachment B, are designated Planned Actions or Planned Action Projects
pursuant to RCW 43.21C.031. A development application for a site-specific Planned Action
project located within the Sunset Area shall be designated a Planned Action if it meets the criteria
set forth in subsection II.D of this ordinance and applicable laws, codes, development regulations
and standards of the City.
D. Planned Action Qualifications. The following thresholds shall be used to
determine if a site-specific development proposed within the Sunset Area is contemplated by the
Planned Action and has had its environmental impacts evaluated in the Planned Action EIS:
(1) Land Use.
(a) The following general categories/types of land uses are considered
Planned Actions: single family and multi-family residential; schools; parks; community and public
facilities; office and conference; retail; entertainment and recreation; services; utilities; and
mixed-use development incorporating more than one use category where permitted.
(b) Individual land uses considered as Planned Actions shall include
those uses specifically listed in RMC 4-2-060, Zoning Use Table – Uses Allowed in Zoning
Designations, as permitted or conditionally permitted in the zoning classifications applied to
properties within the Planned Action area provided they are consistent with the general
categories/types of land uses in (1)(a).
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(2) Development Thresholds.
(a) The following amount of various new land uses are anticipated by
the Planned Action:
Land Use Development Amount
Alternative 3 /
Reevaluation Alternative
FEIS Preferred Alt
Residential 2,506 units 2,339 units
Schools 57,010 gross square feet 57,010 gross square feet
Parks 0.25 -3.2 acres 3 acres
Office/Service 776,805 gross square feet 745,810 gross square feet
Retail 476,299 gross square feet 457,119 gross square feet
(b) The following infrastructure and utilities are considered planned
actions: roadways, water, wastewater, and stormwater facilities identified and studied in the EIS.
(c) Shifting development amounts between categories of uses may be
permitted so long as the total build-out does not exceed the aggregate amount of development
and trip generation reviewed in the EIS, and so long as the impacts of that development have
been identified in the Planned Action EIS and are mitigated consistent with Attachment B.
(d) The Renton Sunset Area Master Site Plan is included in Attachment
C and is to be used as a conceptual guide to redevelopment in that portion of the Planned Action
area, together with the land use studied in the NEPA reevaluation/SEPA addendum published on
June 10, 2016, and the use allowances of the Renton Municipal Code.
(e) If future development proposals in the Planned Action area exceed
the development thresholds specified in this ordinance, further environmental review may be
required pursuant to WAC 197-11-172, Planned actions—Project review. Further, if proposed
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development would alter the assumptions and analysis in the Planned Action EIS, further
environmental review may be required.
(3) Transportation - Trip Ranges and Thresholds. Inserted below are the new
PM Peak Hour Trips anticipated in the Planned Action area:
Alternative/Period PM Peak Hour Trips*
2006 2,082 trips
2030 Alternative 3 / Reevaluation
Alternative
5,555 trips
2030 Preferred Alt 5,386 trips
Net increase from 2006 -> 2030 Alternative
3 / Reevaluation Alternative
3,473 trips
Net increase from 2006 -> 2030 Preferred
Alternative
3,304 trips
*all PM peak hour trips with at least one end (origin, destination, or both) in TAZs
containing the study area
Uses or activities that would exceed the range of maximum trip levels will require
additional SEPA review.
(4) Changed Conditions. Should environmental conditions change significantly
from those analyzed in the Planned Action EIS, the City’s SEPA Responsible Official may
determine that the Planned Action designation is no longer applicable until supplemental
environmental review is conducted.
E. Planned Action Review Criteria.
(1) The City’s Environmental Review Committee may designate as “planned
actions”, pursuant to RCW 43.21C.030, Guidelines for state agencies, local governments --
Statements -- Reports -- Advice – Information, applications that meet all of the following
conditions:
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(a) The proposal is located within the Planned Action area identified in
Attachment A of this ordinance;
(b) The proposed uses and activities are consistent with those
described in the Planned Action EIS and subsection II.D of this ordinance;
(c) The proposal is within the Planned Action thresholds and other
criteria of subsection II.D of this ordinance;
(d) The proposal is consistent with the City of Renton Comprehensive
Plan and applicable zoning regulations;
(e) The proposal’s probable significant adverse environmental impacts
have been identified in the Planned Action EIS;
(f) The proposal’s probable significant adverse environmental impacts
have been mitigated by application of the measures identified in Attachment B, and other
applicable City regulations, together with any modifications or variances or special permits that
may be required;
(g) The proposal complies with all applicable local, state and/or federal
laws and regulations, and the Environmental Review Committee determines that these
constitute adequate mitigation; and
(h) The proposal is not an essential public facility as defined by RCW
36.70A.200(1).
(2) The City shall base its decision on review of a SEPA checklist, or an
alternative form approved by the Department of Ecology, and review of the application and
supporting documentation.
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(3) A proposal that meets the criteria of this section shall be considered to
qualify and be designated as a planned action, consistent with the requirements o f RCW
43.21C.030, Guidelines for state agencies, local governments -- Statements -- Reports -- Advice –
Information, WAC 197-11-164, Planned actions—Definition and criteria, and this ordinance.
F. Effect of Planned Action.
(1) Designation as a planned action project means that a qualifying proposal
has been reviewed in accordance with this ordinance and found to be consistent with its
development parameters and thresholds, and with the Planned Action EIS’s environmental
analysis.
(2) Upon determination by the City’s Environmental Review Committee that
the proposal meets the criteria of subsection II.D and qualifies as a Planned Action, the proposal
shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further
review pursuant to SEPA.
G. Planned Action Permit Process. Applications for planned actions shall be reviewed
pursuant to the following process:
(1) If the project is determined to qualify as a Planned Action, it shall proceed
in accordance with the applicable permit review procedures specified in RMC 4-8-080.G and 4-9,
except that no SEPA threshold determination, EIS or additional SEPA review shall be required.
The decision of the Environmental Review Committee regarding qualification as a Planned Action
shall be final.
(2) Public notice and review for projects that qualify as Planned Actions shall
be tied to the underlying permit. The review process for the underlying permit shall be as
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provided in RMC 4-8-080.G, Land Use Permit Procedures, and RMC 4-9 as modified by RCW
43.21C.440(3)(b). If notice, in addition to the requirements of RCW 43.21C.440(3)(b), is otherwise
required for the underlying permit, the notice shall state that the project has qualified as a
Planned Action. If notice is not otherwise required for the underlying permit, no special notice is
required by this ordinance.
(3) If a project is determined to not qualify as a Planned Action, the
Environmental Review Committee shall so notify the applicant and require a SEPA review
procedure consistent with the City’s SEPA regulations and the requirements of state law. The
notice shall describe the elements of the application that result in failure to qualify as a Planned
Action.
(4) Projects that fail to qualify as Planned Actions may incorporate or
otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA
documents, to meet their SEPA requirements. The Environmental Review Committee may limit
the scope of SEPA review for the non -qualifying project to those issues and environmental
impacts not previously addressed in the Planned Action EIS.
SECTION III. Monitoring and Review.
A. The City shall monitor the progress of development in the designated Planned
Action area to ensure that it is consistent with the assumptions of this ordinance and the Planned
Action EIS regarding the type and amount of development and associated impacts, and with the
mitigation measures and improvements planned for the Sunset Area.
B. This Planned Action ordinance shall be reviewed no later than five (5) years from
its effective date by the Environmental Review Committee to determine the continuing relevance
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of its assumptions and findings with respect to environmental conditions in the Planned Action
area, the impacts of development, and required mitigation measures. Based upon this review,
the City may propose amendments to this ordinance and/or may supplement or revise the
Planned Action EIS.
C. At the following time periods, the City shall evaluate the overall sustainability of
the Sunset Area Planned Action area, defined in Attachment A, consistent with Final EIS Appendix
A review of Goals and Objectives and LEED-ND qualitative evaluation, or an equivalent approach:
(1) At the time of the five (5)-year review in subsection IV.B above.
(2) At the time of a NEPA re-evaluation pursuant to 24 CFR Part 58.53, for the
Sunset Community Planned Action Area.
D. The City shall conduct a Greenroads evaluation or its equivalent at the time the NE
Sunset Boulevard design is at the thirty percent (30%) design level and at the sixty percent (60%)
design level.
E. The City shall review the Potential Sunset Terrace Redevelopment Subarea at the
time of the five (5)-year review in subsection III.B in relation to the following evaluation criteria:
(1) Contribution of final conceptual designs to 2030 Regional Vehicle Miles
Travelled (VMT) consistent with Final EIS Table 3.2-4, Sunset Terrace Redevelopment Subarea
Contribution to Forecast 2030 Regional VMT.
(2) Changes in land use and population growth and resultin g greenhouse gas
emissions of final conceptual designs compared to Tables 3.2-5 and 3.2-6 of the Final EIS, titled
respectively Assumed Land Use and Population Growth for Greenhouse Gas Emission
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Calculations—Potential Sunset Terrace Redevelopment Subarea and Comparison of Greenhouse
Gas Emissions—Potential Sunset Terrace Redevelopment Subarea.
(3) Change in effective impervious area for Sunset Terrace Redevelopment
Subarea compared with Final EIS Preferred Alternative and Alternative 3 which resulted in a
decrease of approximately 0.51 acre (11%) to 1.07 acres (23%) compared to existing conditions
as provided in Table 7 of the Planned Action ordinance Attachment B.
SECTION IV. Conflict. In the event of a conflict between this ordinance or any imposed
mitigation measure, and any City ordinance or regulation, the provisions of this ordinance shall
control except that the provision of any Uniform Code shall supersede.
SECTION V. Severability. Should any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application be declared to be unconstitutional or invalid by a
court of competent jurisdiction, such decision shall not affect the constitutionality or validity of
the remaining portions of this ordinance or its application to any other person or situation.
SECTION VI. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after its passage, approval and after publication of a summary of this ordinance 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.
AGENDA ITEM # 8. b)
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Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: _______________
ORD.1926:6/13/16:scr
AGENDA ITEM # 8. b)
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO T-
MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY, 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 Public Works Department
or designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair, and restore existing pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but limited to reasonable
attorneys’ fees.
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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, 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 T-Mobile West LLC, a Delaware limited liability company,
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
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Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted
to include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnor malities.
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 T-Mobile West LLC, a Delaware limited
liability company.
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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.
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.
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1.16 Work: Means any construction, excavation, installation, removal, or repairs
within the Franchise Area by or on behalf of Franchisee;
SECTION II. Purpose
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 its use of the Franchise Area, with no risk or liability conferred upon Renton.
This Franchise is granted upon the express condition that Renton retains the absolute authority
to grant other or further franchises in, under, on, across, over, through, along or below any
portion of the 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 Rento n 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
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47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right-of way), and 80.36.040 (Use of
road, street, and railroad right-of way – When consent of city necessary), and any related laws,
Renton grants to Franchisee, 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, alter, remove, repair 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 this 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.
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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.
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 in addition to those Facilities shown on
Attachment 1 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 P arties will meet within thirty (30)
calendar days and endeavor jointly to amend this Franchise to cure the invalidity or illegality.
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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 applicable 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
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, however the
commencement date of this Franchise shall be retroactive to June 23, 2014 (“Commencement
Date”) and shall remain in effect for ten (10) years (“Franchise Term”) and shall terminate at
11:59 p.m. prevailing time on June 22, 2024, unless it is terminated pursuant to Section XIII,
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Termination, Violations, and Remedies. At any time not more than two (2) years nor less than
one hundred 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.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate this
Franchise prior to the expiration of its term or any extension, th is Franchise shall be extended
on a year-to-year basis until this Franchise is renewed, terminated or extended.
SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed state ment pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City
Attorney Department, for review or inspection of activities undertaken through the authority
granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses incurred.
Renton employee time shall be calculated based on their rate of salary, including applicable
overtime, benefits and reasonable overhead, and all other costs will be bill based on an actual
cost basis.
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),
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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.
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 th is 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 o f an
ordinance or resolution. Such consent shall not be deemed to waive any of Renton’s rights to
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subsequently enforce Franchise related non-compliance issues that existed at or before
Renton’s consent.
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.
6.3 For the purposes of this section and notwithstanding anything to the contrary
herein, an assignment or transfer of this Franchise to a parent or affiliate or the merger or
corporate reorganization of any entity controlling, controlled by or under common control with
Franchisee shall not be deemed a transfer or assignment , provided such assignee is financially
capable of performing Franchisee’s obligations under this Franchise.
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, unless the language of this agreement requires a different act
or omission.
7.3 Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise Term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
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matter and such municipal interest and consistent with its legal obligations, Franchisee shall
cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither party shall invoke this Franchise as a basis to assert that its consideration of a given
issue is excused by operation of the doctrines of estoppel or waiver.
7.4 Reference to Specific Law or Order: Upon written inquiry by Renton, Franchisee
shall provide a specific reference to the federal, state, or local law or the WUTC order or action
establishing a basis for Franchisee’s actions related to a specific Franchise issue.
SECTION VIII. Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non -exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities across, along, below, in, over, through, or under, the
Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s
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
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and maintain proper barricades (if permitted by Law) 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, if any, 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, if required, and payment of the associated fees, which permits shall not be
unreasonably withheld or delayed after submission of a complete application. Franchisee shall
further inform Renton 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
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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
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
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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
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 Franch ise, 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
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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 manne r and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton.
Franchisee’s activities (including work done at Franchisee’s direction or on its behalf) shall not
damage or interference with other franchises, licenses, u tilities, drains or other structures, or
the Franchise Area, and shall not unreasonably interfere with public travel, park uses, other
municipal uses, adjoining property, and shall not endanger the safety of or injure persons and
property. Franchisee’s Work shall comply with all applicable Laws.
9.10 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 of Renton 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
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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. If Renton discovers damage caused by Franchisee to the Franchise
Area, Renton will give Franchisee notice of the damage and set a reasonable time limit in which
Franchisee must repair the damage. In the event Franchisee does not make the repair as
required in this section, Renton may repair the damage, to its satisfaction, at Franchisee’s sole
expense.
9.12 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.
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. 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.
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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)
calendar days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
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 inten t 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
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installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
Renton’s request, also attend construction meetings pertaining to performance of work within
the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: (a) such joint use shall not unreasonably delay the work of the party c ausing 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 ut ility
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, provided however, Franchisee shall be permitted to use
Hazardous Substances that are commonly used in type of Facility contemplated herein,
including cleaning solvents, back-up batteries and fuel/diesel for a temporary generator for use
during emergencies. Renton will not unreasonably withhold Approval, but such application
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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.
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 sub stitute
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 r emoval, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
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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
the Franchise Area pose an immediately endanger the property, life, health or safety of any
individual, Franchisee shall, upon receipt of notification from Renton of the existence of such
condition, immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Renton Fire & Emergency
Services Department through the dispatch system of the emergency; and (2) Franchisee informs
Renton’s permitting authority of the nature, location, and extent of the emergency, and the
work to be performed, prior to commencing the work if such notification is practical, or where
such prior notification is not practical, Franchisee shall notify Renton’s permitting authority on
the next business day; and (3) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
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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 request, Franchisee shall provide to
Renton copies of any plans prepared by Franchisee for potential improvements, relocations and
conversions to its Facilities within the Franchise Area; provided, however, any such plans so
submitted shall be for informational purposes only and shall not obligate Franchisee to
undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As-Built Drawings: Upon Renton’s 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 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.
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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 ne cessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any third party without the prior notice to Franchisee, unless the third party is
an authorized governmental entity of any tier or a public records requestor.
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 Required for New 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 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
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improvement within the Franchise Area, and such public works improvement necessitates the
relocation of Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
A. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such
relocation; and
B. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’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 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.
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Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any third party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third Party Construction of City Identified 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
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Franchisee by such third party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of
Franchisee’s Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in
subsection 15.1.
15.7 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
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 to the extent caused by Franchisee’s failure to remove
or relocate it Facilities in a timely manner, though Franchisee shall not be liable for damages
due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities
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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
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 above-ground 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, reasonable wear and tear excepted. 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.
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This remedy shall not be deemed to be exclusive and shall not prevent Renton from seeking a
judicial order directing Franchisee to remove its Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re-secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re-securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in
which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and is not renewed, 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 thirty (30)
calendar days of receiving written notice from Renton specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) calendar days, within such other reasonable period of time as the Parties may
agree upon, subject to the terms and conditions of Sections XVIII and XIX below, Renton may
terminate this Franchise.
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17.3 City Council Termination: This Franchise shall not be terminated during the first
five (5) years of the Franchise Term. Thereafter, this Franchise may only be terminated by
Renton by a majority vote of the City Council determining that the termination of this Franchise
is necessary to serve the public interest by using the Franchise Area for public purposes, and
after at least twelve (12) months’ prior written notice to Franchisee and an opportunity to be
heard. Renton shall use reasonable efforts to assist Franchisee in relocating Franchisee’s
Facilities to a mutually agreeable location on other property owned by Renton or in which
Renton has a right of way interest, and allow Franchisee to install temporary or permanent
equipment.
17.4 Discontinue Operations: If the Franchise is terminated pursuant to subsection
17.2, Franchisee shall immediately discontinue operation of Facilities through the Franchise
Area. In such circumstances, either party may invoke the dispute resolution provisions in
Section XVIII. Alternatively, either party may elect to seek relief directly in Superior Court, in
which case the dispute resolution requirements shall not be applicable. Once Franchisee’s
privilege has terminated, Franchisee shall comply with Franchise provision regarding removal
and/or abandonment of Facilities.
17.5 Renton Retains Right for Action: 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,
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and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any of the following
remedies, alone or in combination, in t he 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 Franchisee’s Termination: Franchisee may terminate this Franchise upon
delivering at least thirty (30) calendar days’ prior written notice to Renton if Franchisee’s
Facilities are interfered with by third parties, if Franchisee loses any permit or approval
necessary to maintain the Facilities through no fault of its own, or if Franchisee determines,
after the first five (5) years of the Franchise Term, that its Facilities or the Franchise Area are no
longer technologically feasible for its network operations.
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SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) business 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 thirty (30) calendar days (“cure period”) from the
date of receiving notice to:
A. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any alleged
default and requesting a meeting in accordance with subsection 18.2, or;
B. Cure the alleged default, or;
C. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
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, Renton may set a
meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall
take place not less than ten (10) business 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 agreemen t on any alleged
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default and/or any corrective action to be taken. Any dispute (including any dispute concerning
the existence of or any corrective action to be taken to cure any alleged default) that is not
resolved within ten (10) business days following the conclusion of the meeting shall be referred
by the Parties’ representatives in writing to the Parties’ senior management for resolution. If
senior management is unable to resolve the dispute within twenty (20) calendar days of such
referral (or such other period as the Parties may agree upon), each Party may pursue resolution
of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations pursuant to
these procedures for the resolution of disputes shall be confidential and shall be treated as
compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
A. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
B. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV,
Undergrounding of Facilities (except as preempted by WUTC authority); and XV,
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Relocation of Franchisee Facilities (excluding project delay claims exceeding
$30,000) of this Franchise (the “Arbitration Claims”), and/or;
C. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non-Arbitration Claims, obligations under this Franchise
and/or;
D. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX. Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
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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 subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city d ocuments 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.
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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.
SECTION XX. Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to seek
or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non-Arbitration Claims. Neither the existence of
other Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and
obtain judicial enforcement of the other Party’s obligations by means of specific performance,
injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties, specifically
stating that it is an amendment to this Franchise and is approved and executed in accordance
with State of Washington laws. Without limitation, and unless required by any Laws, this
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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 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, to the extent caused by any negligent act or omission or willful
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misconduct by Franchisee, its employees, contractors, agents and representatives, or to the
extent such claims arise out of Franchisee’s Work or activities within the Franchise Area,
including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damag es 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), employee’s, representatives or
trainee’s related to Franchisee’s granted Franchise privileges. If any action or proceeding is
brought against Renton by reason of any damage or injury, Renton shall (i) cause written notice
to be given unto Franchisee, (ii) give all reasonably requested assistance in defense or
settlement of such claim at Franchisee’s expense, and (iii) grant Franchisee the right to control
the defense or settlement of such claims. 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 ba sed 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,
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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, to the extent caused by: (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
under any Laws; and (e) liability for personal injury, property damage, or eco nomic 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 liabilit y 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
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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
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 co mpromise 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
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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.
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 upo n Franchisee’s
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages and limits, which limits may be satisfied with the combination of primary
and excess liability insurance policies:
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
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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;
B. Automobile liability for owned, non-owned and hired vehicles with a limit of two
million dollars ($2,000,000) for each person and two million dollars ($2,000,000) for
each accident;
C. Workers’ compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
D. Pollution legal liability shall be in effect throughout the entire Franchise Term, with a
limit not less than five million dollars ($5,000,000) for each occurrence, and in the
aggregate to the extent such coverage is reasonably available in the marketplace for
any pollution condition or occurrence.
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.
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23.4 Additional Insured: Renton, its officers, officials, employees, agents and
volunteers shall be named as an additional insured on the commercial general liability and
automobile liability insurance policies, 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 Franchisee’s negligence. 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 cancellation in
coverage.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall contain a general endorsement that the above described
policies will not be canceled before the expiration date thereof, without the issuing company
endeavoring to mail thirty (30) calendar 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 by Renton prior
to the commencement of any Work.
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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 or representatives, shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age
(except minimum age and retirement provisions), honorably discharged veteran or military
status, or the presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in employment or
application for employment or in the administration of the delivery of services or any other
benefits under this Franchise. Franchisee shall comply fully with all applicable Laws that
prohibit such discrimination. Franchisee shall endeavor to include a copy of this language, or
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language designed to achieve the same intent and purpose, in its vendor agre ements for
contractors working on behalf of Franchisee within the Franchise Area.
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 belo w, unless written notice of
change of address is provided to the other Party. Any notice or information required or
permitted to be given to the Parties under this Franchise may be sent to following Addresses
unless otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98055
Phone: (425) 430-7311
Company Address:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attention: Lease Compliance
Site No: SE04631E
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
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
45
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’s agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights-of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
26.3 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. Notwithstanding anything to the contrary herein, Franchisee may, without consent,
but with notice to Renton within thirty (30) calendar days of such assignment, assign this
Franchise to an affiliated entity or to an entity that acquires more than fifty-percent (50%) of
Franchisee’s assets in the market (as that term is defined by the Federal Communications
Commission) where the Franchise Area is located. 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
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
46
Franchise terms and conditions. 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 agreement between
the Parties with respect to the Franchise Area, the terms of this Franchise shall supersede the
terms of the previous agreement.
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 Agreement.
26.7 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area 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
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
47
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 restriction s 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 Intentionally Omitted
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 i ts 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
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
48
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 po wer 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
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 Franchisees
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).
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
49
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 Agreement 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
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 pro vision(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.
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
50
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.
26.24 Waiver of Workers’ 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:
AGENDA ITEM # 8. c)
ORDINANCE NO. ________
51
_________________________________
Lawrence J. Warren, City Attorney
Date of Publication: _______________.
ORD:1897:12/2/15:scr
AGENDA ITEM # 8. c)
52
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.
T-MOBILE WEST LLC,
A DELAWARE LIMITED LIABILITY COMPANY
____________________________________
By: _______________________
____________________________________
Its: _________________________
AGENDA ITEM # 8. c)
Attachment 1
[Map of entire City to be inserted]
AGENDA ITEM # 8. c)
� ..-.i_ .. _
� CITY OF
EXECUTIVE DEPARTMENT Renton -�
- �
M E M O R A N D U M
DATE: August 8, 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:
• Renton Community Center will be closed from Monday, August 8th through Friday, August
19th for annual maintenance. Staff will be answering phones during this time from 8:00
a.m. to 4:00 p.m., Monday through Friday, and processing any normal business that can be
done by phone during those two weeks.
� We are hosting the first Renton Multi-Cultural Festival on September 30th and October 1st.
The festival will celebrate the city's diversity through dance, entertainment, food booths,
and other exciting activities. You will soon be hearing more about this unique event.
• The Renton Police became the first department in the state to use drones to investigate
major crime scenes. Their use of"Photogrammetry" software produces images several
times more detailed than hand-held methods, saves countless man-hours, and re-opens
areas under investigation much more quickly. The department reports it will pay for itself
within two years.
• First Financial Northwest recently opened a new branch at The Landing. This is their fourth
branch in the state.
• The city received a $10,000 grant from CVS Pharmacy that was used to open the North
Highlands Community Garden. We also received volunteer help from Symetra, Boeing,
Sustainable Renton, Seattle Tilth, and students from Renton and Hazel high schools. Special
mention should go to Eagle Scout Kane Anderson, who designed and built the entry
archway.
� We have been working on the Cedar River to remove more than 120,000 cubic yards of
gravel and sediment from the river to reduce the risk of flooding and protect our airport,
companies such as Boeing, and homes, roads, and bridges. The dredging is expected to be
completed by August 31st, with project completion set for November. The King County
Flood Control District is paying for the project, estimated total cost $13 million.
�
R..�
Randy Corman,Council President �
Members of Renton City Council
Page 2
August 8,2016
• We've all seen the commercials for SONIC Drive-In, even though many of us have never
eaten at the fast food franchise. But take heart fast food connoisseurs, the wait is almost
over! A SONIC Drive-In will soon be opening in Renton off of Hardie Avenue SW and Rainier
Avenue South on the WalMart property. Welcome to Renton!
• Information about preventative street maintenance, traffic impact projects, and road
closures happening this week can be found at http://rentonwa.�ov/trafficimpacts.
• Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday, August 8th through Friday, August 12th, approximately 8:00 a.m. to 3:00
p.m. Potential lane closure will take place along NE 4th Street due to franchise utility
construction. Questions may be directed to Mark Wetherbee at 206-999-1829
✓ Monday, August 8th through Friday, August 12th, approximately 8:00 a.m. to 3:00
p.m. Intermittent lane closures will take place on the westbound lane of Monster Road
SW at 550 Monster Road SW due to roadway construction. Questions may be directed
to Tom Main at 206-999-1833.
✓ Monday, August 8th through Friday, August 12th, approximately 8:00 a.m. to 3:00
p.m. Westbound lane closure will take place on SW 16th Street between Lind Avenue
SW and Oaksdale Avenue SW due to utility installation. Questions may be directed to
Tom Main at 206-999-1833.
✓ Monday, August 8th through Friday, August 12th. Right northbound lane closure will
take place along Duvall Avenue NE from NE 8th Street to NE 10th Street due to
pavement repair. Questions can be directed to Flora Lee at 425-430-7303 or Todd Freih
at 425-999-1832.
✓ Monday, August 8th through Friday, August 12th, approximately 8:30 a.m. to 3:30
p.m. Duvall Avenue NE will have temporary curb lane closures at all intersections
between NE 6th Street and NE 9th Street due to the removal and replacement of the
pedestrian ramps. The left turn lane on Duvall Avenue NE from NE 6th Street to NE 7th
Place and NE 8th Street to NE 9th Street will have closures due to the installation of
center medians for the duration of the project and permanently thereafter. Questions
can be directed to Flora Lee at 425-430-7303 or Todd Freih at 425-999-1832.
✓ Monday, August 8th through Friday, August 12th, approximately 8:00 a.m. to 3:00
p.m. Possible lane closures will take place on Talbot Road South at South 198th Place
due to utility installation. Questions may be directed to Tom Main at 206-999-1833.
� Randy Corman,Council President
Members of Renton City Council
Page 3
August 8, 2016
✓ Monday, August 8th through Friday, August 12th, approximately 8:00 a.m. to 3:00
p.m. Lane closures will take place on East Valley Highway at the 3600 block due to
utility installation. Intersection lane closures will take place on SW 41st Street and Lind
Avenue SE, SW 41st and Lind Avenue SW, and SW 41st and East Valley Highway due to
utility installation. Questions may be directed to Tom Main at 206-999-1833.
✓ Monday, August 8th through Sunday, August 14th. Intermittent lane closures will take
place on SW 43rd Street and Lind Avenue SE around IKEA due to utility installation.
Possible full eastbound lane closure may take place on SW 41st Street along IKEA
frontage due to roadway work. Questions may be directed to Tom Main at 206-999-
1833.
✓ Monday, August 8th through Sunday, August 14th. 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. The on-site inspector, Pat Miller, can be reached at 206-794-
6162.
✓ Monday, August 8th through Friday, August 12th, approximately 8:00 a.m. to 3:00
p.m. Potential lane closure will take place along 160th Avenue SE due to water main
installation. Questions may be directed to Mark Wetherbee, 206-999-1829.
✓ Monday, August 15th through Friday, August 26th, approximately 7:00 a.m. to 4:00
p.m. Crews will be performing routine maintenance along SW 43rd Street between Lind
Avenue SW and West Valley Highway. Intermittent lane closures in both directions will
be in effect. Questions may be directed to Jayson Gallaway at 425-757-4107.
✓ Monday, August 8th through Friday, August 26th, approximately 7:00 a.m. to 4:00
p.m. Crews will be crack sealing along SW 7th Street between Lind Avenue SW and
Oakesdale Avenue SW. Intermittent lane closures in both directions will be in effect.
Questions may be directed to John Kalmbach at 425-766-6183.
✓ Monday, August 8th through Wednesday, August 31st. Full road closure will take place
on Burnett Avenue North between North 30th Street and North 32nd Street due to a
storm water Capital Improvement Project. Questions may be directed to Mark
Wetherbee at 206-999-1829 and Joe Farah at 425-430-7205.
✓ Monday, August 15th through approximately Friday, July 28th, 2017. Complete road
closure of Harrington Avenue NE, Sunset Lane NE, and Glennwood Avenue NE will take
place for approximately one year to accommodate the Sunset Lane NE Roadway
Improvements Project. Detours are in place. Questions may be directed to Keith
Woolley at 425-430-7318.
�
Randy Corman,Council President �'
Members of Renton City Council
Page 4
August 8, 2016
✓ Monday, August 8th through approximately Friday, October 28th: Intermittent
daytime lane closures will take place in both directions along Duvall Avenue NE between
NE 4th Street and NE 10th Street to accommodate a pavement preservation project. A
full closure of Duvall Avenue NE from NE 4th Street north approximately 600 feet will
occur for at least three nights the week of August 29th to September 2nd between 8
p.m. and 5 a.m. Detour routes during the full closure will be available along Union
Avenue NE west of Duvall Avenue NE, and Hoquiam Avenue NE east of Duvall Avenue
NE. Questions may be directed to Flora Lee at 425-430-7303. For more information a
project website has been set up at www.rentonwa.gov/duvall.
""��i--=. ---
CITY OF
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City Council Regular Meeting
7:00 PM - Monday, �u�l ' 0 i ��I �
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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�PPF�OVED BY
PUBLIC SAFETY COMMITTEE ��'�'Y COU�JCIL
COMMITTEE REPORT
��t� g �
August 8, 2016
Cost Reimbursement Agreement
Sex Offender Address Verification
(July 11, 2016)
The Public Safety Committee recommends concurrence in the staff recommendation to
approve the Cost Reimbursement Agreement to help improve public safety by establishing a
greater presence and emphasis by the Renton Police Department in King County
neighborhoods. This will be done by verifying the address and residency of registered sex and
kidnapping offenders.
��hdo Pavone, Chair
Crl'�
Don Persson, Vice Chair
Ed Prince, Member
cc: Melissa Day,Administrative Assistant to the Chief
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FINANCE COMMITTEE APPROV�ED BY
COMMITTEE REPORT ��� �pUhICIL
���:��' I�
August 8, 2016
I City Hall Roof Restoration
(July 11, 2016)
The Finance Committee recommends concurrence in the staff recommendation to approve the
Job Order Contract (JOC) Work Order with FORMA construction in the amount of$208,135.05,
to perform a complete roof restoration at City Hall. The Committee further recommends that
the Mayor and City Clerk be authorized to sign the contract.
� csv� �
�
Don Persson, Chair
�
rm n o Pavone, Vice Chair
I
_ No�- vr� �Q-�f',YV'��LI'l�,f�
Ruth Perez, Member
� � ��:� � _ _�
cc: Michael Kirk, Facilities Director
I��`�4"�`�n _.
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FINANCE COMMITTEE �ppR��/�U �Y'
COMMITTEE REPORT �R�-y �;�l���IL
Au ust 8, 2016 �
��� � �
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I Agreement#OSE-16-15 2015-2018 Fresh Bucks Implementation Amendment
(August 1, 2016) �
The Finance Committee recommends concurrence in the staff recommendation to approve
Agreement #OSE-16-15 2015-2018 Fresh Bucks Implementation Interlocal Agreement with City
of Seattle and authorize the Community Services Administrator to execute this agreement and
the subsequent two annual addenda for 2017 and 2018.
Don Persson, Chair
�
Ar�rlydndo Pavone, Vice Chair
—�c?� vv��ttC.vYll'.liVl� —
Ruth Perez, Member
cc: Kelly Beymer,Community Services Administrator
Casey Stanley, Neighborhoods, Resources and Special Events Manager
Carrie Olson, Farmers Market Administrator
Jennifer Jorgenson,Administrative Secretary I
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FINANCE COMMITTEE REPORT
'� `��'�C�'et�C:� �3Y'
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4Li� �'M�, lV'�
August 8, 2016 n
�'�,¢�_'1 � ��O__��-
,
APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
The Finance Committee approves for payment on August 8, 2016 claims vouchers 348490 —
348509, 348511 —348889, 348923 -349247, 5005 — 5031, 5038 and 11816657, 7 wire transfers
and 2 payroll runs with benefit withholding payments totaling $15,289,599.22 and payroll
vouchers including 1,574 direct deposits and 175 payrol) checks totaling$3,074,598.90.
/ 4�'1
Don ersson, Chair
do Pavone, Vice-Chair
— }�D�- w� �:��-ic..v tl,t GU�1 CC�
Ruth Perez, Member
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FINANCE COMMITTEE s�,�PRU�/E� ��
COMMITTEE REPORT ;�i'1'V �C�U�CIL.
.,a,:�....`��� -�S'-
August 8, 2015
I Fee Waiver Request for the 2016 C.A.S.T.for Kids
(Referred August 1, 2016) �
The Community Services Committee recommends concurrence in the staff recommendation to
approve the requested $500 fee waiver for the boat launch and picnic shelter fees at Gene
Coulon Memorial Beach Park on September 10, 2016, during the 2016 Special Populations
Children's Fishing Event sponsored by the C.A.S.T. for Kids Foundation.
Don Persson, Chair
�
A ndo Pavone, Vice Chair
�li� l�✓1l ✓�-�"e. � �u� C�e.---
Ruth Perez, Member
cc: Casey Stanley, Neighborhoods, Resources and Special Events Manager
Jennifer Jorgenson,Administrative Secretary I
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STAFF RECAP
COUNCIL MEETING REFERRALS
8/8/2016
MOTIONS REFERRED TO ADMINISTRATION: None
Other Requests:
Coordinate Town Hall style meeting with North Renton Neighborhood to discuss safety and
security issues. — Milosevich
Follow-up with David Dixon, 7250 Roosevelt Ave SW, Port Orchard, 98367,
(dsudbv�r�ya6�c�o.com) regarding pet dog that was picked up by Animal Control and
subsequently adopted out to a rescue family. - Milosevich
MOTIONS REFERRED TO COUNCIL COMMITTEE: None*
*The consent agenda items were adopted as presented.
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M 1 N UTES
City Council Regular Meeting
7:00 PM -Monday,August 8,2016
Council Chambers, 7th Floor, City Hall—1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent:
Randy Corman, Council President
Ryan Mclrvin Ruth Perez
Armondo Pavone
Don Persson
Ed Prince
Carol Ann Witschi
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL EXCUSE ABSENT
COUNCILMEMBER RUTH PEREZ. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
1ay Covington, Chief Administrative Officer
Shane Moloney, Senior Assistant City Attorney
Jason A. Seth, City Clerk
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Jan Hawn, Administrative Services Administrator
Jennifer Henning, Planning Director
Michael Kirk, Facilities Director
Carrie Olson, Farmers Market Coordinator
Chief Kevin Milosevich, Police Department
Commander Chad Karlewicz, Police Department
August 8, 2016 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
Farmers Market at the Piazza Week-August 7-13, 2016:A proclamation by Mayor Law was
read declaring August 7-13, 2016 to be "Farmers Market Week" in the City of Renton and
urging all citizens to join in recognizing the many benefits of the local farmers market.
Farmers Market Coordinator Carrie Olson accepted the proclamation with thanks.
MOVED BY CORMAN,SECONDED BY PRINCE, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
• A SONIC Drive-In will soon be opening in Renton off of Hardie Avenue SW and Rainier
Avenue South on the WalMart property.
• Renton Community Center will be closed from Monday, August 8th through Friday,
August 19th for annual maintenance. Staff will be answering phones during this time
from 8:00 a.m. to 4:00 p.m., Monday through Friday, and processing any normal
business that can be done by phone during those two weeks.
• On September 30th and October 1st the first Renton Multi-Cultural festival will
celebrate the City's diversity through dance, entertainment,food booths, and other
activities.
• The Renton Police became the first department in the state to use drones to
investigate major crime scenes. Their use of"Photogrammetry" software produces
images several times more detailed than hand-held methods, saves countless man-
hours, and re-opens areas under investigation much more quickly. The department
reports it will pay for itself within two years.
• First Financial Northwest recently opened a new branch at The Landing. This is their
fourth branch in the state.
• The City received a $10,000 grant from CVS Pharmacy that was used to open the
North Highlands Community Garden. Volunteer help was received from Symetra,
Boeing, Sustainable Renton, Seattle Tilth, and students from Renton and Hazel high
schools. Special mention to Eagle Scout Kane Anderson, who designed and built the
entry archway.
• The City has been working on the Cedar River to remove more than 120,000 cubic
yards of gravel and sediment from the river to reduce the risk of flooding and protect
the airport, companies such as Boeing, homes, roads, and bridges. The dredging is
expected to be completed by August 31st,with project completion set for November.
The King County Flood Control District is paying for the project, estimated total cost
$13 million.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
August 8, 2016 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
• Neil Sheesley, Renton, shared his concerns regarding resident celebrations that took
place on July 4, 2016 holiday and requested a town hall meeting to address safety and
security in the City. Mayor Law responded that the staff will look into holding a
meeting, as requested.
• Jesse Robbins, Seattle, discussed vehicle and noise pollution within the City and
shared his hopes for improving overall livability within the City through the reduction
of vehicle noise pollution.
• Kristi Hartman, Renton, addressed Council regarding the previous relationship that
the City's Animal Control Services had with the Seattle Humane Society, and
encouraged Council to consider supporting a renewal of that relationship as opposed
to approving proposed funding to build a facility to help house animals found by
Animal Control. Mayor Law invited Ms. Hartman to attend the Committee of the
Whole meeting on Monday, August 15, 2016 at 5 p.m.to hear a report that will be
provided on this topic.
• David Dixon, Port Orchard,explained an incident that happened to him regarding
losing his dog in the City of Renton and requested further help from Animal Control
Services to assist with returning his dog to him. Mayor Law requested that Mr. Dixon
provide contact information to City staff for further investigation.
• Nancy Monahan, Renton, briefly described her concerns regarding fireworks and
gunshots going off in the North Renton Neighborhood area and the apparent lack of
response to calls made on July 4, 2016 regarding the same matter.Additionally, she
addressed the presence of crime in her neighborhood, her hopes for the Renton
Police Department to address those issues, and her unease regarding the increase of
traffic in North Renton.
CONSENT AGENDA
Items listed on the ConsentAgenda were adopted with one motion,fol/owing the listing.
a) Approval of Council Meeting minutes of August 1, 2016 Council Concur.
b) AB-1733 Mayor Law appointed Ms. Wendy Weiker to the Airport Advisory Committee as the
Mercer Island Neighborhood Representative with a term expiring on 5/7/2019. Refer to
Community Services Committee.
c) AB-1735 City Attorney recommended adopting a resolution authorizing termination of the
interlocal agreement with King County Fire Protection District No. 25. Council Concur.
(See below for resolution.J
d) AB-1734 Utility Systems Division submitted JOC-01-054(formerly CAG-13-149,WO#47-15),
Water Telemetry SCADA System Upgrade 2015-2016 project, contractor Forma Construction
Company; and requested acceptance of the project and approval of the final pay estimate in
the amount of$1,042.67. Council Concur.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
August 8, 2016 REGULAR COUNCIL MEETING MINUTES
�
UNFINISHED BUSINESS
a) Finance Committee Chair Persson presented a report approving for payment on August 8, 2016
claims vouchers 348490-348509, 348511 -348889, 348923 -349247, 5005-5031, 5038 and
11816657, seven wire transfers, and two payroll runs with benefit withholding payments totaling
$15,289,599.22 and payroll vouchers including 1,574 direct deposits and 175 payroll checks
totaling$3,074,598.90.
MOVED BY PERSSON,SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve the Job Order Contract(JOC) Work Order with FORMA construction
in the amount of$208,135.05,to perform a complete roof restoration at City Hall.The
Committee further recommended that the Mayor and City Clerk be authorized to sign the
contract.
MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve the requested $500 fee waiver for the boat launch and picnic
shelter fees at Gene Coulon Memorial Beach Park on September 10, 2016, during the 2016
Special Populations Chi/dren's Fishing Event sponsored by the C.A.S.T.for Kids Foundation.
MOVED BY PERSSON,SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve Agreement#OSE-16-15 2015-2018 Fresh Bucks Implementation
Interlocal Agreement with City of Seattle and authorize the Community Services Administrator to
execute this agreement and the subsequent two annual addenda for 2017 and 2018.
MOVED BY PERSSON,SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
e) Public Safety Committee Chair Pavone recommended concurrence in the staff recommendation
to approve the Cost Reimbursement Agreement to help improve public safety by establishing a
greater presence and emphasis by the Renton Police Department in King County neighborhoods.
This will be done by verifying the address and residency of registered sex and kidnapping
offenders.
MOVED BY PAVONE,SECONDED BY PERSSON,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
August 8, 2016 REGUTAR COUNCIL MEETING MINUTES
LEGISLATION
Resolution:
a) Resolution No.4292:A resolution was read authorizing termination of an interlocal
agreement with King County Fire Protection District No. 25 entitled "Fire and Emergency
Services Operating Agreement," and further authorizing the Mayor and City Clerk to enter
into the Mutual Notice of Termination Agreement.
MOVED BY PAVONE,SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinances for second and final reading:
b) Ordinance No. 5813:An ordinance was read amending Ordinance Nos. 5610 and 5740,
adding five parcels and redistributing, but not increasing, the total number of housing units in
the Sunset Terrace Redevelopment area, and revising a planned action designated for the
Sunset Area pursuant to the State Environmental Policy Act (SEPA).
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES. CARRIED.
c) Ordinance No. 5814:An ordinance was read granting unto T-Mobile West LLC, a Delaware
limited liability company, 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.
MOVED BY MCIRVIN,SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES. CARRIED.
NEW BUSINE55
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL ADJOURN. CARRIED.TIME:
7:48 P.M.
�
Jason Seth, CMC, �Clerk
Megan Gregor, CMC, Recorder '
Monday, August 8, 2016
August 8, 2016 REGULAR COUNCIL MEETING MINUTES
Council Committee Meeting Calendar
August 8, 2016
August 11, 2016
Thursday
3:00 PM Planning & Development Committee, Chair Prince-Council Conference Rm.
1 . Benson Hill Community Plan Advisory Board Appointments
2. Colpitts Sunset Terrace Redevelopment Fee Waiver Request
3. Unit Lot Subdivision Code Revisions
4. Marijuana Regulations
5. Impact Fees Briefing
6. Emerging Issues
4:30 PM Community Services Committee, Chair Witschi-Council Conference Room
1 . Renton Airport Advisory Committee Appointments
August 15, 2016
Monday
CANCELLED Utilities Committee, Chair Mclrvin
4:00 PM Transportation Committee, Vice Chair Witschi-Council Conference Room
1 . Emerging Issues in Transportation
5:00 PM Committee of the Whole, Chair Corman - Council Chambers
1 . Master Plan Review Follow-up
2. Regionallssues
3. Downtown Revitalization/Economic Development Update
4. Animal Control Services
AUG 8, 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 August 1, 2016 Council Concur Jason Seth Megan Gregor
6.b) CONSENT
AGENDA
AB - 1733 Mayor Law appointed Ms. Wendy Weiker to the
Airport Advisory Committee as the Mercer Island
Neighborhood Representative with a term expiring on
5/7/2019.
REFER TO
COMMUNITY
SERVICES
COMMITTEE
April Alexander Jonathan Wilson
Susan Campbell-Hehr
Heather Ulit
Sandi Weir
6.c) CONSENT
AGENDA
AB - 1735 City Attorney recommended adopting a resolution
authorizing termination of the interlocal agreement with
King County Fire Protection District No. 25. (See below for
resolution.)
COUNCIL CONCUR Larry Warren Stephanie Rary
Sandi Weir
6.d) CONSENT
AGENDA
AB - 1734 Utility Systems Division submitted JOC-01-054
(formerly CAG-13-149, WO #47-15), Water Telemetry SCADA
System Upgrade 2015-2016 project, contractor Forma
Construction Company; and requested acceptance of the
project and approval of the final pay estimate in the amount
of $1,042.67.
COUNCIL CONCUR Abdoul Gafour Teresa Phelan
Li Li-Wong
7.a) UNFINISHED
BUSINESS
Finance Committee Chair Persson presented a report
approving for payment on August 8, 2016 claims vouchers
348490 - 348509, 348511 - 348889, 348923 - 349247, 5005-
5031, 5038 and I1816657, seven wire transfers, and two
payroll runs with benefit withholding payments totaling
$15,289,599.22 and payroll vouchers including 1,574 direct
deposits and 175 payroll checks totaling $3,074,598.90.
COUNCIL CONCUR Jamie Thomas Natalie Wissbrod
7.b) UNFINISHED
BUSINESS
Finance Committee Chair Persson presented a report
recommending concurrence in the staff recommendation to
approve the Job Order Contract (JOC) Work Order with
FORMA construction in the amount of $208,135.05, to
perform a complete roof restoration at City Hall. The
Committee further recommended that the Mayor and City
Clerk be authorized to sign the contract.
COUNCIL CONCUR Jeff Minisci Michael Kirk
Jessi Merriman
Cindy Moya
7.c) UNFINISHED
BUSINESS
Finance Committee Chair Persson presented a report
recommending concurrence in the staff recommendation to
COUNCIL CONCUR Casey Stanley Kelly Beymer
Roberta Graver
approve the requested $500 fee waiver for the boat launch
and picnic shelter fees at Gene Coulon Memorial Beach Park
on September 10, 2016, during the 2016 Special Populations
Children’s Fishing Event sponsored by the C.A.S.T. for Kids
Foundation.
Jeannie Gabriel
7.d) UNFINISHED
BUSINESS
Finance Committee Chair Persson presented a report
recommending concurrence in the staff recommendation to
approve Agreement #OSE-16-15 2015-2018 Fresh Bucks
Implementation Interlocal Agreement with City of Seattle
and authorize the Community Services Administrator to
execute this agreement and the subsequent two annual
addenda for 2017 and 2018.
COUNCIL CONCUR Carrie Olson Kelly Beymer
Roberta Graver
Jeannie Gabriel
Sandi Weir
7.e) UNFINISHED
BUSINESS
Public Safety Committee Chair Pavone recommended
concurrence in the staff recommendation to approve the
Cost Reimbursement Agreement to help improve public
safety by establishing a greater presence and emphasis by
the Renton Police Department in King County
neighborhoods. This will be done by verifying the address
and residency of registered sex and kidnapping offenders.
COUNCIL CONCUR Jeff Eddy Melissa Day
8.a) Resolution: Resolution No. 4292: A resolution was read authorizing the
Mayor And city Clerk to enter into an Interlocal Agreement
with Renton Regional Fire Authority to implement the
regional fire authority plan approved by voters on April 26,
2016.
COUNCIL ADOPT
THE RESOLUTION
AS READ
Larry Warren Stephanie Rary
Sandi Weir
8.b) Ordinances for
second and final
reading:
Ordinance No. 5813: An ordinance was read amending
Ordinance Nos. 5610 and 5740, adding five parcels and
redistributing, but not increasing, the total number of
housing units in the Sunset Terrace Redevelopment area,
and revising a planned action designated for the Sunset Area
pursuant to the State Environmental Policy Act (SEPA).
COUNCIL ADOPT
THE ORDINANCE
AS READ. ROLL
CALL: ALL AYES.
Rocale Timmons Judith Subia
Cindy Moya
8.c) Ordinances for
second and final
reading:
Ordinance No. 5814: An ordinance was read granting unto
T-Mobile West LLC, a Delaware limited liability company,
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.
COUNCIL ADOPT
THE ORDINANCE
AS READ. ROLL
CALL: ALL AYES.
Amanda Askren Jennifer Henning
Brianne Bannwarth
Judith Subia
Cindy Moya