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HomeMy WebLinkAboutCouncil 06/11/2007 f AGENDA RENTON CITY COUNCIL REGULAR MEETING June 11, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT 4. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 5. 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 6/4/2007. Council concur. b. Administrative, Judicial and Legal Services Department requests approval of an agreement with Ire King County Rural Library District regarding the transfer of assets in the event of certain annexations. Council concur. (See 8.a. for resolution.) c. Court Case filed on behalf of Wendall Woodall as Assignee of Edmonds Plat, LLC,by Nathan James Neiman, seeking damages allegedly due to the City's negligence in failing to notify Edmonds Plat of the fire suppression system requirement prior to construction of residence at 1758 Newport Ave., which resulted in demolition and construction in order to retrofit the residence with a sprinkler system. Refer to City Attorney and Insurance Services. d. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way on Meadow Ave. N. to fulfill a requirement of the White Meadow Short Plat(SHP- 06-159). Council concur. e. Finance and Information Services Department recommends approval of an agreement with Washington School Information Processing Cooperative to allow the purchase of voicemail system software and services from Verizon. Council concur. (See 8.b. for resolution.) f. Fire Department recommends approval of the appropriation and expenditure of funds in the amount of$429,420 granted by the Department of Homeland Security Assistance to Firefighters, and the purchase of self-contained breathing apparatus from sole source vendor SeaWestern Fire Fighting Equipment in the amount of$375,000. Council concur. (See 8.a. for ordinance.) g. Fire Department recommends approval of an agreement with the Washington State Military Department to provide Depai lucent of Homeland Security Emergency Management Performance Grant funds in the amount of$66,714, and approval for appropriation and expenditure of the funds to support the emergency management program. Council concur. (See 8.c. for resolution and 8.b. for ordinance.) h. Hearing Examiner recommends approval, with conditions, of the Brookefield North Preliminary Plat(PP-05-131); 15 single-family lots on 2.17 acres located at 1154 and 1160 Hoquiam Ave. NE. Council concur. i. Utility Systems Division requests approval to adopt a Surface Water Utility Master Plan upon completion of review. Refer to Utilities Committee. j. Utility Systems Division recommends approval of an agreement in the amount of$92,999 with R.W. Beck, Inc. for development of a Water Use Efficiency Plan. Council concur. (CONTINUED ON REVERSE SIDE) M 6. CORRESPONDENCE 7. UNFINISHED BUSINESS • New Life Church -Aqua Barn Annexation 10%Notice of Intent to annex petition for 297 acres located in vicinity of SE Renton-Maple Valley Hwy. (tabled on 6/4/2007) 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. Finance Committee: Vouchers; Official Newspaper Designation*; Group Health Cooperative Contracts b. Planning and Development Committee: City Code Amendments re: Tree Retention c. Utilities Committee: SW 34th St. Culvert Replacement Project Fund Transfer* 8. RESOLUTIONS AND ORDINANCES Resolutions: a. Agreement with King County Rural Library District(see 5.b.) b. Agreement with Washington School Information Processing Cooperative(see 5.e.) c. Grant agreement with WA State Military Department(see 5.g.) d. Official newspaper designation(see 7.a.) Ordinances for first reading: a. 2007 Budget amendment related to Homeland Security Assistance to Firefighters grant(see 5.f.) b. 2007 Budget amendment related to WA State Military Department grant (see 5.g.) c. 2007 Budget amendment for SW 34th St. Culvert Replacement Project(see 7.c.) Ordinance for second and final reading: Authorizing use of automated traffic safety cameras (1st reading 6/4/2007) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. Cable Franchise Renewal Update; Annexation Petition Guidelines • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting June 11, 2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCIE PALMER; DENIS LAW; DAN CLAWSON. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES, Assistant City Attorney; BONNIE WALTON, City Clerk; ALEX PIETSCH, Economic Development Administrator; MARTY WINE, Assistant CAO; PREETI SHRIDHAR, Communications Director; CHIEF I. DAVID DANIELS,Fire Department; DEPUTY CHIEF TIM TROXEL, Police Department. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: * Weekend overflow parking for users of the boat launch at Gene Coulon Memorial Beach Park is available along Houser Way N. and at the south end of Boeing parking lot#11,beginning June 9. * The Gene Coulon Memorial Beach Park swim area and Kennydale Beach Park will be closed on June 18 in order to conduct the application of an aquatic herbicide. The herbicide will be applied below the surface of the water to treat and remove Milfoil, a non-native weed that chokes out native plants and can entangle people,boat propellers, and fishing lines. * Beginning June 16, SW 34th St. (on the east and west side of the creek)will be temporarily closed to through traffic in order to facilitate removal of the existing culverts and installation of the new box culvert for the SW 34th St. Culvert Replacement Project. AUDIENCE COMMENT Jerry Puckett, 15260 Oak Dr., Renton, 98058, spoke on the matter of the New Citizen Comment: Puckett- Life - Aqua Barn Annexation, commenting that he is looking forward to New Life - Aqua Barn annexing to Renton. He thanked the City and New Life Church for their efforts. Annexation, Maple Valley Hwy Citizen Comment: Hulten - Bill Hulten, 13836 SE 158th St., Renton, 98058, stated that last week, Council New Life - Aqua Barn asked about the interest of the Maple Ridge Estates property owners in annexing Annexation, Maple Valley to Renton as part of the New Life -Aqua Barn Annexation, if the boundary was Hwy expanded to include the neighborhood. Pointing out that he does not want the neighborhood's inclusion to negatively affect the annexation effort, Mr. Hulten reported that the data he collected shows the strength of the interest of a strong majority of the property owners, and a formal petition would yield signatures from homeowners representing greater than 60 percent of the assessed valuation of the neighborhood. However, he noted that the data is not as complete as he would like it to be. June 1 I,2007 Renton City Council Minutes Page 198 Continuing, Mr.Hulten reported that of the property owners who were reached over the past week, 83 percent of the assessed valuation of the property owned by those expressing interest in annexation is represented. Of the total assessed valuation of Maple Ridge Estates, 55 percent is represented by respondents expressing interest in annexation. Mr. Hulten expressed his hope that Maple Ridge Estates will become part of the City of Renton in the near future. Citizen Comment: Dideon - Scott Dideon, 14013 SE 159th Pl.,Renton, 98058,voiced his support for New Life - Aqua Barn including Maple Ridge Estates in the New Life - Aqua Barn Annexation. He Annexation, Maple Valley noted that a majority of the neighborhood's homeowners voted against the Hwy Fairwood Incorporation. Citizen Comment: Lichty- Loran Lichty, 15711 152nd Ave. SE, Renton, 98058, representing New Life New Life -Aqua Barn Church, the proponent of the New Life -Aqua Barn Annexation, expressed his Annexation, Maple Valley appreciation for the efforts of previous speaker Bill Hulten to determine the Hwy interest of the Maple Ridge Estates residents in annexing to Renton. He noted his hesitations to include the neighborhood in the annexation as follows: 1) the goal of 60 percent favorable property value by Maple Ridge Estates was not met; 2)the lack of specific response from the 25 properties located beyond Maple Ridge Estates that are only accessible through the neighborhood; and 3) the opposition by the individuals seeking to include Maple Ridge Estates into a future city incorporation is unknown and not currently in opposition of the subject annexation. (See page 199 for discussion concerning this matter.) CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 6/4/2007. Council concur. 6/4/2007 AJLS: Library Capital Assets Administrative, Judicial and Legal Services Department requested approval of re Annexations, King County an agreement with King County Rural Library District regarding the transfer of Rural Library District library capital assets in the event of certain annexations. Council concur. (See page 202 for resolution.) Court Case: Wendall Woodall Court Case filed on behalf of Wendall Woodall as Assignee of Edmonds Plat, as Assignee of Edmonds Plat, LLC, by Nathan James Neiman, seeking damages allegedly due to the City's CRT-07-004 negligence in failing to notify Edmonds Plat of the fire suppression system requirement prior to construction of a residence at 1758 Newport Ave., which resulted in demolition and construction in order to retrofit the residence with a sprinkler system. Refer to City Attorney and Insurance Services. Development Services: White Development Services Division recommended acceptance of a deed of Meadow, ROW Dedication, dedication for additional right-of-way on Meadow Ave. N. to fulfill a Meadow Ave N, SHP-06-159 requirement of the White Meadow Short Plat. Council concur. Finance: Joint Purchasing Finance and Information Services Department recommended approval of an Agreement (Voicemail), WA agreement with Washington School Information Processing Cooperative to School Information Processing allow the purchase of voicemail system software and services from Verizon. Cooperative Council concur. (See page 202 for resolution.) Fire: Assistance to Firefighters Fire Department recommended approval of the appropriation and expenditure of Grant, Purchase of Self- funds in the amount of$429,420 granted by the Department of Homeland Contained Breathing Security Assistance to Firefighters to purchase firefighter personal protective Apparatus, Budget Amend equipment, self-contained breathing apparatus (SCBA), and large diameter hose for fire engines. Approval was also sought for the purchase of SCBA from sole source vendor SeaWestern Fire Fighting Equipment in the amount of$375,000. Council concur. (See page 202 for ordinance.) June 11,2007 Renton City Council Minutes Page 199 Fire: Emergency Management Fire Department recommended approval of an agreement with the Washington Performance Grant, WA State State Military Department to provide Department of Homeland Security Military Department, Budget Emergency Management Performance Grant funds in the amount of$66,714, Amend and approval for appropriation and expenditure of the funds to support the emergency management program. Council concur. (See page 202 for resolution and ordinance.) Plat: Brookefield North, Hearing Examiner recommended approval, with conditions, of the Brookefield Hoquiam Ave NE, PP-07-012 North Preliminary Plat; 15 single-family lots on 2.17 acres located at 1154 and 1160 Hoquiam Ave. NE. Council concur. Utility: Surface Water Utility Utility Systems Division recommended approval to adopt a Surface Water Master Plan Utility Master Plan upon completion of review. Refer to Utilities Committee. Utility: Water Use Efficiency Utility Systems Division recommended approval of an agreement in the amount _Plan, RW Beck of$92,999 with R.W. Beck, Inc. for development of a Water Use Efficiency Plan. Council concur. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL REMOVE Annexation: New Life- Aqua FROM THE TABLE THE NEW LIFE -AQUA BARN ANNEXATION. Barn, Maple Valley Hwy CARRIED. Economic Development Administrator Pietsch stated that the decision before Council is whether to move forward with the New Life - Aqua Barn Annexation boundary as is, or to expand the boundary to include the Maple Ridge Estates area. He pointed out that as far as he knows, the property owners of parcels located south of Maple Ridge Estates, the only access for which is through Maple Ridge Estates, have not been contacted regarding their interest in annexation to Renton. Mr. Pietsch also pointed out that the inclusion of the Elliot Farms subdivision is not recommended. In response to Council inquiries, Mr. Pietsch stated that Maple Ridge Estates cannot pursue annexation on its own as it is not timely, and the subdivision is not located directly adjacent to the City. In regards to the subject annexation, he explained that once the 60%petition is circulated, the signatures collected are good for 180 days. Mr. Pietsch indicated that Maple Ridge Estates can ask the Boundary Review Board (BRB) for removal from the Fairwood Incorporation's boundaries. Mr. Pietsch further noted that the Elliott Farms subdivision will not technically become an unincorporated island and most likely will not be included in the subject annexation by the BRB. Councilmembers Persson and Clawson each noted the difficulty of the decision. Mr. Corman inquired if anyone was present in the audience who resides in the subdivision to the south of Maple Ridge Estates and can discuss the road that accesses the subdivision. Sylvia Dailey, 13970 SE 159th Pl., Renton, 98058, noted that her residence is located on the street in question, as well as her son's (previous speaker Scott Dideon). She explained that the reason the area was thought to be a separate subdivision is because the 25 properties are called View Point at Maple Ridge Estates. Ms. Dailey reported that she and her son visited homes along SE 159th Pl. and the majority of those they spoke with expressed interest in annexing to Renton. She indicated that the data that previous speaker Bill Hulten collected included View Point and Maple Ridge Estates. June 11,2007 Renton City Council Minutes Page 200 Bill Hulten, 13836 SE 158th St., Renton, 98058, clarified that the data he presented only reflects the homeowners in Maple Ridge Estates. Councilmember Clawson also noted the difficulty of the decision,pointing out the possibility that the annexation may fail if not for the addition of Maple Ridge Estates. In response to Councilmember Palmer's inquiry as to who has been contacted in the subject annexation and what their positions are, Mr. Pietsch replied that he did not know who the proponents have talked to. He voiced his understanding that proponent Lichty was waiting for Council authorization of the 60%petition prior to going out into the community. Regarding the Wonderland Estates Mobile Home Park property,Mr. Pietsch stated that in October 2006,King County received a complete development application that vests the property owner to the existing King County development regulations. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL EXPAND THE ANNEXATION BOUNDARY TO INCLUDE MAPLE RIDGE ESTATES, WHICH INCLUDES VIEW POINT AT MAPLE RIDGE ESTATES.* Councilmember Corman agreed with Councilmember Clawson saying that including Maple Ridge Estates may make it more likely that the annexation would be successful. Council President Nelson expressed concern regarding the extra burden on the proponents if the annexation boundary was expanded. Mr. Corman commented that Maple Ridge Estates residents should be responsible for collecting the signature for the Maple Ridge Estates area. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL SUSPEND THE RULES TO ALLOW MR. LICHTY TO MAKE HIS COMMENTS. CARRIED. Loran Lichty, 15711 152nd Ave. SE, Renton, 98058, emphasized that New Life Church will support whichever decision Council makes. He clarified that in the Maple Ridge Estate's data collection, 101 of the 157 homes were reached; thus the 83 percent represents 101 households when in reality the 60% annexation petition will be based on 157 homes. Mr. Lichty estimated that a boundary expansion will delay the signature collection process by approximately one month. Continuing, Mr. Lichty noted the difference of a homeowner expressing an opinion for informal data collection versus actually signing an annexation petition. He commended Maple Ridge Estates residents for their efforts and for their level of organization. Saying that he sees both sides of the matter, Mr. Lichty noted the lack of contact he has had with property owners in the current annexation area; therefore, he does not have a good gauge as to their interest in annexation. *MOTION CARRIED. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL: ACCEPT THE CERTIFIED 10%NOTICE OF INTENT PETITION AS MODIFIED WITH THE INCLUSION OF MAPLE RIDGE ESTATES;AUTHORIZE CIRCULATION OF A 60%DIRECT PETITION TO ANNEX FOR THE EXPANDED ANNEXATION AREA; AND SUPPORT FUTURE ZONING CONSISTENT WITH CURRENTLY PROPOSED 2007 COMPREHENSIVE PLAN AMENDMENTS FOR THE AREA. CARRIED. June 11, 2007 Renton City Council Minutes Page 201 Committee of the Whole Council President Nelson presented a Committee of the Whole report regarding Planning: Minimum minimum annexation size guidelines. The Committee was briefed and Annexation Sizes recommended that no changes be made to the current annexation practices at this time. However, the Administration is encouraged to track the costs and revenues generated by annexation activity and request budget increases to ensure the sufficient provision of services to all areas of the City as annexation occurs. MOVED BY NELSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Persson presented a report recommending approval of Finance: Vouchers Claim Vouchers 259842 - 260190 and three wire transfers totaling $2,484,379.94; and approval of Payroll Vouchers 144,zero wire transfers,and 680 direct deposits totaling $1,272,762.44. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 259842 - 260799 and six wire transfers totaling $5,873,252.52; and approval of Payroll Vouchers 304, zero wire transfers, and 1,364 direct deposits totaling $4,305,742.92. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Resources: 2007 Finance Committee Chair Persson presented a report recommending Group Health Cooperative concurrence in the staff recommendation to approve the annual review of the Medical Coverage Contracts Group Health Cooperative medical coverage agreements as follows: LEOFF 1 (Law Enforcement Officers and Fire Fighters) Retirees (Contract Nos. 0057500 and 4057500); and all other City of Renton covered employees (Contract No. 1162600). Funding was previously approved by Council in the 2007 Budget. The revisions are applicable to all three of the renewal contracts. As in prior years, Group Health does not send confirming contracts for signature until mid year. The Committee further recommended that the Mayor and City Clerk be authorized to execute the contracts. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report regarding Committee Renton Municipal Airport policy priorities and examining alternatives. In April Airport: Development Policy and May of 2007, the Committee reviewed the key policy recommendation in Priorities, Examining the 2005 Renton Municipal Airport Development Study adopted by the City Alternatives Council in June 2005. The Committee has made a number of revisions in the development policies and recommended their formal adoption by Council. MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning& Development Planning and Development Committee Vice Chair Clawson presented a report Committee recommending concurrence in the staff recommendation to approve the tree Planning: City Code Amends retention and removal ordinance. The Committee further recommended that the re Tree Retention ordinance be prepared for first reading. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES June 11,2007 Renton City Council Minutes Page 202 Resolution #3883 A resolution was read authorizing the Mayor and City Clerk to enter into an AJLS: Library Capital Assets agreement regarding disposition of library capital assets from the King County re Annexations, King County Rural Library District to the City of Renton in the event of certain annexations. Rural Library District MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3884 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Joint Purchasing interlocal joint purchasing agreement with the Washington School Information Agreement(Voicemail), WA Processing Cooperative in order to jointly bid the acquisition of goods and School Information Processing services. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL Cooperative ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3885 A resolution was read authorizing the Mayor and City Clerk to enter into an Fire: Emergency Management interlocal cooperative agreement with the Washington State Military Performance Grant,WA State Department and Department of Homeland Security, entitled "Emergency Military Department, Budget Management Performance Grant(EMPG), Contract#E07-363." MOVED BY Amend PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 6/18/2007 for second and final reading: Fire: Assistance to Firefighters An ordinance was read amending the 2007 Budget by using $429,420 from the Grant, Purchase of Self- Fund 000 fund balance for the purpose of purchasing equipment for the Renton Contained Breathing Fire Department. MOVED BY LAW, SECONDED BY NELSON, COUNCIL Apparatus, Budget Amend REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/18/2007. CARRIED. Fire: Emergency Management An ordinance was read amending the 2007 Budget by using $66,714 from the Performance Grant, WA State Fund 000 fund balance for the purpose of supplemental funding to support the Military Department, Budget City's emergency management program. MOVED BY LAW, SECONDED BY Amend CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/18/2007. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance #5290 An ordinance was read adding a new Section 10-12-15, Traffic Safety Cameras, Police: Red Light School Zone of Chapter 12,Traffic Code, of Title 10 (Traffic) of City Code by authorizing Photo Enforcement Program the use of automated traffic safety cameras to detect certain traffic infractions; adopting the standards and restrictions regarding use of traffic safety cameras in RCW 46.63.030 and RCW 46.63.170; and setting the monetary penalty for an infraction detected by an automated traffic safety camera. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 8:03 p.m.1 Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 11, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING June 11, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 6/18 Emerging Issues in Community Services (Nelson) 5:30 p.m. and Public Safety *Council Conference Room* Approximately Renton Results Update 6:30 p.m. *Council Chambers* COMMUNITY SERVICES (Corman) FINANCE MON., 6/18 Fund Balance Reserves and Annual (Persson) 5 p.m. Capital Improvement Plan PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY MON., 6/18 Emergency Preparedness (Law) 4:30 p.m. TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. r 0,�` Y 0,,,- ADMINISTRATIVE, JUDICIAL, AND • ;; , LEGAL SERVICES DEPARTMENT , _ 0 MEMORANDUM NT DATE: June 11, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: COMMUNITY SERVICES DEPARTMENT • The City of Renton and King County is offering a limited supply of free vouchers to qualified resident seniors worth $40 in fresh fruits and vegetables from King County farmers markets. The vouchers will be available June 11-15 from 11:00 a.m. to 2:00 p.m. at the Renton Senior Activity Center to South King County residents who are at least 60 years old (55 years old if Native American) and have a household income below $1,574/month (one person) or below $2,111/month (two people). Applicants must provide identification showing date of birth and residence zip code. Transportation to the Senior Activity Center(211 Burnett Avenue North) is available by two-day advance registration within Renton School District boundaries for just $1.00 by calling 425-430- 6633. • City of Renton senior and/or disabled citizens may qualify for the City utility tax rebate and discount program. Utility tax rebates are available to any qualified resident who paid utility taxes during the year. The rebate is for $110, or prorated for residence of less than one year. Applications are due June 30th and are available at rentonwa.gov. Call 425-430-6852 for further information. • Beginning June 9th, weekend overflow parking for users of the boat launch at Gene Coulon Memorial Beach Park is available along Houser Way North and at the south end of Boeing parking lot #11. The City appreciates the assistance of The Boeing Company in meeting the need for extra parking. Recreation Division personnel at Coulon have maps available to these sites, and a shuttle service is available between 12 noon and 8:00 p.m., weekends only through September 2nd. For more information, contact the Renton Community Center at 425-430-6700. • Summertime fun begins at the Henry Moses Aquatic Center on Saturday, June 16th. The aquatic center's fourth season will continue through Labor Day. Call 425-430-6700 for more information or visit the City's website at rentonwa.gov. • Summer hours will begin at the Renton Community Center on Monday, June 18th, and continue through Labor Day. The center will be open 6:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 8:00 p.m. on Saturdays. It will be closed on Sundays for the summer. • The City will take action on June 18th to address dangerous and invasive water weeds in the swimming area and boat harbor at Gene Coulon Memorial Beach Park and Kennydale Beach Park. An aquatic herbicide will be applied below the surface of the water to treat and remove Milfoil, a non-native weed that chokes out native plants and can entangle people, boat propellers, and fishing Administrative Report June 11,2007 Page 2 lines. Milfoil spreads rapidly to new areas and is very difficult to remove without the use of an herbicide. The Gene Coulon Memorial Beach Park swim area and Kennydale Beach Park will be closed June 18th in order to conduct the application of the herbicide. The product to be used is very safe and is authorized by the Washington State Department of Ecology. Contact Jerry Rerecich, City of Renton Recreation Manager, at 425-430-6615 for further details. • The swimming areas at Gene Coulon Memorial Beach Park and Kennydale Beach Park will be open with lifeguards June 23rd through Labor Day. ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • The Downtown Wayfinding project, which will improve signage into and around downtown Renton, as well as between downtown and The Landing, kicked off last week. The consultant team at Sea Reach met with City leaders and held two public meetings to solicit input before the system is designed. Thirty people, representing businesses, property owners, residents, and community volunteers, provided valuable input at two public meetings. Sea Reach will submit a draft design by late July. EDNSP will host additional meetings with City staff and the public to review and provide feedback at that time. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The RTID Planning Committee, comprised of the 21 County Councilmembers from King (9), Pierce (7), and Snohomish (5) Counties, voted 19-2 to move the RTID package along to individual county councils to be placed on the ballot. The project list is essentially unchanged from what has previously been presented. • The City has begun construction on the SW 34th Street Culvert Replacement Project, which will reduce flooding in the Renton Valley by replacing four deteriorating, undersized culverts. Beginning June 16th, SW 34th Street (on the east and west side of the creek) will be temporarily closed to through traffic in order to facilitate removal of the existing culverts and installation of the new box culvert. The temporary road closure will shorten construction time by approximately three weeks, resulting in fewer impacts to neighboring businesses and traffic, as well as reducing construction costs. Local access to businesses on both sides of SW 34th Street will be maintained at all times. The closure will remain in effect 24 hours a day from June 16th to September 30th. Questions or concerns may be directed to Allen Quynn, Project Manager, at 425-430-7247. eit(4)0, b/il/ ooi &iiM /k'i (ire itirtezei Maple Ridge Estates Property Owners 46m/74,0 /10 Interest in Annexation to the City of Renton A. Of the property owners who were reached over this past week, what percentage of the assessed valuation of the property owned by those reached is represented by property owners who signed a petition or sent an email expressing their interest in being annexed to the City of Renton? 83% B. Of the total assessed valuation of Maple Ridge Estates, what percentage is represented by those responding by either signing a petition or sending an email expressing their interest in being annexed to the City of Renton? 55% MRE Data: # of properties: 157 # of property owners reached: 101 # of property owners unreached: 56 # signing petition or sending email: 85 For Renton City Council Meeting 6/11/07 CITY OF RENTON COUNCIL AGENDA BILL AI#: L ,y Submitting Data: For Agenda of: June 11, 2007 Dept/Div/Board.. Administrative, Legal & Judicial Services Staff Contact Marty Wine, Asst. CAO (x6526) Agenda Status Consent X Subject: Public Hearing.. Renton and King County Library System Interlocal Correspondence.. Agreement for Library Capital Asset Transfer in the Ordinance event of annexations Resolution X Old Business Exhibits: New Business Interlocal agreement Study Sessions Resolution Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: ilitre Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The City of Renton and King County Library System have jointly discussed the disposition of libraries in the event of annexation. Both governments have a goal of allowing residents in annexed areas to retain their past, current and future investment in library services. The City wishes to have access to resources to provide appropriate library services to citizens who become part of Renton, and the citizens of the King County Library System should not be expected to provide a subsidy to those who are no longer part of the district after annexation. Using these principles, an interlocal agreement has been reached governing the transfer of assets in the event of annexations. The intention of the agreement is that if West Hill or Fairwood/Benson annexes before 2015, there would be a transfer of assets from the Library System to the City of Renton that would represent the current investment in libraries that residents in annexed areas have made to date, plus the future investment in libraries that the residents in annexed areas have made to date. In addition, KCLS will sell to the City of Renton the library buildings and property located in the annexed area at fair market value, based on appraisal. The amount of payment is based on the pro rata share of the total principal amount of bonded indebtedness that was approved by voters in 2004, plus the pro rata share of the net book value of the total capital assets of KCLS. As calculated today, the net payment (bond proceeds plus capital assets less property sale) to Renton if both areas annexed would total $3.2 million. STAFF RECOMMENDATION: Authorize the Mayor to sign and execute an interlocal agreement with the King County Library System regarding transfer of assets in the event of certain annexations. Rentonnet/agnbill/ bh soar AGREEMENT REGARDING DISPOSITION OF LIBRARY CAPITAL ASSETS IN THE EVENT OF CERTAIN ANNEXATIONS This AGREEMENT REGARDING THE DISPOSITION OF LIBRARY CAPITAL ASSETS IN THE EVENT OF CERTAIN ANNEXATIONS (this "Agreement"), dated as of , 2007, is made by and between the KING COUNTY RURAL LIBRARY DISTRICT, doing business as the King County Library System ("KCLS"), a Washington rural county library district, and the CITY OF RENTON (the "City"), a Washington code city. RECITALS WHEREAS, KCLS provides library services to the citizens of unincorporated King County, Washington (the "County"), and those cities and towns within King County that have chosen to annex into KCLS; and WHEREAS, the City, located within the County, has not annexed into KCLS, but provides library services to its citizens; and WHEREAS, the City has identified the unincorporated Fairwood Potential Annexation Area and the West Hill Potential Annexation Area, each as identified in Exhibit A hereto, as `or areas all or portions of which might be annexed into the City, subject to the approval of the registered voters in those areas, respectively, as provided by law; and WHEREAS, any such successful annexation by the City would have the effect of removing the annexed area from the jurisdiction of KCLS, and increasing the area and population served by the City's libraries; and WHEREAS, KCLS and the City now desire to memorialize their agreements regarding the transfer of library capital assets in the event of any such annexation in order to maintain the past, present and future library capital investments by the citizens of the affected areas in a manner that will ensure their continued access to appropriate library services; NOW, THEREFORE, in consideration of their mutual agreements set forth herein, KCLS and the City hereby agree as follows: 1. Transfer of Assets. In the event of any successful annexation of any portion of the Fairwood or West Hill Potential Annexation Areas by the City, the following shall occur: (a) KCLS shall pay to the City an amount equal to the sum of: (i) The annexed area's pro rata share (equal to the assessed value of the property located within the annexed area divided by the total assessed value of all r property located within KCLS, each determined as of the effective date of such 1 annexation) of$172,000,000 (which is the total principal amount of KCLS unlimited tax general obligation bonds that were approved by the voters within KCLS in 2004 [the "2004 Bonds"]). KCLS and the City intend and agree that this amount represents the future investment in libraries that the citizens in the annexed areas have agreed to make to date. and (ii) The annexed area's pro rata share (equal to the assessed value of the property located within the annexed area divided by the total assessed value of all property located within KCLS, each determined as of the effective date of such annexation) of the net book value of the total capital assets of KCLS, adjusted to eliminate any increases in such net book value resulting from capital improvements already financed by the 2004 Bonds (such amounts to be based on the most recent audited financial statements of KCLS available on the effective date of such annexation). KCLS and the City intend and agree that this amount represents the current investment in libraries that the citizens in the annexed areas have made to date. (b) KCLS shall sell all KCLS library buildings located within the annexed area and the real property on which they are located to the City, and the City shall purchase such library buildings and real property from KCLS, at a purchase price equal to the fair market value thereof, as determined by a written appraisal made by an appraiser who is a Member of the Appraisal Institute ("MAI")jointly selected by KCLS and the City. kftiO 2. Timing of Payments and Transfers. (a) Subject to the provisions of Section 2(b) of this Agreement, the amount due from KCLS to the City, as described in Section 1(a) of this Agreement, shall be due and payable, as follows, at the option of KCLS: (i) In a single payment due on the June 1 or December 1, whichever comes first, that is at least six months following the effective date of such annexation; or (ii) In four, equal, semiannual installments, together with interest thereon, at the net monthly rate paid by the King County Investment Pool, on the unpaid balance from the date of the initial installment (computed on the basis of a 360-day year comprised of twelve 30-day months), on June 1 and December 1 of each year, commencing with the June 1 or December 1, whichever comes first, that is at least six months following the effective date of such annexation, as applicable. (b) The transfer of library buildings and real property from KCLS to the City, and the payment of the purchase price therefor by the City, shall occur on a date mutually agreeable to the parties but no later than the June 1 or December 1, whichever comes first, that is at least six months following the effective date of such annexation. Such purchase price shall be credited against the amount to be paid by KCLS to the City pursuant to Section 1(a) hereof. If such purchase price is less than the amount to be paid by KCLS to the City, then KCLS shall only be *100 2 obligated to pay the difference at the times described in Section 2(a) of this Agreement. If such Now. purchase price is greater than the amount to be paid by KCLS to the City, then the City shall only be obligated to pay the difference at the time of transfer described in this Section 2(b). 3. Dispute Resolution. If a dispute arises between KCLS and the City concerning the performance of any provision of this Agreement or the interpretation thereof, and KCLS and the City are unable to resolve their differences through informal discussions, the parties will endeavor to settle the dispute by mediation under such mediation rules as shall be agreeable to the parties. Such mediation will be non-binding but a condition precedent to having the dispute resolved pursuant to litigation. In the event any action is brought to enforce any provision of this Agreement, the parties agree to be subject to exclusive jurisdiction in the King County Superior Court, and agree that in any such action venue shall lie exclusively in King County. 4. Duration of Agreement. This Agreement shall become effective on the date first written above and, if one or more of the contemplated annexations are approved by the voters of the affected area(s) by December 31, 2015, shall remain in full force and effect until the date of payment of the last amount due to be paid hereunder; provided, that, notwithstanding the foregoing: (a) If no such annexation is approved by the voters of the affected area(s) by December 31, 2015, then this Agreement shall terminate, and shall be of no further force and effect after that date; and (b) If the City chooses to annex into KCLS, then this Agreement shall terminate, and shall be of no further force and effect after the effective date of the City ordinance or resolution approving such annexation into KCLS. In such case, the City shall forfeit the right to any future installment payments not already paid by KCLS as of the date of termination. 5. Relationship of the Parties. The parties to this Agreement are independent and nothing in this Agreement is intended to create a partnership,joint venture or other mutual undertaking between the parties. 6. No Assignment. The terms, covenants and conditions set forth in this Agreement shall be deemed personal to the parties hereto and may not be assigned or transferred to any other person. 7. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto, and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein. 8. Severability. In the event any part of this Agreement is declared void or invalid, the remaining portions of this Agreement shall not be affected, but shall remain in full force and low effect. 3 *11110 9. Modification. The obligations of the parties to this Agreement may not be modified, amended or waived except by written agreement executed by both parties. 10. Notices. All notices, demands or other communications required or permitted to be given pursuant to the provisions of this Agreement shall be in writing and shall be considered as properly given if delivered personally or sent by United States Postal Service first class or overnight express mail or by overnight commercial courier service, postage and other charges prepaid. Notices so sent shall be effective three days after mailing, if mailed by first class mail, and otherwise upon receipt at the address set forth below;provided, however, that non-receipt of any communication as the result of any change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication, if addressed as follows, or as later designated in writing: Director Chief Administrative Officer King County Rural Library District City of Renton 900 Newport Way NW 1055 S. Grady Way Issaquah, Washington 98027 Renton, Washington 98057 11. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute 40110 but one and the same contract. 12. Entire Agreement. The parties hereto agree that this Agreement constitutes the only agreement between them with respect to the disposition of library capital assets in the event of annexation of all or portions of the Fairwood and West Hill Potential Annexation Areas by the City, and that no oral representations or no prior written matter extrinsic to this instrument shall have any force or effect. 4 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and date first written above. CITY OF RENTON KING COUNTY RURAL LIBRARY DISTRICT By: By: Kathy Keolker William H. Ptacek Mayor Director APPROVED AS TO FORM: By: Lawrence J. Warren, City Attorney ATTEST: By: Bonnie Walton, City Clerk 5 CITY OF RENTON, WASHINGTON 110 RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT REGARDING DISPOSITION OF LIBRARY CAPITAL ASSETS FROM THE KING COUNTY RURAL LIBRARY DISTRICT TO THE CITY OF RENTON IN THE EVENT OF CERTAIN ANNEXATIONS. WHEREAS, the King County Rural Library District (KCLS) provides library services to the citizens of unincorporated King County and those cities and towns within King County that have chosen to annex into KCLS, and WHEREAS, the City has not annexed into KCLS, and WHEREAS, the City has identified the unincorporated Fairwood potential annexation area and the West Hill potential annexation area as areas, all or a portion of which, night be annexed into the City, subject to the approval of the registered voters in those areas, respectively, as provided by law, and WHEREAS, any such successful annexation by the City would have the effect of removing the annexed areas from the jurisdiction of KCLS, and increasing the area and population served by the City's libraries, and WHEREAS, KCLS and the City now desire to memorialize their agreements regarding the transfer of library capital assets in the event of any such annexation in order to maintain the past, present and future librqary capitqal investments by the citizens of the affected area in a manner that will insure their continued access to appropriate library services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal '°rrr cooperative agreement with KCLS entitled Agreement Regarding Disposition of Library Capital Assets in the Event of Certain Annexations. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1273:06/04/07:ch • 2 r CITY OF RENTON COUNCIL AGENDA BILL AI#: c-i 2R 4 e 11110' Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk June 11, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. CRT-07-004; Court Case Correspondence.. Wendall Woodall as Assignee of Edmonds Plat, LLC Ordinance vs. City of Renton Resolution Old Business Exhibits: New Business Summons and Complaint Study Sessions Information Recommended Action: Approvals: Refer to City Attorney and Insurance Services Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Summons and Complaint for Damages filed in King County Superior Court by Wendall Woodall as Assignee of Edmonds Plat, LLC, represented by Nathan James Neiman, 2018 156th Ave. NE, Bellevue, 98007, seeking damages allegedly due to the City's negligence in failing to notify Edmonds Plat of the fire suppression system requirement prior to construction of residence at 1758 Newport Ave., which resulted in demolition and construction in order to retrofit the residence with a sprinkler system. y f , • l Nitre2 4 CITY OF RENTONMAY �' r~/(NO . 1 N 6 ?r70I 7 MAY 3 1 2007 �U�Cg'ePAarm" 9 CITY CRECD LE EII'S OFFICE C A�M'N/S.-. . 10 Via CIBC Legal Service Q� 11 12 IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON 13 IN AND FOR THE COUNTY OF KING 14 15 . ai2 ® 15839 ly: 166 WENDALL WOODALL as Assignee of ) Case No.: e� 17 18 EDMONDS PLAT, LLC, a Washington ) 19 limited liability company; ) SUMMONS (20 DAYS) 20 ) 21 Plaintiff, ) 22 vs. ) 23 ) LC • l'.ayor 24 CITY OF RENTON, a Washington ) 4(4-isiw 25 municipal corporation, ) 26 27 Defendant.28 ) 29 ) > J 30 31 32 TO: The Defendant Above-Named 33 34 A lawsuit has been started against you in the above entitled court by the above-name 35 36 Plaintiff. Plaintiffs claims are stated in the written complaint, a copy of which is served upoi 37 38 you with this summons. 39 40 In order to defend against this lawsuit, you must respond to the complaint by stating you 41 42 43 defense in writing, and by serving a copy upon the person signing this summons within 20 day 44 45 after the service of this summons. excluding the day of service, or a default judgment may b- 46 47 entered against you without notice. A default judgment is one where Plaintiff is entitled to wha 48 t9 50 SUMMONS (20 DAYS) - C.0 FT/ / LAW OFFICES �� NATHAN JAMES NEIMAN 2018—156th Avenue Northeast Bellevue, Washington 98007 I it asks for because you have not responded. If you serve a notice of appearance on the .4140 2 3 undersigned person, you are entitled to notice before a default judgment may be entered. 4 5 You may demand that the Plaintiff file this lawsuit with the court. If you do so, the 6 7 8 demand must be in writing and must be served upon the person signing this summons. Within 1 9 10 days after you serve the demand, the Plaintiff must file this lawsuit with the court, or the servic: 11 12 on you of this summons and complaint will be void. 13 14 If you wish to seek the advice of an attorney in this matter, you should do so promptly s 15 16 that your written response, if any, may be served on time. 17 18 This summons is issued pursuant to rule 4 of the Civil Rules. 19 20 21 22 r' 23 DATED this ('t day of May, 2007. 24 25 The Law Office of Nathan J. Neiman ‘osti . 26 27 -- 28 29 �.,�y 14 3 /4-1$4.30 fo(1- . Nathan James Neiman, WSBA #8165 31 Attorney for Plaintiff 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SUMMONS (20 DAYS) -2 LAW OFFICES NATHAN JAMES NEIMAN 2018—156`b Avenue Northeast Bellevue, Washington 98007 I KING C'nl ►R►Tv 1nmsf11NGTor; 2 MAY 15 ZOU/ 3 4 KNT DEPARTMENT OF JUDlCIAL ADlUIlNlSTRATION 5 6 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 7 IN AND FOR THE COUNTY OF KING 8 WENDALL WOODALL as Assignee of 9 EDMONDS PLAT, LLC, a Washington limited liability company, No.: MO 10 07 2 " Y 5839 - 1 Plaintiff, COMPLAINT FOR DAMAGES 11 vs. 12 CITY OF RENTON, a Washington 13 municipal corporation, 14 Defendant. 15 16 I. PARTIES, JURISDICTION AND VENUE 17 1.1 Plaintiff, Edmonds Plat, LLC, (hereafter "Edmonds Plat") is a Washington limited 18 liability company organized and existing under the laws of the State of Washington and has 19 fulfilled all conditions precedent to the maintenance of this action. It has assigned all rights, 20 title and interest in this cause of action to, Wendall Woodall. 21 1.2 Defendant City of Renton (hereafter the "City") is a public corporation and political 22 subdivision existing under the laws of the State of Washington. 23 1.3 This Court has jurisdiction over the subject matter of, and the parties to, this lawsuit. 24 err 25 COMPLAINT FOR DAMAGES ^ LAW OFFICES ,r-, \/ NATHAN JAMES NEIMAN 0 ! '~ T 2018-156`h Avenue Northeast Bellevue, Washington 98007 PHONE(425)881-3680•FAX(425)881-1457 • 1.4 Venue is proper in King County in that the property at issue is located in King 1 County, Washington, the acts complained of occurred in King County, Washington and the 2 the defendant City is located within King County, Washington.. 3 1.5 The amount in controversy exceeds three hundred dollars in accordance with RCW 4 2.08.010. 5 1.6 More than sixty (60) days have elapsed between the filing of the claim by Edmonds 6 Plat and the initiation of this action as required by RCW 4.96.020 (4). 7 8 II. FACTS 9 2.1 In 2006, Edmonds Plat constructed a new single family residence at 1758 Newport 10 Avenue in the City of Renton, Washington. 11 2.2 Edmonds Plat followed the proper procedures for obtaining permits, inspections, 12 etc. in connection with the construction of the residence. °' ' 13 2.3 Following the completion of construction, and on the day of the final inspection of 14 the residence for issuance of a Certificate of Occupancy, the City notified Edmonds Plat, for 15 the first time that the installation of a fire suppression system ("sprinkler system") was 16 17 required. 18 2.4 The requirement of a sprinkler system had not been included on the plans originally 19 stamped and approved by the City. 20 2.5 The sprinkler system requirement was omitted from the project's Permit 21 Conditions, the project's Inspection Record and the project's Residential Compliance 22 Checklist, all of which were prepared and issued by the City. 23 2.6 Representatives of the City have admitted that the omission of the sprinkler 24 requirement from any of the City's approval or inspection functions was due to the fact that 1604 25 COMPLAINT FOR DAMAGES - 2 LAW OFFICES NATHAN JAMES NEIMAN 2018-1561h Avenue Northeast Bellevue, Washington 98007 PI-fnT.IT /.1151 221-IF4n.IAV(1')G\441 1.1C 1 %my the City's Fire Department was inexplicably excluded from the City's plan review process. 1 2 2.7 The City's last-minute insistence upon the addition of a sprinkler system prior to 3 issuance of a Certificate of Occupancy prevented the scheduled closing of the sale of the 4 residence and the buyer's scheduled move-in and forced Edmonds Plat to perform 5 substantial demolition and construction in order to retrofit the residence with a sprinkler 6 system in compliance with the City's after-the-fact requirement. 7 - 2.8 Edmonds Plat filed a Claim for Damages with the City on September 25, 2006. 8 III. CAUSE OF ACTION: NEGLIGENCE 9 10 3.1 Edmonds Plat realleges paragraphs 1.1 through 2.7 above. 11 3.2 The City owed Edmonds Plat a duty to properly administer the construction 12 permitting and inspection for the construction of the residence in a professional and 13 competent manner. 14 3.3 The City breached its duty of care owed to Edmonds Plat by failing to include the 15 City's Fire Department in its plan review process and by failing to require the installation of 16 a fire suppression system until after the residence was completely finished. 17 3.4 As a direct and proximate result of the City's negligence, Edmonds Plat has been 18 19 damaged in an amount to be proven at trial. 20 IV. PRAYER FOR RELIEF 21 22 WHEREFORE having stated its complaint against the City of Renton, Wendall Woodall, 23 as Assignee of Edmonds Plat prays for the following relief: 24 1. For damages resulting from the City's negligence in an amount to be determined at Noe 25 trial; COMPLAINT FOR DAMAGES - 3 LAW OFFICES NATHAN JAMES NEIMAN 2018-156th Avenue Northeast Bellevue, Washington 98007 PHONE (125)881-3680•FAX(425)881-1457 • y 2. For an award of reasonable attorney fees and litigation expenses as permitted by 1 2 statute, case authority or equitable doctrine. 3 3. For leave to amend or supplement this complaint to conform with evidence obtained 4 through discovery or presented at trial. 5 4. For such other and further relief as the Court deems equitable, appropriate or just 6 under the circumstances. 7 DATED this G day of April, 2007. 8 LAW OFFICES OF 9 NATHAN JAMES NEIMAN 10 NATHAN JAMES NEIMAN,WSBA #8165 12 ATTORNEY FOR PLAINTIFF WENDALL WOODALL AS ASSIGNEE OF EDMONDS PLAT, LLC 13 14 Certification 15 I, Wendall Woodall, have read the within and foregoing Complaint. I am personally 16 familiar with the facts stated therein and declare the same to be true upon my best 17 knowledge and belief. 18 19 DATED this 2)7/day of April, 2007. 20 214( / WETALL OODALL 22 23 24 *1110 25 COMPLAINT FOR DAMAGES - 4 LAW OFFICES NATHAN JAMES NEIMAN 2018-156th Avenue Northeast Bellevue, Washington 98007 PHONE.(425)881-3680•FAX(425)881-1457 ty CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: June 11, 2007 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance White Meadow Short Plat (LUA06-159). Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for right-of-way is a strip of land 5' x 88', approximately 443 sq.ft, fronting the White Meadow Short Plat on Meadow Avenue North. This dedication is to comply with City of Renton code for new short plats and the White Meadow Short Plat (LUA06-159). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. l:\PlanReview\COLSON\Shortplats 2007\White Meadow SHPL 04m AGNBILL.doc 'Nott Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 , DEED OF DEDICATION Property Tax Parcel Number: 3 311 2.7 G 4 S S to Project File#: {_U A -06,- 1$5' Street Intersection: N7 q D OVii AAI ,y Reference Nuraber(s)of Documents assigned or relqased:Additional reference numbers are on page _ Grantor(s): Grantee(s): 1. R No+V W,4z/7`E 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated orfull legal must go here_ Additional legal on page ) THE WEST FIVE FEET OF THE WEST 236 FEET OF LOT 111,C.D. HILLMANS GARDEN OF EDEN NO 2 AS RECORDED IN VOLUME., 11 OF PLATS,PAGE 64,RECORDS OF KING COUNTY,WASHINGTON. EXCEPT ANY PORTION THEREOF LYING WITHIN SECONDARY STATE HIGHWAY NO.2-A. ALSO LESS THE SOUTH 10 FEET THEROF. Norm The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Anoroved and Accented Bv: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: itforrnsixxxFRM/AGRBE/FORM DEED_DOC\CoR Page 1 FORM 04 0001/bh 14100 Project. Exhibit A WO# Legal Description GRANTOR: Street: THE WEST FIVE FEET OF THE WEST 236 FEET OF LOT 111, C.D. HILLMANS GARDEN OF EDEN NO 2 AS RECORDED IN VOLUME, 11 OF PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT ANY PORTION THEREOF LYING WITHIN SECONDARY STA 1E HIGHWAY NO. 2-A. ALSO LESS THE SOUTH 10 FEET THEROF. Hforms/xxxFRM/AGREE/FORM DEED.DOG\CoR Page 2 FORM 04 0001lbh __ 1Map Exhibirt \ I A J • _ isi i -' x' acS 88°32"30"W —Fli;&1,1 W 4017i ST. +i !:J \ iE vrfi 21 !! i II01 fiofial site: t5,11-7 s.t: 0.35 miss_ NORTH 1"=50' _ S 88'33'18"E 17.577' 9' '3 P N_86'10'21"4Y 19" '26 ' s 43.97' 46.61' �I 500' RDW 5 8 '2S"l� 58.77' 22.24. 1,s z 40 o °a F0 m40 4. of `� ;.i. _ t S.2A4 s.f; o �4r 1 Q 0.t4-acres 8,908 xt iti +7 N 1 3 O.,ZQ 4 crgs_ k 4 ; 9 Ky I ' 1's�.tc to• -e- 1 o In i 20.00 z r S 88°.31'24"E 167_10' 1 L.-1 S 04°37'17" W 7.30' L-2-N 85°13'43"-W 5.01"- 1 Lot areas Include ROW to be dedicated l4 38771 {. -- --4 They will be recomputed before filing That-portion of L-ot 1 -of Renton- ii.A 5.=89 tying-North of the- exlst.. fence Fine fs-beim_acqules©sit to 'hp_ OM-Ping p�cpe K owner. See document filed under A.F. f for additional details HConnsr RM/AGRFFORM DEED.DOC\CoR Page 3 FORM 04 0001/1)11 NAN'S LAKE IRDED IN VOLUME 11 LOT RESOLUTION: INTY, WASHINGTON. The monuments sot on the centrrilne of N. 38th Street and Meadow Ave. N. ore In disagreement with the old fences, rookeries and other lines of occupation In this arra. IlN SECONDARY STATE This survey hos accepted the existing fences than define the north and south linos of the parcels In this area. The south line of this survey Is In agreement with an existing fence. N AS SHOWN 4 WHICH SHOWS DECLARATION OF COVENANT: The mows..Mn ler'.n.M. ...d WOW MIM Shoe RA Mt maven lin NW IftwIll lo seen..hew,Mb w,►/AAen.M MP*e Mere ', CASED MON. AT ..rweld in epee to neon the bes.fl.gl Wseslo In MI. IwoAVE. NORTH o.'.reMows oes ew MY obi".n+.►f no""and es Moro pardoners M the MrHr er M ear raberMoar hereof. 0*eeo near Mee nen Nth the hole ee.hoes M We sherd net. Said Declaration of Restrictive Covenants is Recorded under King County Recording Number: VICINITY SKETCH © N.T.S. N 40th St. �_ vim' 0 2 Site ° l N. 36th St. '4. /\ C4/i phi 3•, c a 4/ ,o "'CM' / 3° v..,1c ` CY of wits "A . qty o N, 32nd StRENTON cA 11 v 98056 z r I I i •1/4444t21520 i N. 30th St. i I[IISD 5 �`► rt11A••••••.�ee iii 21, I,\ I ttual survey, of the section, i pity thereon ed on the ground evlous surveys MICHAEL MOWRER k ASSOCIATES WHITE'S MEADOW SHORT FLAT Halved in PROFESSIONAL SURVEYING SERVICES 7+: /(--/-1,2,--2(' 17424 Mallard Cove Ln. Mt. Vernon, WA. 98274 Scale: 1"=30' Date: pea, 2008 Job i fowrsr PLS NO. 21,520 (350) 422-6097 Checked: MTM Drawn by: mike Page a Cry �' REPORT City of Renton Department of Planning/Building/Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: January 18, 2007 Project Name White Meadow Short Plat Owner/Applicant: Rhon White, 4122 58th Place SW A, Seattle, WA 98116 Contact: Jim Hanson, Hanson Consulting, 17446 Mallard Cove Lane, Mt. Vernon, WA 9 File Number LUA-06-159, SHPL-A Project Manager Jill K. Ding, Senior 8274 Planner Project Description The applicant is requesting Administrative Short Plat approval for the subdivision of an existing 14,656 square foot parcel into two lots. The project site is located within the Residential - 8 (R-8) dwelling unit per acre zoning designation. An existing residence is proposed to be removed. Proposed Lot 1 would be 6,209 square feet in area and proposed Lot 2 would be 8,908 square feet in area. Access to the lots would be provided via residential driveways off of Meadow Avenue N. Project Location 3902 Meadow Avenue N <4":" ,:::-.,-.,,,,'0 :;z„ tt 4 SITE -,• '','Mr• w.,,,. r E � "4 $ A P f +Y'isi. fit} � E' 4 '.':.t.'-?''. *7k..rj':r''' VialottirT'''- ' . .-111n1111 FIRA Sir 4. 1,�.^�•. t ',� ,p WA.'„,„ t \till IN 4 it ,^41 ' , , ' ', 71164.:'-'• , .. lia Vis: & 4WO to Project Location Map Adm,nRPT WhrteMeadowShortPlaf doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007;PROJECT LUA-06-159,SHPL-A Page 2 1111110 B. GENERAL INFORMATION: 1. Owners of Record: Rhon White 4122 58«'Place SW A, Seattle, WA 98116 2. Zoning Designation: Residential—8 du/ac(R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family(RSF) 4. Existing Site Use: Existing single family residence to be removed 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) East: Interstate-405 South: Single Family Residential (R-8 zone) West: Single Family Residential (R-8 zone) 6. Access: Via residential driveways onto Meadow Avenue N 7. Site Area: 14,656 square feet/0.34 acres C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5099 11/01/2004 Zoning N/A 5100 11/01/2004 Annexation N/A 2531 12/22/1969 D. PUBLIC SERVICES: 1. Utilities Water: There is an existing 12-inch water main in Meadow Avenue N that can deliver a flow rate of 2,800 gallons per minute (gpm). The static water pressure is about 85 psi at street elevation (see City water drawing no. W-0456). The proposed project is located outside the Aquifer Protection Area. Pressure zone is 320. Sewer: There is an existing 8-inch sewer main in Meadow Avenue N. Surface Water/Storm Water: A storm drainage narrative was provided. The applicant is proposing to install infiltration trenches to accommodate the roof downspouts. The development falls below the threshold required for detention and water quality. 2. Streets: There are no sidewalk, curb, and gutter fronting the site in Meadow Avenue N. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards AdminRPT WhifeMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007;PROJECT LUA-06-159,SHPL-A Page 3 Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Single Family 2. Community Design Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant, Rhon White, is proposing to subdivide a 0.34-acre (14,656 square foot) parcel zoned Residential —8 dwelling units per acre (R-8) into two lots. The property is located east of Meadow Avenue N and south of N 40th Street. An existing single family residence is proposed to be removed. The required front yard setback is 15 feet for the primary structure and 20 feet for an attached garage. The required rear yard setback is 20 feet. Proposed lot sizes are: Lot 1 at 6,209 sq. ft. and Lot 2 at 7,108 sq. ft. The proposal for two new lots would arrive at a density of 5.9 dwelling units per net acre (du/ac). The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre and the proposed density is within the permitted density range. Access to the proposed lots would be provided via residential driveways off of Meadow Avenue N. The topography of the subject is flat. Of the currently existing 14 trees onsite 12 are proposed to remain. 2. Environmental Review ‘vilor Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. Lands in the RSF designation are intended to be used for quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve the quality of single-family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family neighborhoods. The proposed project for two lots would arrive at a net density of 5.9 dwelling units per net acre, which is within the density range permitted. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 AdminRPT WhiteMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007;PROJECT LUA-06-159,SHPL-A Page 4 square feet on parcels greater than one acre to create an incentive for aggregation of land. iw minimum lot size is not intended to set the standard for density in the designation, but to provide- flexibility rovi ede flexibility in subdivision/plat design and facilitate development within the allowed density range. All of the proposed lots equal or exceed the minimum lot size of 5,000 square feet. Policy LU-152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. The proposed new lots would meet the required lot size, width, and setbacks to create sufficient front, rear, and side yard areas. Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. The proposed lots are rectangular in shape; each lot would be oriented such that all of the lots would have access to a public right-of-way. Approval of this application would not decrease the quality of life for residents in the immediate vicinity. Policy CD-12. Infill development, defined as new short plats of nine or fewer lots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. The proposed short plat would subdivide an existing parcel into two lots. New residences would be constructed on both of the proposed lots, updating the housing stock in the existing neighborhood. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of two new singly family dwelling units. An existing residence is proposed to be removed. The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dwelling units per acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. There are no areas required to be deducted for the purposes of calculating density, the proposal for two lots arrives at a net density of 5.9 dwelling units per acre, which is within the permitted density range for the R-8 zone. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size. The lot coverage for the new lots would be verified at the time of building permit review. The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage, side yard is 5 feet, side yard along a street is 15 feet for the primary structure and 20 feet for an attached garage and the rear yard is 20 feet. Based on the proposed subdivision, the proposed lots would have their front yards facing to the west towards Meadow Avenue N. The setbacks for the new lots would be verified at the time of building permit review, however each lot appears to contain adequate area for the construction of single family residences when the setbacks are considered. The parking regulations required that detached or semi-attached dwellings provide at minimum of 2 off-street parking spaces. As proposed, each lot would have adequate area to provide two off- street parking spaces. Compliance with the parking requirements will be verified at the time of building permit review. The R-8 zone permits accessory structures only when associated with a primary structure located on the same parcel. c) Community Assets The entire site is vegetated primarily with grass, ornamental landscaping, and a total of 14 treeswrili The regulations regarding tree protection and retention require that trees on lots being developed be maintained to the maximum extent feasible. They permit the City to require the replacement of trees that would implement the intent of the regulations. The Development Services Director has made a determination that to comply with these requirements, 25 percent of all protected trees AdminRPT WhiteMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007;PROJECT LUA-06-159,SHPL-A Page 5 shall be retained or replaced. Of the 14 existing trees, 12 are proposed to be retained, which results in a retention rate of 86 percent and complies with the tree retention requirements. The City's landscaping regulations require the installation of landscaping within the public right-of- way. The minimum amount of landscaping required for sites abutting a non-arterial public street is 5 feet provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within the public right-of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous)or 6— 8 feet in height (conifer), within the 15-foot front yard setback area for the proposed lots. Existing landscaping may be used to augment the required landscaping. A conceptual landscape plan was submitted with the application. The proposal includes a 5-foot landscape strip along the project's Meadow Avenue N street frontage. The landscape strip is proposed to be vegetated with Nandina domestica 'Fire Power', Cotoneaster dam meri, Viburnum plicatum tom. `Sholshoni', and Pinus mugo pumilio. In addition, two Fraxinus pennsylvanica 'Johnson' would be planted within the front yard area of Lot 1 and two Amelanchier a. x gran `Autumn Brilliance' would be installed within the front yard area of Lot 2. The proposed landscape plan appears to comply with the City's landscape requirements. A detailed landscape plan shall be submitted with the building permit applications. All landscaping shall be installed prior to the issuance of occupancy for the buildings. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. Meadow Avenue N is classified as a Residential Access Street on the City's Arterial Street Map. Now There are no existing frontage improvements along the parcel's Meadow Avenue N street frontage. Meadow Avenue N has a right-of-way width of 40 feet, which is less than the current 50-foot right- of-way width required for Residential Access Streets. Prior to recording the short plat dedication of a minimum of 5 feet along the Meadow Avenue N frontage will be required. Street improvements including, but not limited to paving, sidewalks, curb and gutter, storm drain, landscaping and street signs will be required along Meadow Avenue N. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. One new lot (credit given for the existing residence) is expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 lot = $717.75) and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. Each lot is rectangular in shape with the front yard areas oriented to the west towards Meadow Avenue N. Each of the proposed lots would have direct to a public street (Meadow Avenue N). The minimum lot size in the R-8 zone is 5,000 square feet. Lot area is calculated after the deduction of private access easements and pipestems from the gross lot area. After the deduction of the 1,800 square foot pipestem for Lot 2, the proposed lot sizes are 6,209 square feet for Lot 1, and 7,108 square feet for Lot 2. The proposed lot sizes meet the minimum lot size requirements. The minimum lot width required in the R-8 zone is 50 feet for interior lots. Proposed Lot 1 has a lot width of 68.70 feet and Lot 2 has a lot width of 90.73 feet. The minimum lot depth required in the R-8 zone is 65 feet. Proposed Lot 1 has a lot depth of 90 feet and Lot 2 has a lot depth of 73 feet. The dimensions of the proposed lots meet the minimum width and depth requirements and are compatible with other existing lots in this area under the same R-8 zoning classification. In addition, the lots appear to contain adequate building areas for the construction of suitable single- AdminRPT WhiteMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007;PROJECT LUA-06-159,SHPL-A Page 6 family residences when taking setbacks and lot coverage requirements into consideration. The is requirements will be reviewed at the time of building permit application. e) Reasonableness of Proposed Boundaries Access: Each lot would have access to a public right-of-way(Meadow Avenue N)via single family residential driveways. Topography:The topography of the subject site is flat. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated Residential — 8 Dwelling Units Per Acre (R-8) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. f) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488.00 x 1 new lots =$488.00)and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in 0.44 additional students (0.44 X 1 lot = 0.44) to the local schools. It is anticipated that the Renton School District can accommodate any additional students generated by this proposal. Storm Water: A Drainage Narrative prepared by Hanson Consulting, dated January 8, 2006 h81410 been submitted with the project application. According to the report the existing runoff infiltrates into the soils on-site. The proposed method of surface water runoff control for construction of the new lots would be infiltration. Staff from the City's Plan Review Section reviewed the submitted report and note that this project is exempt from detention and water quality per the 1990 KCSWM. Roof drains shall be tightlined to the storm system whenever feasible. Infiltration is allowed if soils are acceptable. The Surface Water System Development Charges are based on a rate of$759.00 per new single- family lot. Payment of this fee will be required prior to issuance of utility construction permit. Fees may be subject to change January 2007. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. The first order of business shall be installation of a silt fence along the perimeter of the site that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated. This will be required during the construction of both off-site and on-site improvements as well as building construction. Due to the potential for erosion to occur during project construction, staff recommends as a condition of approval that the project be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the current edition of the Stormwater Management Manual. Utilities:There is an existing 12-inch water main in Meadow Avenue N that can deliver a flow rate of 2,800 gallons per minute (gpm). The static water pressure is about 85 psi at street elevation (see City water drawing no. W-0456). The proposed project is located outside the Aquifer Protection Area. Pressure zone is 320. The required fire flow for single-family residences is 1,000 gpm, and a fire hydrant is required to r located within 300 feet of all single-family residences. If the building square footage (includirpgS garage area) exceeds 3,600 square feet in area, the minimum fire flow increases to a minimum of 1,500 gpm and requires 2 hydrants within 300 feet of the structure. Existing and new hydrants will be required to be retrofitted with Storz"quick disconnect"fittings if not existing. AdminRPT WhiteMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007;PROJECT LUA-06-159,SHPL-A Page 7 �, New water service stubs to each lot must be installed prior to recording of the short plat. Water System Development Charges are based on a rate of$1,956 per new single-family lot. Payment of fees is required prior to issuance of utility construction permit. Fees may be subject to change January 2007. There is an existing 8-inch sanitary sewer main in Meadow Avenue N. Short plats shall provide separate side sewers stubs to each building lot prior to the recording of the short plat. No dual side sewers are allowed. Each new lot must be served with an individual side sewer at a minimum slope of 2 percent. Sanitary Sewer System Development Charges are based on a rate of $1,017.00 per new single- family lot. Payment of this fee will be required prior to issuance of utility construction permit. Fees may be subject to change January 2007. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the White Meadow Short Plat, File No. LUA-06-159, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family(RSF) land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the Residential Single Family-8 (R-8)zoning designation, provided all advisory notes and *toe conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single Family(zoned R-8); East: Interstate—405; South: Residential Single Family(zoned R-8); and West: Residential Single Family(zoned R-8). 7. Setbacks: The setbacks for future development on the proposed lots would be evaluated based on the standards applicable to lots along streets existing as of March 1, 1995. The front yard setback of proposed the proposed lots would face to the west towards Meadow Avenue N. An existing residence is proposed to be removed. The setbacks for the new residences would be verified at the time of building permit review. 8. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. 9. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lots. In addition, any existing and new fire hydrants must be fitted with 5" quick disconnect Storz fittings. Conclusions: 1. The subject site is located in the Residential Single Family(RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all Nikr advisory notes and conditions are complied with. 3. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law provided all advisory notes and conditions are complied with. AdminRPT WhiteMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007; PROJECT LUA-06-159,SHPL-A Page 8 4. The proposed two lot short plat complies with the street standards as established by City Coe vio provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The White Meadow Short Plat, File No. LUA-06-159, SHPL-A, is approved subject to the following conditions: 1. Demolition permits shall be issued and all inspections completed for the removal of the existing residence prior to the approval of the final short plat. 2 The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project(estimated at$717.75). The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 3. The applicant shall pay a Fire Mitigation Fee based on a rate of$488.00 per new single-family lot with credit given for the existing residence. The fee for this short plat is estimated at$488.00 (1 new single family lot x $488.00 = $488.00)and shall be paid prior to the recording of the short plat. 6. The project shall be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the current edition of the Stormwater Management Manual. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Arl 370 offer,Gregg A. eP/B/PW Administrator decision date TRANSMITTED this le day of January, 2007 to the Applicant/Owner: Rhon White 4122 58th Place SW A Seattle, WA 98116 TRANSMITTED this 1e day of January, 2007 to the Contact: Jim Hanson Hanson Consulting 17446 Mallard Cove Lane Mt. Vernon, WA 98274 TRANSMITTED this 18'day of January, 2007 to the Parties of Record: No Parties of Record TRANSMITTED this 181h day of January, 2007 to the following: Larry Meckling,Building Official Larry Rude,Fire Marshal Neil Watts,Development Services Director Jennifer Henning,Current Planning Manager Jan Conklin Carrie Olson King County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date I-- decision. -"decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). vied RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the AdminRPT WhiteMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007; PROJECT LUA-06-159,SHPL-A Page 9 Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on February 1, 2007. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two(2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. 3. The minimum amount of landscaping required for sites abutting a non-arterial public street is 5 feet provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within the public right-of-way due to required improvements, the 5- foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. 4. Two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6—8 feet in height (conifer), shall be planted or retained within the 15-foot front yard setback area for the proposed lots. Nov 5. A detailed landscape plan shall be submitted at the time of building permit application. Property Services 1. To be sent under separate cover. Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area (including garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. 2. Street addresses shall be visible from a public street. 3. Fire department access roadways are required to be paved, 20 feet wide. Dead end roadways over 150 feet in length are required to have an approved turnaround. Plan Review—Storm/Surface Water 1. The Surface Water System Development Charges are based on a rate of $759.00 per new single-family lot. Payment of this fee will be required prior to issuance of utility construction permit. Fee may be subject to change January 2007. Plan Review—Sewer 1. Short plats shall provide separate side sewer stubs to each new building lot at a minimum slope of 2%. Side sewers are required be installed prior to the recording of the short plat. No dual side sewers are allowed. Separate permits and fees for side sewers will be required. 2. Sanitary Sewer System Development Charges are based on a rate of $1,017.00 per new single-family lot. Payment of this fee will be required prior to issuance of utility construction permit. Fees may be subject to change January 2007. Plan Review—Water 1. Water System Development Charges are based on a rate of$1,956 per new single-family lot. Payment of fees is required prior to issuance of utility construction permit. Fees may be subject to change January 2007. 2. Water service stubs to each building lot are required to be installed prior to recording of the short plat. Separate permits and fees for water meters will be required. 3. Existing hydrants counted as fire protection will required the installation of a "stortz" quick disconnect fitting if not Now already in place. AdminRPT Whit eMeadowShortPlat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED January 18,2007; PROJECT LUA-06-159,SHPL-A Page 10 Plan Review—Streets/Transportation 1. Dedication of a minimum of 5 feet along Meadow Avenue N will be required. 2. 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D4 - 5 T23N R5E W 1/2 ? 2...„j0 4?0 C4 0 ZONING ———— Renton City Lindtig 1:4800 1R)+ pCAL sERvi 32 T24N R5E W 1/2 .4V.TO 02/16/06 5432 CITY OF RENTON COUNCIL AGENDA BILL AI#: l = as ftwei Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department June 11, 2007 Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Interlocal Joint Purchasing Agreement with Washington Correspondence.. Schools Information Processing Cooperative(WSIPC) Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Interlocal Agreement Information Resolution Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept HR X Fiscal Impact: Expenditure Required. $0 Transfer/Amendment Amount Budgeted: $0 Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Staff presents an Interlocal Agreement between the City of Renton and Washington Schools Information Processing Cooperative (WSIPC). The agreement allows the City to leverage its purchasing resources with WSIPC to provide better purchasing efficiencies. STAFF RECOMMENDATION: Adopt a resolution approving an interlocal agreement with Washington Schools Information Processing Cooperative to allow purchase of voicemail system software and services from Verizon C:\DOCUME-1\BWalton\LOCALS-1\Temp\WSIPC agenda bill.doc • I 0ti`�Y O•e') FINANCE AND INFORMATION SERVICES ® + DEPARTMENT • -Nrro� MEMORANDUM DATE: May 29, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: u Kathy Keolker, Mayor FROM: Michael E. Bailey, FIS Administrat _ STAFF CONTACT: Ronald Hansen, ext. 6873 SUBJECT: WSIPC Interlocal Agreement/Verizon ISSUE Should the City of Renton enter into an Interlocal Agreement with Washington Schools Information Processing Cooperative (WSIPC)? RECOMMENDATION Nior Staff recommends approval of the Interlocal Agreement. BACKGROUND The proposed agreement would allow Information Services to purchase software and services from Verizon using terms from the WSIPC Contract. The City of Renton's current voicemail system is at end-of-life. The current system has begun having reliability issues. System failure may mean loss of City voice mail and menu trees. Verizon, the City's PBX support vendor, will supply Nortel's call pilot replacement voice mail package. The City of Renton does not have an Interlocal Agreement with WSIPC. The attached agreement allows the City of Renton, including its FIS's, Information Services Division to create purchasing efficiencies with WSIPC by extending the contracted price of goods and services between organizations. The terms of the WSIPC contract are considered favorable to the City of Renton. Cc: Jay Covington,CAO Mary Wine,Assistant to the CAO George McBride, Information Services h:\projects\2007\voicemail replacement\wsipc interlocal\wsipc council position paper.doc Interlocal Agreement Between Washington Information Processing Cooperative And the City of Renton This interlocal agreement is hereby entered into by and between the City of Renton, Washington (City) and the Washington School Information Processing Cooperative, Everett, Washington (WSIPC). WITNESSETH: WHEREAS, The Interlocal Cooperative Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for the interlocal cooperation between governmental agencies; and WHEREAS, both parties are required to make certain purchases by formal advertisement and bid process, which is a time consuming and expensive process; and it is in the public interest to cooperate in the combination of bidding requirements to obtain the most favorable bid for each party where it is in their mutual interest; and WHEREAS, the parties wish to utilize each other's contracts when it is in their mutual interest; NOW THEREFOR, the parties agree as follows: '44004 1. Purpose. The purpose of this agreement is to authorize the acquisition of goods and services under contracts where a price is extended by the bidders to other governmental agencies. 2. Scope. This agreement shall allow the following activities: Purchase or acquisition of goods and services by City under contracts made by WSIPC where provision has been provided in such contracts for other agencies to avail themselves of goods and services offered under the contract when agreed to in advance, in writing; 3. Duration of Agreement—Termination. This agreement shall remain in force until canceled by either party by written notice to the other party. 4. Right to Contract Independent Action Preserved. Each party reserves the right to contract independently for the acquisition of goods or services and/or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 5. Compliance with Legal Requirements. Each party accepts responsibility for compliance with federal, state, and local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services. .410 1 6. Financing. The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired. Each party accepts no responsibility for the payment of the acquisition process of any goods or services intended for use by the other party. Each party shall be responsible for the ownership, holding and disposal of property acquired for such party under this Agreement. 7. Filing. Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 8. Interlocal Cooperation Disclosure. Each party may insert in its solicitation for goods any provision disclosing that other authorize governmental agencies may also wish to procure the goods being offered to the party and allowing the bidder the opportunity of extending its bid to those other agencies at the same bid price, terms, and conditions. 9. Non-Delegation/Non-Assignment. Neither party may delegate the perfoiniance of any contractual obligation, hereunder to a third party, unless mutually agreed on in writing. Neither party may assign this agreement without the written consent of the other party. 10. Hold Harmless. Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility for the other party for the consequences of any act or admission of the other party or of any person, firm, or corporation not a party to this agreement. ,,o ,,,. 11. Severability. Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity or reinforcement of such provisions. SIGNED ON , 2007 By: By: Washington School Information Processing City of Renton Cooperative 1055 S. Grady Way 2121 W. Casino Rd. Renton, WA 98057 Everett, WA 98204 By: By: Name, Title Date Kathy Keolker, Mayor Date Attest: Bonnie I. Walton, City Clerk Date Approved as to Form: By: NowLawrence J. Warren, City Attorney Date 2 CITY OF RENTON, WASHINGTON ;fir RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL JOINT PURCHASING AGREEMENT WITH THE WASHINGTON SCHOOL INFORMATION PROCESSING COOPERATIVE IN ORDER TO JOINTLY BID THE ACQUISITION OF GOODS AND SERVICES. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington, provides for interlocal cooperation between government agencies; and WHEREAS, the city of Renton and Washington School Information Processing Cooperative (WSIPC) desire to utilize each other's procurement agreements when it is in their mutual interest; and WHEREAS, it is in the parties' mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance, and to authorize the acquisition of goods and services, and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies; and WHEREAS, this Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other government agencies; and .4401* 1 RESOLUTION NO. WHEREAS, each party reserves the right to contract independently for the acquisition of *111 are goods and services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity; and WHEREAS, under the Agreement, Renton and WSIPC may purchase from either of each others' contracts that were awarded based on a bid; and WHEREAS, it is necessary to document the terms and conditions of the Interlocal Joint Purchasing Agreement between the City and WSIPC; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an Interlocal loirre Joint Purchasing Agreement with the Washington School Information Processing Cooperative. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1275:06/06/07:ch vr.r r CITY OF RENTON COUNCIL AGENDA BILL AI#: ,' d 4,1001 Submitting Data: For Agenda of: June 11, 2007 Dept/Div/Board.. Fire Department Staff Contact Stan Engler, Battalion Chief Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Department of Homeland Security Assistance to Ordinance X Firefighters Grant Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Actions: Approvals: Council concur. Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... $429,420.00 Transfer/Amendment Amount Budgeted $300,000.00 Revenue Generated $429,420.00 Total Project Budget $729,420.00 City Share Total Project.. SUMMARY OF ACTION: The purpose of the Assistance to Firefighters Grant (AFG) program is to provide grant money to enhance our first responders' ability to protect the health and safety of the public, as well as that of the first responder personnel, with respect to fire-related hazards. The combination of grant funds, along with current 2007 budget, will purchase firefighter personal protective equipment (PPE), self-contained breathing apparatus (SCBA), and large diameter hose for fire engines (LDH). The grant funds need to be appropriated, so they can be spent. STAFF RECOMMENDATION: Authorize appropriation and expenditure of the Grant funds, adopt the ordinance, and approve the purchase of MSA (a safety products manufacturer) SCBA from a sole source vendor, SeaWestern Fire Fighting Equipment, in the amount of$375,000. ti`SY O FIRE DEPARTMENT ` ` MEMORANDUM DATE: June 11, 2007 TO: Toni Nelson, Council President Members of the City Council VIA: .-r Kathy Keolker, MayoretAl „)_;fJ FROM: I. David Daniels, Fire Chief STAFF CONTACT: Stan Engler, Battalion Chief SUBJECT: Ordinance Pertaining to the Department of Homeland Security Assistance to Firefighters Grant (AFG) Issue The purpose of the Assistance to Firefighters Grant (AFG) program is to provide grant money to enhance our first responders' ability to protect the health and safety of the public, as well as that of the first responder personnel, with respect to fire-related hazards. The combination of grant funds, along with current 2007 budget, will purchase firefighter personal protective equipment (PPE), self-contained breathing apparatus (SCBA) and large diameter hose (LDH) for fire engines. Background The City of Renton was awarded a grant for$429,420 from the Department of Homeland Security Assistance to Firefighters 2006 Grant (AFG) program. The Fire Department conducted a competitive bid process for the purchase of PPE and LDH. The purchase of SCBA is being conducted as a sole source purchase in compliance with City Policy 250-02, Section 5.14. • The PPE bid was awarded to SeaWestern for $198,360.00. • The LDH bid was awarded to Santiam Emergency Equipment for $80,594.93. • Upon approval, the SCBA sole source purchase will be from SeaWestern for $375,000.00. SeaWestern Fire Fighting Equipment is the exclusive supplier of MSA SCBA equipment for the fire service in Western Washington. The City of Renton Fire Department uses MSA SCBAs based on our current inventory, interoperability with other local fire departments and MSA's compliance with national standards for SCBA. +rrr H:\BC Engler\AFG Grant\07 Issue Paper doe Toni Nelson,Council President Members of the City Council Page 2 of 2 June 11, 2007 RECOMMENDATIONS Staff recommends that the purchase of MSA SCBA from sole source vendor SeaWestern Fire Fighting Equipment be approved. Staff further recommends that the City of Renton Council concur and authorize the Mayor and City Clerk to sign the Ordinance authorizing appropriation and expenditure of the Grant funds. NIS h:\bc engler\afg grant\07 issue paper.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING THE 2007 BUDGET BY USING $429,420.00 FROM THE FUND 000 FUND BALANCE FOR THE PURPOSE OF PURCHASING EQUIPMENT FOR THE RENTON FIRE DEPARTMENT. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Fund is hereby increased as follows: Fund 2007 Original Budget 2007 Adjusted Budget Increase Budget Fire Suppression Machinery and Equipment $300,000.00 $429,420.00 $729 420.00 000.000000.009.5220.0020.64.0000 30 Source of funds: Grant reimbursement to supplement Fund 000 in 2007 Budget SECTION II. Funds for this line item are hereby added to the 2007 Budget and hereby �wrr removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney low Date of Publication: CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: June 11, 2007 Dept/Div/Board.. Fire Department Staff Contact Lawrence Rude, Deputy Fire Chief Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Washington State Military Department and Department Ordinance X of Homeland Security Emergency Management Resolution X Performance Grant (EMPG), Contract#E07-363 Old Business Exhibits: New Business Issue Paper Study Sessions 2007 Emergency Management Performance Grant Information Resolution Ordinance Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other —Risk Management X Fiscal Impact: Expenditure Required... $66,714.00 Transfer/Amendment $0.00 Amount Budgeted $0.00 Revenue Generated $66,714.00 Total Project Budget $393,075.70 City Share Total Project.. SUMMARY OF ACTION: The purpose of the Emergency Management Performance Grant (EMPG) is to assist the development, maintenance and improvement of local emergency management programs. EMPG provides supplemental funding to support the key components of a comprehensive national emergency management system for disasters and emergencies that may result from natural disasters or accidental or man-caused events. The City of Renton has allowed the emergency management programs to progress through the use of the EMPG for the past eight years. This year's EMPG has nearly doubled due to the hiring of an Emergency Management Director to coordinate and manage the Fire Department's emergency management program. Grant funds will be expended during 2007, per requirements of the EMPG. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract #E07- 363 in the amount of$66,714.00, and adopt the ordinance allowing appropriation and expenditure of Grant funds in 2007. Rentonnet/agnbill/ bh ti`SY O FIRE DEPARTMENT ® ♦ MEMORANDUM DATE: June 4, 2007 TO: Toni Nelson, Council President Members of the City Council VIA: jay, , Kathy Keolker, Mayor FROM: -1-(� I. David Daniels, Fire Chief STAFF CONTACT: Lawrence A. Rude, Deputy Fire Chief/Fire Marshal SUBJECT: Washington State Military Department and Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract#E07-363 Issue The purpose of the Emergency Management Performance Grant (EMPG) is to assist the development, maintenance and improvement of local emergency management programs. The EMPG provides supplemental funding to support the key components of a comprehensive national emergency management system for disasters and emergencies that may result from natural disasters or accidental or man-caused events. Background The City of Renton has allowed the emergency management programs to progress through the use of the EMPG for the past eight years. The amount of this year's EMPG has nearly doubled due to the hiring of an Emergency Management Director to coordinate and manage the Fire Department's emergency management program. The funding from this grant has provided the resources allowing the Office of Emergency Management to attend EMI in 2006 with 74 members from the City and our private partners. RECOMMENDATIONS Staff recommends that the City of Renton Council concur and authorize the Mayor and City Clerk to sign and execute the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract #E07-363. It is further recommended that the City of Renton Council authorize the Mayor and City Clerk to sign the Ordinance allowing appropriation and expenditure of Grant funds in 2007. Nose H:\003Safety&Support Services\AgreementsContractsGrants\Grants\Joan\Annual StatcEMPG\07 EMPG Grant\07 Issue Paper.doc Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number City of Renton Emergency Management Division $66,714 E07-363 1055 South Grady Way Renton, WA 98055 4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date: Deborah Needham, (425)430-7000 October 1,2006 December 31, 2007 7. MD Program Manager/phone number: 8. State Business License#: 9. UBI#(state revenue): Rachel Soya (253) 512-7064 NA 177-000-094 10. Funding Authority: Washington State Military Department (Department)and the Department of Homeland Security(DHS) 11. Funding Source Agreement#: 12. Program Index# & OBJ/SUB-OJ 13. CFDA#&Title: 14. TIN or SSN: 2007-EM-E7-0017 77314 NZ 97.042 EMPG 91-6001271 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned,State (BY LEG DIST): 5, 11, 33, 37,41,47 King County Certified?: X N/A CINO (BY CONG DIST): 7, 8, 9 1:1 YES,OMWBE# 18. Contract Classification: 19. Contract Type(check all that apply): O Personal Services 0 Client Services X Public/Local Gov't X Contract ❑ Grant LI Agreement ❑ Collaborative Research 0 NE ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source 0 NE RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑YES LINO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: To provide Department of Homeland Security (DHS) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes that have emergency management programs to support their emergency management operating budget in an effort to enhance their emergency management program. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director Kathy Keolker, Mayor Emergency Management Division for Washington State Military Department City of Renton Emergency Management Division APPROVED AS TO FORM: Spencer W. Daniels (signature on file) 7/20/06 Assistant Attorney General Form 10/27/00 kdb DHS-EMPG-FFY 07 Page 1 of 43 City of Renton EMD E07-363 SPECIAL TERMS AND CONDITIONS ``l''ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single budget category in excess of 10% or$100, whichever is greater, will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed as specified in Attachment A Invoices must be submitted no more frequently than monthly and it is recommended that invoices be submitted t least bi-annually. 4400, Final Invoice 1 No later than 45th day (shall not exceed overall contract amount) following the contract end date All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Due Date Bi-Annual Strategy Implementation Report Electronic January 15, 2007 July 15, 2007 Performance Report Electronic May 31, 2007 Final Report Electronic No later than 45th day following the contract end date NIMS Compliance Progress Reports Electronic April 30, 2007 September 30, 2007 All contract work must end on the contract end date, however the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables. The Bi-Annual Strategy Implementation Report will be submitted via DHS's web-based grant reporting tool located at https://www.reportincr.odp.dhs.qov/. The Performance Report and the Final Report will be submitted via the Military Department's web-based grant management tool located at https://fortress.wa.gov/mil/qms/gms/. 2TICLE III -- KEY PERSONNEL: *414oririe individuals listed below shall be considered key personnel. Any substitution must be notified in writing by the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Deborah Needham, Director Rachel Soya, EMPG Program Manager DHS-EMPG-FFY 07 Page 2 of 43 City of Renton EMD E07-363 ARTICLE IV--ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tri,, ii Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A- 133, Audits of States, Local Governments, and Non-Profit Organizations. ARTICLE V --ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Office of Grants and Training (G&T) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $66,714 of non-federal origin. Said match may be in the form of goods, services, and in-kind services. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2008 (FFY08) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirement- for 2007 must be met. Applicants will be required to certify as part of their FFY08 EMPG applications the they have met the FFY07 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.qov/emergency/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which your jurisdiction is already compliant, as well as identify the NIMS requirements you have not yet met. ARTICLE VI — EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor's equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of th4 six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. DHS-EMPG-FFY 07 Page 3 of 43 City of Renton EMD E07-363 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10. As sub-grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. ARTICLE VII — SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment ,chased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports; • monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence; • review of reimbursement requests to insure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; • on-site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables. As a sub-grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub-contractors, consultants, and sub-grantees who receive pass-through funding from this contract. DHS-EMPG-FFY 07 Page 4 of 43 City of Renton EMD E07-363 Exhibit A Subrecipient Washington Military Department 41100 GENERAL TERMS AND CONDITIONS 1, DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. c. "Recipient and/or Pass-Through Entity" means the Washington State Military Department as it is applied to this contract. d. "Cognizant State Agency" shall mean the state agency from which the subrecipient receives federal financial assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to different state agency by mutual agreement. e. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. f. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or"grants" or"agreements". g. "CFR" —Code of Federal Regulations h. "OMB"— Office of Management and Budget "RCW" - Revised Code of Washington "WAC" - Washington Administrative Code. 2. SUBRECIPIENT MONITORING a. The Washington Military Department (the Department), as a recipient agency, receives federal financial assistance funds for federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and auditing of subrecipient grant activities using federal financial assistance funds. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars, in particular the OMB Circular A-133, subrecipient audits, and other guidance found in the Federal Register. b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is define' as any planned, ongoing, or periodic activity that measures and ensures contractor compliancies'' with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. DHS-EMPG-FFY 07 Page 5 of 43 City of Renton EMD E07-363 Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. c. The Department and the Contractor acknowledge and agree to the following: 1) The Department as the pass-through entity (recipient) shall monitor its subrecipients. If the Department subawards federal funds to a subrecipient, then the Department staff must monitor the subrecipient. 2) Review of the A-133 Single Audit report is a primary monitoring activity used by pass- through entities to ensure compliance. 3) Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. 4) The Department as the pass-through entity (recipient) will conduct on-site visits as appropriate and required by contract for "for-profit" subrecipients, since the A-133 Single Audit does not apply to "for-profit" organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Department that are pertinent to the intent of this contract. b. The Contractor shall maintain books, records, documents, and other evidence and accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the Department, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract for six (6) years from the end date of the grant through which this contract is funded and make them available for inspection by persons authorized under this provision. c. The Department or the State Auditor or any of their representatives and federal officials so authorized by law, rule, regulation, or contract shall have full access to and the right to examine during normal business hours and as often as the Department or the State Auditor may deem necessary, all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this contract. Such rights last for six (6) years from the end date of the grant through which this contract is funded. d. If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select "Grants %'"` Management" followed by "Circulars". DHS-EMPG-FFY 07 Page 6 of 43 City of Renton EMD E07-363 Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Bo(' developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. ; visi 5. ACCESS TO PUBLIC RECORDS a. The parties acknowledge that public records, as defined by RCW 42.56.020, that have been made or received by the Department in connection with the transaction of public business are subject to inspection by the public in accordance with RCW Chapter 42.56 and to the extent applicable WAC Chapter 118-02, except as exempted under RCW 42.56, RCW 43.21F.060(1), or other statutes. b. In compliance with RCW 39.29.080, the Contractor shall provide access to data generated under this contract to the Department and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and methodology for those models. 6. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract, the Department reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. In the event that the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs thereof, including reasonable attorney's fees. 7. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with, and the Department is not responsible folio determining compliance with, any and all applicable federal, state, tribal government, and local laws, regulations, and/or policies. DHS-EMPG-FFY 07 Page 7 of 43 City of Renton EMD E07-363 • This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 vr.r C.F.R. Sec. 52.203-5); Public Disclosure (RCW 42.56); and safety and health regulations. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any law or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law. 8. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 9. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 et seq. also referred to as the "ADA" 28 CFR Part 35 and its implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www.epls.qov. DHS-EMPG-FFY 07 Page 8 of 43 City of Renton EMD E07-363 13. LIMITATION OF AUTHORITY-- "Authorized Signature" Only the assigned Authorized Signature for the Department or the assigned delegate by writi4; (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized person. 14. CONTRACTOR NOT EMPLOYEE The Contractor, and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever. The Contractor will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY Neither this contract, nor any claim arising under this contract, nor the work to be provided under th. aa contract, and any claim arising thereunder, shall be assigned or delegated by either party in whole or it part, without the express prior written consent of the other party. Consent shall not be unreasonably withheld. 16. SUBCONTRACTING All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 18. SEVERABILITY In the event any term or condition of this contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract, which can be given effect without the invalid term, condition, or application. To this end, the terms ane conditions of this contract are declared severable. DHS-EMPG-FFY 07 Page 9 of 43 City of Renton EMD E07-363 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be r.r provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. LEGAL RELATIONS Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by The Adjutant General or his Authorized Department Representative and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 27 TERMINATION OR SUSPENSION FOR CAUSE ' ✓ In the event the Department determines the Contractor has failed to comply with the conditions of this contract in an acceptable and timely manner, the Department has the right to suspend or terminate this contract. The Department shall notify the Contractor in writing of the need to take corrective action. DHS-EMPG-FFY 07 Page 10 of 43 City of Renton EMD E07-363 If the default or violation is not corrected after ten (10) days or within a reasonable timeframe as determined by the Department, the contract shall be deemed terminated. The Department reserves th right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor frci incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the Department to terminate the contract. In the event this contract is terminated as provided above, the Department shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The rights and remedies of the Department provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which The Adjutant General or his Authorized Department Representative makes any determination under this clause shall be an issue that may be reviewed as provided in the "Disputes" clause of this contract. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default, or (2) failure to perform was outside of their control, fault or negligence. The rights and remedies of the Department provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 28. TERMINATION FOR CONVENIENCE a. Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Point of Contact identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. b. Notwithstanding any other provisions of this contract, the Department may, by ten (10) days written notice, beginning on the second day after the mailing of the written notice, terminate this contract, in whole or in part. If this contract is so terminated, the Department shall be liable only for payment required under tl- vio terms of this contract for services rendered or goods delivered prior to the effective date of termination. (Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, and prohibit the Contractor from incurring additional obligations of funds.) 29. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may terminate the contract immediately upon notification to the Contractor under Item 28. "Termination for Convenience, Section b", without the ten (10) day notice requirement. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. 30. TERMINATION PROCEDURE Upon termination of this contract the Department, in addition to any other rights provided in this contract, may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The Department shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by the Department, and the amount agreed upon by the Contractor and the Department for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services which are accepted by the Department, and (iv) the protection and preservation of property, unless the termination is for default, in which case The Adjutant General or his Authorized Department Representative shall determine the extent of the liability of the Department. Failure to agree with such determination shall be a dispute within thea meaning of the "Disputes" clause of this contract. DHS-EMPG-FFY 07 Page 11 of 43 City of Renton EMD E07-363 • The Department may withhold from any amounts due the Contractor such sum as The Adjutant General or his Authorized Department Representative determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Department, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by The Adjutant General or his Authorized Department Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent The Adjutant General or his Authorized Department Representative may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 7/20/06 DHS-EMPG-FFY 07 Page 12 of 43 City of Renton EMD E07-363 Exhibit B Statement of Work FFY 2007 Emergency Management Performance Grant Program ' ' INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives grant monies each year from the Department of Homeland Security (DHS) through the Emergency Management Performance Grant (EMPG). A portion of this grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budget. Each jurisdiction or tribe that applies and meets the qualifications specified in WAC 118-09 is awarded a grant based on the size of their agency's emergency management operating budget. Funds are used by local jurisdictions and tribes to enhance their emergency management capability. The Statement of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY07 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the grant deliverables during the contract performance period. The Budget Sheet outlines the Contractor's emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities. In addition, the Budget Sheet is used to announce the FFY07 EMPG award and serves as documentation for the local match to the federal funds. GENERAL PROGRAM REQUIREMENTS: 1. Prepare and submit a Bi-Annual Strategy Implementation Report (BSIR), via the web-based grant reporting tool (https://www.reportinq.odp.dhs.gov). Failure to meet all of the reporting deadlines outlined in the Milestone and Timeline Schedule will prohibit the Contractor from being reimbursed while reports are outstanding. 2. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract. Performance reports will be submitted using the on-lin,iy electronic Grant Management System (e-GMS) located at https://fortress.wa.gov/mil/gms/gms/. 3. Adhere to all financial and procurement guidance, including competitive processes and other procurement requirements as set forth in the current edition of the Office of Grant Operations Financial Management Guide found at www.dhs.qov/xlibrary/assets/Grants FinancialManaqementGuide.pdf. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to G&T requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' sole source justifications. • Adhere to G&T requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor's sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors' contract. 4. Plan and implement equipment purchases, exercises, training, planning and management/ administration in accordance with the FFY07 Emergency Management Performance Grant Program Guidance, which can be found at http://www.ojp.usdoj.gov/odp/docs/fy2007empq.pdf, as well as all subsequent policy changes. 5. Ensure that all sub-contractors are in compliance with the FFY07 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 6. If purchasing equipment using EMPG funds, the Contractor must meet the following requirements: a. Be in compliance with the G&T Authorized Equipment List (AEL), as detailed at: http://www 1.rkb.m i pt.orq/. DHS-EMPG-FFY 07 Page 13 of 43 City of Renton EMD E07-363 b. Submit all proposed equipment purchases to the Committee on Homeland Security, sub- committee on equipment to ensure that the requested equipment is on the AEL, is aligned with ti,,,,,, the statewide equipment purchasing strategy, and submit to G&T if necessary. No reimbursement for purchased equipment will occur until the appropriate approvals have been obtained. c. Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf. d. Make a request to the Department in writing that authorizes the Department to de-obligate funding from the Contractor's contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor. This will necessitate an amendment to the contract reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor. 7. Exercises that are implemented with grant funds must meet the requirements of the FFY07 Emergency Management Performance Grant. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department within 60 days of completion of the exercise. Final reimbursement for related expenditures can not be made until this requirement has been met. 8. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 9. Submit at maximum monthly requests for reimbursement to the Department for costs incurred using the online e-GMS located at https://fortress.wa.gov/mil/qms/qms/. 10. No costs will be paid in advance of their being incurred by the Contractor. No equipment costs will be reimbursed until the equipment has been received by the Contractor and *okil►` invoiced by the vendor. 12. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http://www.gsa.gov. CONTRACTOR TASKS: 1. Perform activities described in the attached Scope of Work (Attachment A). 2. Manage and administer the FF07 Emergency Management Performance Grant Program. 3. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 4. Complete all work under the contract by the contract end date, to include receipt of approved equipment items. 5. Each request for reimbursement will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that "all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements." THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with G&T where necessary. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement and all ‘44110' documentation of expenditures as required. DHS-EMPG-FFY 07 Page 14 of 43 City of Renton EMD E07-363 MILESTONE TIMELINE FFY07 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2006 Start of contract performance period January 15, 2007 Submission of Bi-annual Strategy Implementation Report (BSIR) to GRT April 2007 Contract Execution April 30, 2007 Submit first NIMS Compliance Report May 31, 2007 Submission of Performance Report to e-GMS July 15, 2007 Submission of Bi-annual Strategy Implementation Report (BSIR) to GRT September 30, 2007 Submit NIMS compliance report December 31, 2007 End of grant performance period No later than February 14, 2008 Submit all final reports, requests for reimbursement and/or deliverables. `wu0 DHS-EMPG-FFY 07 Page 15 of 43 City of Renton EMD E07-363 Exhibit C `ow, Budget Sheet FFY07 Emergency Management Performance Grant Program Contract expenditures shall be documented according to the following categories when appropriate: LOCAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY 2007 Local Funds Budget* Personnel $345,075.70 In-Direct Costs $0.00 Travel $3,000.00 Equipment $34,200.00 Supplies $10,800.00 Telephones $0.00 Printing $0.00 Jaint/Maint $0.00 Auto Lease $0.00 Space Rental $0.00 Insurance $0.00 Subcontractor $0.00 Other $0.00 Total All Program Costs $393,075.70 FFY 07 EMPG Award $66,714.00 The City of Renton Emergency Management Division award is $66,714. This is based on the FFY07 allocation factor of 16.97% of approved local/tribal emergency management operating budgets. This award will not be used to supplant the existing local/tribal funds identified above. The Department's Reimbursement Spreadsheet will accompany each reimbursement request submitted in e-GMS. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. * No federal funds are included in the local emergency management operating budget. ding Source: Department of Homeland Security - Pl# 77314 — EMPG Sae DHS-EMPG-FFY 07 Page 16 of 43 City of Renton EMD E07-363 grosmimmor Renton(City of)Emergency Management Division Scope of Work Attachment A Communications and Warning - Required Activities Activity#1: Participate in all scheduled National Warning System (NAWAS)tests and exercises,whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out. Deliverables:❑ Performance Measures: Deadlines: a. Ensure jurisdiction is a. Success will be measured by the jurisdictions incorporation a.The City of Renton is part of the incorporated into the fan out. ELIDE NAWAS in King County. The City b. Participate in scheduled tests. into the fan out.:' of Renton will review city plan July b. Success will be measured by 2007. the number of tests the jurisdiction participates in on a regular basis. b.The City of Renton will participate in all regular scheduled Activity#2: Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your Local Relay Network(LRN). Deliverables: Performance Measures: Deadlines: a. Participate as scheduled. a. Success will be measured by the number of scheduled tests the The City of Renton will participate jurisdiction participates in. in scheduled tests. Activity#3: Work with EMD to ensure Comprehensive Emergency Management Network(CEMNET) capability is maintained and participate in scheduled testing between the local Emergency Operations Center(EOC) or similar facility and the state EOC. Deliverables:. Performance Measures: Deadlines: a. Communicate regularly with EMD a. Success will be measured by the to retain CMET capability and participate number of tests the jusrisdiction The City of Renton will in testing as scheduled. participates in. communicate with EMD as part of the City of Renton monthly communications chercker-board. *441110 DHS-EMPG-FFY07 17 of 43 City of Renton Emergency Management Division • • Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Communications and Warning - Required Activities Activity#4: Develop and/or update local plans and equipment for use of amateur radio(HAM bands)through the Radio Amateur Civil Emergency Service(RACES) program and as per the state RACES plan. Deliverables: Performance Measures: Deadlines: a. Update local plans and equipment. a. Success will be determined by The City of Renton has an whether the plans are updated at amateur radio group(HAM). They the conclusion of the performance are part of drill, exercises, and period. activations. The city of Renton amateur radio group also conducts monthly meetings. Activity#5: Work with the Local Area Emergency Alert System (EAS) Committee(LAECC)to complete an EAS plan and the LRN per existing guidance from the FCC, FEMA, and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. Deliverables: i-iPerformance Measures: Deadlines: a. Develop/update an EAS Plan. a. Success will be measured by whether the plans are updated at The City of Renton will review the conclusion of the performance local EAS plan by end of 2007 period. grant period. Activity#6: Notify the state EOC immediately upon activation of your local EOC. Provide periodic(at least once per day) Situation Reports (SITREPs). Deliverables: r;Performance Measures: Deadlines: a. Submit a daily Situation Report(SITREP) a. Daily Situation Reports are submitted As required due to an activation. to the State during an activation. to the state EOC during activation of the jurisdiction's EOC. Activity#7: Log-in to the State WebEOC system when notified that the state is activated at the Phase III level. If the activation and/or exercise affect your jurisdiction remain logged-in and share information to improve response to the event. Note: Internet access is the only required capability to complete this activity, purchase of WebEOC is not necessary. Deliverables: ❑Performance Measures: Deadlines: a. Log-in when notified of a Phase III event. a. Successful log-ins for activations and a. As required due to a Phase exercises will be recorded within WebEOC. III activation. DHS-EMPG-FFY07 18 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division a. Conduct regular test of City of Renton Communications Plan. Deliverables: Performance Measures: Deadlines: Test of notification system to include pagers, Monthly test. The City of Renton will cell phones, e-mail, and sat phone. conduct monthly test of Communications PLan. *410 DHS-EMPG-FFY07 19 of 43 City of Renton Emergency Management Division • Renton(City of)Emergency Management Division Monthly Zone 3 and King County Radio Test. Deliverables: Performance Measures: Deadlines: Monthly radio test. The City of Renton will conduct monthly test of On-going monthly test. Zone 3 and King County radio network. DHS-EMPG-FFY07 20 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Crisis Communication, Public Education and Information Program Deliverable-Required Activity Activity: 1. Conduct a public disaster education program for the inhabitants of your community. Deliverables:Li Performance Measures: Deadlines: a. Preparedness presentations and a. Success will be measured by the The City of Renton conducts distribution of preparedness materials number of presentations provided and numerous public disaster education to schools, civic groups, business materials distributed.000C programs including CERT. We will organizations, nursing care facilities, b. Success will be measured through conduct at least two CERT child care facilities, governmental participation in the campaign. academies during the 2007 grant. agencies, hospitals and the general In addition the City of Renton public; conducts training for community groups, schools, neighborhoods, and business as requested. and/or[FL)LI During 2007 Emergency b. Participate in the April Disaster Preparedness will have a focus of Preparedness Campaign. a month long public education program conducted by the Renton Fire Department. IMO DHS-EMPG-FFY07 21 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Crisis Communications, Public Education and Information Program Deliverable Additional Activity Participate in Zone 3 PIO program. Deliverables: Performance Measures: Deadlines: The City of Renton will continue to work with Attendance at meetings,drills, and exercises. On-going `her Zone 3 partners and King County OEM When requested provide a PIO function. ,provide a regional information system. Nor' DHS-EMPG-FFY07 22 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant ,,,iii Direction, Control and Warning Program Deliverable-Required Activity Activity: 1. Be fully compliant with all federal fiscal year 2007 National Incident Management System (NIMS) compliance requirements by September 30,2007. For specifics on the NIMS requirements please contact Jim Kadrmas, State NIMS Coordinator, at nimscoordinator@emd.wa.gov or(253) 512-7027. Deliverables: Performance Measures: Deadlines: a. Report NIMS compliance progress a. Success will be measured through The City of Renton continues to through the state online NIMS reporting reports to the State NIMS Coordinator work towards full nims compliance. tool:April 30, 2007, September 30, 2007 and 100% compliance with the federal The 2006 NIMS requirements were and as determined by the State NIMS requirements. met and the city fully expects to Coordinator. meet the final NIMS requirements. The City of Renton continues to work with community and mutual aid partners to ensure theeir compliance with the requirements of NIMS. *111110 NIMS COMPLIANCE QUESTIONS Did your agency submit a final FFY 2006 NIMS compliance report to the State EMD through the online reporting system by September 30, 2006? Yes Has your agency adopted NIMS? Yes Has your agency made a good faith effort to adopt/implement the FFY 2006 NIMS requirements? Yes 4111100 DHS-EMPG-FFY07 23 of 43 City of Renton Emergency Management Division • Renton(City of)Emergency Management Division �r 2007 Emergency Management Performance Grant Exercises, Evaluations and Corrective Action Deliverables-Required Activity 1. Participate in the design, conduct and evaluation of either a functional or full-scale exercise. Each jurisdiction receiving EMPG funds MUST complete at least one major exercise during the performance period. The recommended sequencing is three functional and one full-scale exercise in a four-year period. This may be accomplished alone or in conjunction with FEMA, EMD, other public or private entities, or with a neighboring jurisdiction. Mere participation, as • opposed to active involvement, in an exercise sponsored by some other entity will be insufficient to meet this requirement. The City of Renton is planning a three-day full scale earthquake response for September of 2007. The exercise will involve all City of Renton Departments, CERT volunteers,amateur radio, and mutual aid partners. Deliverables: Performance Measures: Deadlines: i a. Submit an After Action Report(AAR) a. Success will be measured by 'toe and Improvement Plan (IP)to the State the submission of the AAR and IP The City of Renton will submit the Exercise Training Officer(ETO)within to the ETO. The ETO will issue a required AAR and IP to the EMD within 60 days of completion. 60 days of the completion of the exercise. letter of EMPG credit to the The appropriate format for the AAR and jurisdiction upon approval of the IP can be found in Volumn II of the reports. Homeland Security Exercise and Evaluation Program (HSEEP) manuals which can be found at: http://www.ojp.usdoj.gov/odp/docs/ HSEEPv2.pdf. Activity: 2. In the event a jurisdiction experiences an actual event that adequately tests overall emergency management capabilities, exercise credit may be requested within 60 days. Deliverables: Performance Measures: Deadlines: a. Success will be measured by a.As necessary, depending a. Submit an After Action Report(AAR) and the submission of the AAR and IP depending on actual eves. Improvement Plan (IP)to the State Exercise to the ETO. The ETO will issue a Training Officer(ETO)within 60 days of the letter of EMPG credit to the jurisdiction event. The appropriate format for the AAR upon approval of the reports. and IP can be found in Volumn II of the H omeland Security Exercise and Evaluation Program (HSEEP) manuals which can be found at http://www.ojp.usdoj.gov/odp/docs/ HSEEPv2.pdf. Four Year Exercise Schedule �rry 2007 Full Scale 2009 Functional 2008 Functional 2010 Functional DHS-EMPG-FFY07 24 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant 440:4 Mutual Aid Program Deliverable-Required Activity 1. Review mutual aid agreements, following the guidance set forth in the state Emergency Management Division's Mutual Aid and Inter-local Agreement Handbook.❑ Deliverables: Performance Measures: Deadlines: a. Update mutual aid agreements a. The success of this activity will be The city of Renton reviews Mutual measured by the number of mutual agreements on an on-going basis, as deemed necessary by the jurisdiction. as needed. All mutual aid aid agreements that need and receive agreements that need revision will updating during the performance period. be revised. ❑ElE • *4111110 DHS-EMPG-FFY07 25 of 43 City of Renton Emergency Management Division ' Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Planning Program Deliverable-Required Activity 1. Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP should be compliant with both the National Response Plan and the National Incident Management System (NIMS). Requirements for plan development and submission are provided in RCW 38.52.070, WAC 118.09 and WAC 118.30.❑ ILEI Deliverables: Performance Measures: Deadlines: a.Any jurisdiction that has not submitted a. If it has been four years since it The City of Renton will begin an updated CEMP to the state Emergency was last submitted for review, an revision of the City of Renton Management Division within the past four updated CEMP is submitted to the Comprehensive Emergency years must do so during this program year.❑ Management plan by 9/07 and state EMD. submit to Washington State EMD or b. If the jurisdiction is new, a draft in 2008. L C' of the Basic Plan portion of the b. First time applicants must complete a draft of their Basic Plan portion of the CEMP within CEMP is completed. the program year. �1rr• °41r/ DHS-EMPG-FFY07 26 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Planning Program Deliverable-Additional Activity 4111100 Participate in Zone 3 Emergency Planning Deliverables: Performance Measures: Deadlines: Continue to participate in planning activities in Attendance at on-going planning meetings, as On-going *111110 Zone 3 and King County. scheduled. 4111110 DHS-EMPG-FFY07 27 of 43 City of Renton Emergency Management Division ' Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Planning Program Deliverable-Additional Activity participate in Homeland Security Region 6 activities. Deliverables: Performance Measures: Deadlines: ,41.19e City of Renton will continue to be an active Participate in scheduled meetings and other On-going participant in planning efforts of the various activities. Region 6 planning efforts. This will include participation on committees as well as providing support to on-going activities. NNW DHS-EMPG-FFY07 28 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Planning Program Deliverable-Additional Activity Participate in King County Local Emergency Planning Committee(LEPC)planning. • Deliverables: Performance Measures: Deadlines: The City of Renton will continue to participate Attendance at scheduled LEPC meetings. On-going. in scheduled meetings of the King County LEPC. DHS-EMPG-FFY07 29 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Planning Program Deliverable-Additional Activity Participate in planning efforts for pandemic flu Deliverables: Performance Measures: Deadlines: yyo part of a regional response to potential Participate in meetings and other activities as On-going, as scheduled. pandemic flu outbreaks,the City of Renton will scheduled. participate in regional planning and informational efforts. Nlirre DHS-EMPG-FFY07 30 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Planning Program Deliverable-Additional Activity Washington State Fire Mobilization planning. Deliverables: Performance Measures: Deadlines: The City of Renton Fire Department will Attend meeting, as scheduled. On-going. VI" continue to participate in state-wide planning efforts towards fire mobilization planning. 4110 DHS-EMPG-FFY07 31 of 43 City of Renton Emergency Management Division • Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Finance and Administration Program Deliverable-Required Activity 1. Submit reimbursement requests online, ensuring all applicable Office of Management and Budget (OMB) Circulars are complied with. Applicants should refer to the Department of Homeland Security, Office of Grants and Training, Financial Management Guide released January 2006 as a reference for financial management and grant administration requirements for EMPG. For an electronic copy of this guide please contact the EMPG Program Manager at r.sova@emd.wa.gov.❑El E:i E L; Note:EMPG funds shall not be used to supplant existing local funding,nor shall funds from one federal grant program be used to match funds received under EMPG.If necessary,applicants may be required to supply documentation certifying that a reduction in local resources occurred for reasons other than the receipt or expected receipt of federal funds. Deliverables: Performance Measures: Deadlines: a. Submit a request for reimbursement a. Success will be measured by the a. Please indicate how often online using e-GMS. A Reimbursement submission of completed Reimbursement reimbursement requests will Spreadsheet showing how the EMPG Spreadsheets. be submitted (not more funds were spent must accompany all frequently than monthly). requests for reimbursement. Expenditures b. Success will be measured by the inclusion It is anticipated that requests listed on the Reimbursement Spreadsheet in each performance report of a verification will be submitted twice, at the cannot be items listed in the 2007 Local statement. mid-point and end of the Funds Budget portion of the Total Emergency Management Operating Budget b. May 15, 2007 and in this application. February 14, 2008. b. Verify in performance reports that the agency has reviewed and agrees to all relevant State and Federal requirements to include OMB Circulars A-87 (Cost Principles for State, Local and Tribal Governments) and A-133 (Audits of State, Local Governments, and Non-Profit Organizations.) ii —w DHS-EMPG-FFY07 32 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Program Management Program Deliverable-Required Activity 1. Performance reports and BSIRs are required twice during the contract period. Failure to submit either type of report may result in cancellation of the contract. Deliverables:E Performance Measures: Deadline: a. Performance reports must be a. Success is measured by the a.May 31, 2007 and submitted online in e-GMS no later than submission of comprehensive February 14, 2008 LID 00 May 31, 2007 and February 14, 2008. performance reports by the deadline. Reports must clearly describe the progress b. Success is measured by the b. January 15, 2008 and the recipient is making towards the accurate submission of the June 15, 2008.❑❑ deliverables described in this application jurisdiction's BSIR through and the contract Scope of Work. the on-line system. ❑ ❑ b. The Bi-annual Strategy Implementation Report(BSIR) must be submitted through the Dept. of Homeland Security on-line Grant Reporting Tool every June and January. The website for this tool is https://www.reporting.odp.dhs.gov. REPORT REQUIREMENT ACKNOWLEDGEMENTL 'Jr Please check this box to certify that your agency has reviewed the above reporting requirements and agrees to comply with them if/when an EMPG contract is awarded. X DHS-EMPG-FFY07 33 of 43 City of Renton Emergency Management Division ' Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Hazard Identification, Risk Assessment and Impact Analysis Program Deliverables The City of Renton will be utilizing city staff and a consultant to develop an updated Hazard Mitigation plan during 2007. Included in this plan will be an assesment of hazard and risk in the City of Renton. err Deliverables: Performance Measures: Deadlines: The revision to the City of Renton Hazard Completed Hazard Mitigation plan 9/07 Mitigation plan will include an updated including an assessment of hazard and assessment of risk in the City of Renton. risk in the City of Renton. Nlfige DHS-EMPG-FFY07 • 34 of 43 City of Renton Emergency Management Division 411111111". • Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Hazard Mitigation Program Deliverables The City of Renton will utilize city staff and a consultant to conduct an up-date of the city Hazard Mitigation plan during 2007. Deliverables: Performance Measures: Deadlines: The City of Renton will have an updated The City of Renton will have an updated 9/07 Hazard Mitigation plan for approval by elected Hazard Mitigation plan by the end of the officials. grant. DHS-EMPG-FFY07 35 of 43 City of Renton Emergency Management Division • Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Laws and Authorities Program Deliverables City legal staff will provide review of policy revisions as needed. fir► Deliverables: Performance Measures: Deadlines: Review of City of Renton policy and plans to Required review of revised policy. Review will be conducted by end ensure compliance with city code and of grant cycle. applicable state laws and regulations. .441ow DHS-EMPG-FFY07 36 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant 440 Logistics and Facilities Program Deliverables a.The City of Renton maintains a primary and alternate ECC. Regular tests of these facilities are conducted to ensure proper functioning. As identified during these drills and actual activations improvements are continually made, as finances allow. b. During 2007 emergency storage at all fire stations will be updated including rotating emergency food stores for responders. • Deliverables: Performance Measures: Deadlines: a. On-going maintenance and uppgrades as The measure of success lies in a a. On-going identified during drills and activations. functioning ECC, as identified during drills,exercises, and activations. b. 9/07 b. Updated emergency storage and emergency supplies to support responders. DHS-EMPG-FFY07 37 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Logistics and Facilities Program Deliverables Shelters Deliverables: Performance Measures: Deadlines: a. Continue to work with American Red Cross a.Countinue to offer shelter worker a. On-going. and community partners to increase shelter training to city staff and community capacity in the City of Renton. volunteers. Increase ability of city b. Construction completed by 6/07. facilities to serve as shelters. Develop b. Red Cross Regional Shelter Supply facility. buildings in the city to serve as community shelters. b.The American Red Cross is partnering with the City of Renton to construct a fully supplied shelter storage facility at Renton Fire Station 16. This equipment will be used to provide shelter capabilty to the local region. '44rw` DHS-EMPG-FFY07 38 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant *1104 Operations and Procedures Program Deliverables The City of Renton maintains several resources used to assist staff during emergency operations. These include checklists(ECC-ICS checklist)and resource manuals. These documents are evaluated and modified as needed. The Emergency Management Division also maintains a fail-safe communications flow chart to assist in the event of a loss of normal communications. *4110 Deliverables: Performance Measures: Deadlines: Revisions to plans, procedures, checklists and Revisions to operational procedures and 9/07 guides as needed, but no less than annually. plans as needed, but no less than annually. • DHS-EMPG-FFY07 39 of 43 City of Renton Emergency Management Division Renton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Nifty, Training Program Deliverables Conduct on-going Emergency Management/preparedness training for staff. a. Conduct ICS training. b. Conduct position specific training for members of the City of Renton ECC, including section specific training. c.Attend local training conferences such as Partners in Emergency Preparedness. 'err Deliverables: Performance Measures: Deadlines: a. Conduct on-going ICS training for a.Training to meet the 2007 NIMS a. ICS training will be complete by appropriate staff to meet requirements of requirement will countine in 2007. September 2007. Training for new NIMS,as well as to keep all new and newly Training for new city employees and employees and promoted promoted employees compliant. promoted employees will also be employees will be on-going. conducted. b. It is the goal of the City of Renton to train b. On-going. members of the city ECC in ICS position b.Training will be conducted based on specific training. The City of Renton will also an on-going training needs assesment. c. Training will be complete by end conduct on-going operational training for ECC of 4/07 staff covering topics such as computer use, c.Attendance at Partners conference. communications, record-keeping and general preparedness. c.Attend 2007 Partners in Emergency Preparedness. DHS-EMPG-FFY07 41 of 43 City of Renton Emergency Management Division F'.enton(City of)Emergency Management Division 2007 Emergency Management Performance Grant Training Program Deliverables Increase City staff trained in Emergency Response Training a.CERT b.ATC-20, Post earthquake Evaluation of Buildings ISO Deliverables: Performance Measures: Deadlines: Goal is to increase the number of city The Emergency Management Division On-going employees trained in Post Earthquake will provide two CERT academies,open Evaluation of Buildings and CERT. to city employees, and at least one ATC-20 class. DHS-EMPG-FFY07 42 of 43 City of Renton Emergency Management Division • Kenton(City of)Emergency Management Division *Iwo' 2007 Emergency Management Performance Grant Training Program Deliverables Participate in Emergency Manaagement classes offered by FEMA,Washington State EMD, and other providers. '' Deliverables: Performance Measures: Deadlines: In an effort to increase skills for all staff City of Renton Emergency Management On-going as available. engaged in emergency management and staff and city employees will participate response, the City of Renton will send as finances allow. employees to training offered by outside agencies. DHS-EMPG-FFY07 43 of 43 City of Renton Emergency Management Division voile CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOOPERATNE AGREEMENT WITH THE WASHINGTON STATE MILITARY DEPARTMENT AND DEPARTMENT OF HOMELAND SECURITY, ENTITLED EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG), CONTRACT #E07- 363 WHEREAS, the Department of Homeland Security provides emergency management performance grant funds to local jurisdictions that have emergency management programs to support their emergency management operating budget, in an effort to enhance their emergency management program, and WHEREAS,the City of Renton has such emergency programs, and WHEREAS, the Department of Homeland Security provides such funds to the Washington Military Department, which manages the funds and reporting requirements, and WHEREAS, it is necessary to document the terms and conditions under which the grant will be managed; and WHEREAS, the City of Renton stands to obtain a grant in the amount of$66,714.00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Washington Sate Military Department and Department of Homeland Security for an Emergency Management Performance Grant (EMPG), Contract#E07-363. 1 RF SOLUTION NO. PASSED BY THE CITY COUNCIL th; day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Now Lawrence J. Warren, City Attorney RES. 1269:5/16/07;ch New 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON AMENDING THE 2007 BUDGET BY USING $66,714 FROM THE FUND 000 FUND BALANCE FOR THE PURPOSE OF SUPPLEMENTAL FUNDING TO SUPPORT THE CITY'S EMERGENCY MANAGEMENT PROGRAM. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in the General Governmental Fund is hereby increased as follows: Fund 2007 Original Budget 2007 Adjusted Budget Increase Budget General Fund - Fire 000.000000.009.5250.0060.10.000000 $113,800.00 $11,214.00 $125,014.00 *1001 General Fund— Fire $7,500.00 $52,500.00 $60,000.00 000.000000.009.5220.0020.10.000020 General Fund—Fire 000.000000.009.5250.0060.43.000061 $0.00 $3,000.00 $3,000.00 Total $66,714.00 Source of funds: Grant reimbursement to supplement Fund 000 in 2007 Budget. SECTION II. Funds for this line item are hereby added to the 2007 Budget and hereby removed from the year-end fund balance. SECTION III. This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Page 2 of 2 CITY OF RENTON COUNCIL AGENDA BILL Al#: 4Th ? s 11.01 Submitting Data: For Agenda of: 6/11/07 Dept/Div/Board.. Hearing Examiner Staff Contact Fred J. Kaufman, ext. 6515 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Brookefield North Preliminary Plat Ordinance File No. LUA-05-131, PP, ECF Resolution Old Business Exhibits: New Business Hearing Examiner's Report and Recommendation Study Sessions Legal Description and Vicinity Map Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... N/A kik." Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The hearing was held on April 17, 2007. The Hearing Examiner's Report and Recommendation on the Brookefield North Preliminary Plat was published on May 1,2007. The appeal period ended on May 15, 2007. No appeals were filed. The Examiner recommends approval of the proposed preliminary plat subject to the conditions outlined on page 7 of the Examiner's Report and Recommendation. Conditions placed on this project are to be met at later stages of the platting process. STAFF RECOMMENDATION: Approve the Brookefield North Preliminary Plat with conditions as outlined in the Examiner's Report and Recommendation. Rentonnet/agnbill/ bh May 1, 2007 %r'" OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT: Cambridge Investments, LLC CONTACT: Darrell Offe Offe Engineer PLLC 13932 SE 159th Place Renton, WA 98058 Brookefield North Preliminary Plat File No.: LUA 05-131, PP, ECF LOCATION: 1154 and 1160 Hoquiam Avenue NE SUMMARY OF REQUEST: Approval to subdivide a two parcels of land totaling 2.17 acres into lots suitable for single-family residential development. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on April 10, 2007. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the April 17, 2007 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, April 17, 2007, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No. 3: Site Plan Exhibit No. 4: Zoning Map Exhibit No. 5: Copy of the final plat of Brookefield Exhibit No. 6: Certificate of Water Availability II, sheets 2, 3, and 4 Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 Page 2 *4110 Exhibit No. 7: Drainage plan for Brookefield North Exhibit No. 8: Original Tax Real Estate Excise Tax Affidavit(2 sheets) Exhibit No.9: Lot 16 Recording for easements: Exhibit No. 10: Recording from Brookefield II HOA- #20060313001960 Tract C easement: #20060313002001 Exhibit No. 11: Tree Retention Plan Exhibit No. 12: Landscape Plan showing slope profiles Exhibit No. 13: Grading Plan The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The proposed land use action is a subdivision of approximately 2.17 acres of land that would be divided into lots suitable for residential single- family development. The property is located on the east side of Hoquiam Avenue NE, due east of Hazen High School. It is in a recently annexed area of the City of Renton. The property consists of two tax parcels that have existing homes and outbuildings, all of these structures would be removed. The proposal is to subdivide the property into 15 lots and one tract for surface water management. The project is associated with an earlier 16-lot subdivision known as Brookefield II. This project abuts the property to the south. The entryway was completed with half street improvements. The project today would complete NE 11`h Court with the remaining half street improvements including the completion of the cul-de-sac. The area has a comprehensive plan land use designation of Residential Single-Family within the Residential 8 (R-8) zone. The net density is 7.93 dwelling units per net acre which is within the range of allowable density in the R-8 zone. Lots would range in size from 4,573 sf to 6,125 sf, which is within the range of allowable lot size. Access to the site would be via an existing cul-de-sac public street, NE 11`h Court. Two private streets would serve lots located on the north portion of the subdivision. Site preparation for development would include the removal of vegetation and trees for roadways, utilities and building pads. A public pedestrian connection from the street ends of the private streets to the north property boundary with the potential of continuing pedestrian access to the north should that property be developed. The ERC issued a Determination of Non-Significance—Mitigated, which included six mitigation measures. No appeals were filed. Fire,Traffic and Park Mitigation fees were imposed on this project. This plat meets the objectives of the community design element with the use of a grid pattern that is consistent with the City of Renton's street patterns, it provides pedestrian connection to the north, and most lots will front on public streets. Street trees would be planted along residential streets and a detailed landscape plan would be submitted at the time of building permit review. Maintenance of common areas would be the responsibility of a Homeowners' Association. This plat would have a 42-foot right-of-way, which is narrower than a standard right-of-way, there would be sidewalks along the public street and all utility lines would be placed underground. Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 Page 3 New' The project would provide 15 new homes and would be in the high-end range for the Residential-8 zone. The lots would all be larger than 4,500 square feet. All setbacks would meet the requirements for the development standards for the zone. There is a 15-foot side setbacks required from private access easements. The half-street improvements would be required on NE 11`h Court and to add curb, gutter, sidewalk and street lighting to the east side of Hoquiam Ave NE. The project is located within the Renton School District and they have indicated that they can handle the proposed 7 additional students. Landscaping of the stormwater tract is also required. Darrell Offe, Offe Engineers PLLC, 13932 SE 159th Place, Renton stated that he is the project engineer. They have been working for three years to get the project annexed into the City. A copy of the final plat of Brookefield II, sheets 2, 3, and 4, which shows the extension of NE 11th as it relates to the development today. A portion of the existing fence will be removed at the time that the remaining portion of the half street is improved. NE 11th Court is actually larger than a half street improvement, there is 35-feet of dedicated right-of- way to the City of Renton that abuts their property line. This development will dedicate an additional seven feet of right-of-way and make improvements of two additional feet of asphalt plus vertical curb, gutter and sidewalk. They will not be dedicating along Hoquiam, that is a 60-foot right-of-way and the City didn't ask for any additional right-of-way. Nue The four homes that are to be built in the back do have longer driveways and the lots are larger than normal they have extra depth to accommodate residents making turns so they don't have to back out the long driveways. The developer has been doing this for over ten years and these types of lots appear to be desired by the public. The property to the north currently has a right-of-way and a power line easement down NE 12th, the access will come off the extension of 12"'with no access onto Hoquiam due to the activity with the high school. They are at the extent for a gravity sewer to the south, the property to the north and up to Sunset will require a pump station that will generate a lot of cost and a lot of development. The area was zoned R-1, it is unlikely that the pump station will be built unless the City contributes to the cost. Nancy Villaluz, 5311 NE 11"'Court, Renton 98059 stated that she is the president of the Homeowners' Association for Brookefield II located at the south end of NE 11th Court. They have a boundary issue, the applicant did acquire an easement for the water along the southeast corner of the proposed plat. There is a strip of land that appears to be a straight line and it should not be, the pavement at the end of the tract is not the end of the property line. The property they acquired did not extend into the "T"of the private road. The Homeowners' Association has planted trees along the boundary that they do not want disturbed when the drainage pond is installed. They have consulted with an attorney regarding the sale of the water easements, it appears that for$100 the Homeowners' Association sold the water rights,but this seems to not have benefited the Association, and both ,� the grantor and grantee are the same signature. It appears that the builder sold it from himself to himself. Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 Page 4 Lot 16 of Brookefield II was already under contract in escrow when the 10-feet along the west end of the property with an additional 10-feet along the north end was sold off for a mere $100 without any notification or any change to their sale contract. There were not notified of this transaction. Regarding the significance of trees, the City stated that there were no significant trees, they have looked at the trees that were mapped on the plat, some of the larger trees should be spared. The significant open area,Tract C for Brookefield II sustained significant damage in the recent wind storm, 60% of the trees have been blown down. The homeowners from their association has discussed the traffic,they have been welcoming the development across the street with the removal of the fence and completion of the road and addition of houses. They do question the fact that the driveways would be offset,there would be more traffic than normal with the excess driveways. Because of the school and the neighborhood there are a significant number of children,their safety is of great concern. They would request a full right-of-way rather than the smaller sized roadway as the applicant has requested. Kayren Kittrick, Development Services stated that the 42-foot street is a standard throughout the City for residential areas, it allows for two lanes of traffic,parking on both sides with 20-feet of clear roadway. She asked that an additional condition be added, Lots 1 and 12 should have no access to Hoquiam. The preference would be shared driveways for Lots 2 &3 and Lots 6& 7. Tract A on Brookefield II is an access tract, it was created for access to all of the lots in the back, it was also 4400 created to give access to Tract B,the storm drainage and for maintenance. Ms. Higgins stated that the access to the back lots is via easements from Lots 2 & 3 and Lots 6& 7, ten feet from each side. Mr. Offe addressed the issue of the easement with regard to the stormwater outfall. On Exhibit 5, which shows Lots 14, 15, and 16,Tract A(the"T" shaped tract) in Brookefield II. On Lot 16 and Tract C there is a recorded 10-foot water easement along the west side of Lot 16 and a 15-foot water easement along the north side of Lot 16 and Tract C to Water District 90 for a future extension. The developer acquired from Sound Built Homes, while Lot 16 was being built,a 10' x 16' easement in the corner,along and concurrent with the water district easements. The detention vault will be covered, it will be narrow and long the trees planted by the HOA, if they are on their property, they will not touch them. They will not be working in the southeast corner at all. Ms. Higgins stated that the applicant submitted a tree inventory. It shows one existing tree that is to be retained on the west side of the property, a 22"Cedar. Since the big windstorm, a lot of trees are no long standing and tree inventories are incorrect. Most of the trees are located on the eastern side of the property. The Renton Tree Retention Determination made by the Director,identifying trees that should be protected and those that are not considered worthy of protection. In that determination, Cottonwood, Alders, Birch, Aspen,etc are not considered worthy of protection. They are brittle and do fall during heavy windstorms. The slopes on the property show the existing topography of the site with a 9% slope across Lots 9, 10 and the north part of Lot 11. Where the cul-de-sac needs to be completed the existing slope is about 21%, in order to get *id an acceptable grade there will have to be grading. The proposed grading plan shows how the 21% slope will be accommodated back on the Tracts. Where there is this type of grading, all the trees will have to be removed. Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 Page 5 Nierw The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:21 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Cambridge Investments, LLC, filed a request for a Preliminary Plat. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance -Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 1154 and 1160 Hoquiam Avenue NE. The subject site is located on the east side of Hoquiam just north of NE 11th Court. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses,but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 5223 enacted in October 2006. 9. The subject site is approximately 2.17 acres or 94,706 square feet. The site is approximately 630 feet deep(east to west)and approximately 150 feet wide along Hoquiam. Two existing homes on the subject site will be removed if the plat is approved. 10. Honey Creek is located east of the subject site and prevents access or through access to the east. Brookefield II, a previously approved plat, is located along the south and east edge of this property and provides the south portion of NE 11th Court that will provide access. Due to Honey Creek, 11th Court will be a cul-de-sac roadway. 11. There are 33 alder trees, 20 cottonwoods and one fir and one hemlock. Only the two later trees are protected trees according to staff. There are some larger other trees on the subject site as reported by neighbors but none of the trees are significant species. The applicant will be leaving some trees if appropriate and will not be directly affecting trees on neighboring properties. Tree removal on the subject site might affect trees on adjacent sites by removing the "wind break affect." 12. The applicant proposes dividing the subject site into 15 lots. One tract for storm water will be created along the east edge of the plat. 13. Eleven lots will be located along the north side of NE 11th Court. Four lots will be created along the north property line that gain their access via two private roads. The private roads will be located Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 Page 6 between Proposed Lots 2 and 3 and 6 and 7 and provide access to Proposed Lots 12 and 13 and 14 and 15, respectively. The lots along l Ith Court will be oriented north to south while the interior lots will be oriented east to west. Staff has recommended that Proposed Lots 12 and 13 have their front yards facing each other and a similar arrangement for Proposed Lots 14 and 15. 14. As noted above, NE 11th Court will end in a cul-de-sac providing access to the subject site as well as the adjoining property to the south and east. Staff has recommended that pedestrian access be provided to the north via the two private streets. Staff has also recommended that there be no direct access to Hoquiam from any proposed lot. 15. The density for the plat would be 7.3 dwelling units per acre after subtracting roadways. 16. Regulations require street trees and trees in the front yards of homes. 17. The subject site is located within the Renton School District. The project is expected to generate approximately 6 or 7 school age children. These students would be spread across the grades and would be assigned on a space available basis. 18. The development will increase traffic approximately 10 trips per unit or approximately 150 trips for the proposed plat. Approximately ten percent of the trips, or approximately 15 additional peak hour trips will be generated in the morning and evening. 19. Stormwater will be contained in a vault located on a tract at the eastern edge of the plat. The vault may ,,,moi have an exposed wall located along its eastern edge but is proposed to be setback from the property line. 20. Sewer will be provided in NE 11th Court. Domestic water will be provided by Water District 90 and a certificate of availability has been provided. 21. Neighbors expressed some concern about the way property was conveyed between the various ownerships of the subject site and surrounding property. These are not issues subject to this review. The applicant cannot trespass on adjacent property while developing the subject site. CONCLUSIONS: 1. The proposed plat appears to serve the public use and interest. It provides rectangular lots that meet code requirements and that have appropriate access to roads and utilities. 2. The development of the new lots will obviously affect neighboring properties both during construction and once occupied by new residents. These impacts were anticipated when the site was zoned for additional single-family homes. The plat meets the City's density requirements and provides infill where utilities are available. 3. The development will increase the tax base of the City and the collection of mitigation fees will further help offset the impacts of the new development on the City's parks,roads and emergency services. The completion of the cul-de-sac will also help emergency access to the subject site and adjoining properties. 4. The staff recommendations on home orientation for Proposed Lots 12 and 13 and 14 and 15 seems appropriate given their juxtaposition to one another, their access roads and their southern neighbors. Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 NomePage 7 5. Staffs recommendation for pedestrian access to the north through the private roads is appropriate under the City's Community Design policies 15, 26 and 60. It will provide internal links for pedestrians to mingle with neighbors or future neighbors tying the various communities to one another. 6. As noted, the applicant cannot adversely affect neighboring properties directly but the consequences of removing trees on the subject site may not be completely avoidable. The applicant is free to work with neighbors to preserve additional trees as appropriate. 7. In conclusion, the plat is appropriate and the City Council should approve the proposed plat. RECOMMENDATION: The City Council should approve the Preliminary Plat subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. Pedestrian access shall be provided to the property located north of the proposed project from the north ends of the two private streets. 3. A detailed landscape plan shall be submitted to the Development Services Project Manager for review and approval prior to final plat recording. Now 4. A homeowners' association shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat 5. A site layout that has the front yards of Lots 12 and 13 facing each other and accessed from Street A and Lots 14 and 15 facing each other and accessed from Street B shall be a condition of approval and shall be so noted on the face of the plat. 6. The face of the plat shall include language that prohibits direct access to Hoquiam from any of the proposed lots. ORDERED THIS 8`t'day of March 2007. .c_s_ti –4. 1...,—..k FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 1st day of May 2007 to the parties of record: Elizabeth Higgins Nancy Villaluz Darrell Offe 1055 S Grady Way 5311 NE 11"'Court 13932 SE 159th Place Renton, WA 98055 Renton, WA 98059 Renton, WA 98058 • Brookefield North Preliminary Plat File No.: LUA-05-131, PP, ECF May 1, 2007 Page 8 volif Kayren Kittrick 1055 S Grady Way Renton, WA 98055 TRANSMITTED THIS 1S`day of May 2007 to the following: Mayor Kathy Keolker Larry Rude, Fire Jay Covington, Chief Administrative Officer Larry Meekling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman,PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker,Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,May 15, 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14) days from the date of the Examiner's decision. This request shall set forth ,vs the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., May 15, 2007. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 'rr.r Project Location: 1154 and 1160 Hoquiam Avenue NE r � sus } ,',V0i` ' j-i c,x, - o- 1 . ^ ' limy e F„ ".:;.cam z .� «, _- �, �` • Oma x i ...tx g rz z .,X: eaK^'i'` 411".5x.1 ,,,,,,''.Q� ,,{. r•s.. . = az i lila* ' ' i°i•,• z. ..�.. .=wa s" '=e S'tiz' a;vra< " 'Note: "applicant"is the project proponent and applicant for the current land use action. References to future responsibilities of the "applicant"should be interpreted to mean future landowner,developer,or project proponent. Development approvals and conditions of approval are associated with the projecUproperty and not individuals. • D6 - 3 T23N R5E E 1/2 R-8 I E 112th P l. L_ W j � 1 ,- ) ' (__� SE 113th C Z////i Rte- 1 ; �! ,- __ --_ . R--8- —8cts -- • NE 10tJhSLX [ RB — - NE 10th St.-: R�8: (� '+ — - SE 117thR—Brw R-8 -4_ -R-B -- ---- NE 9th i St. RS_ __________,_____ ___ _ _ __ __ f i N ----- t :a =— r. • viol o N 7h St. t� R-8 1IE8J W: 1 ---�� I 1 iii RM—F— -h--R. - . , - SE1 —' _ ._E R'-8 R-8 W . I© - - x_1'0-- .6)1• a'°wa,o�_ ,c3-,-------,:``#' _ � � ca NE - jr„ -- � -10 ; .-a=8 ) R= _- -R-4' — a4 -- CA R-10 r-----R—„ - R T 8 j— ;R=4 ( R-4 . F6 - 15 T23NR5E E1/2 °~1; __— q 4p° EXHIBIT ZONING — Renton City Limi+a 1:49°° P/B/PW TECHNICAL SERVICES SFr, 02/16/0610 T23N R5E 4 r City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner BROOKEFIELD NORTH PRELIMINARY PLAT LUA-07-013, ECF, PP PUBLIC HEARING DATE-APRIL 17, 2007 Page 4 of 11 "i'" Lots would range in size from 4,573 sf to 6,125 sf. The average lot size would be 5,249 sf. Access will be from an existing cul-de-sac public street, NE 11th Court, which was recently improved as part of the Brookefield II subdivision. Brookefield North development would result in completion of improvements to the north side of this street. Two private streets would serve lots located on the north portion of the subdivision. Site preparation for development of the plat would include the removal of vegetation and trees for roadways, utilities and building pads. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on March 5, 2007 the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Brookefield North Preliminary Plat. The DNS-M included six (6) mitigation measures. A 14-day appeal period commenced on March 12, 2007 and ended on March 26, 2007. No appeals were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of the probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non- Significance – Mitigated (DNS-M): Nos, 1. The applicant will be required to comply with the recommendations included in the geotechnical report "Geotechnical Engineering Report, Brookfield [sic] North Preliminary Plat," by Dennis Joule, PE, dated February 1, 2005. 2. This project shall be subject to the 2005 King County Surface Water Design Manual for both detention and water quality facilities. 3. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. 4. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. 5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are 441s9—. contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. HEX report Brookefield N.doc 1/4 20050630001478.iz. *100 EXHIBIT A LEGAL DESCRIPTION The South 65 feet of the North 165 feet of the West 150 feet of the South 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 10,Township 23 North,Range 5 East,W.M. Except the West 30 feet thereof conveyed to King County for 142"Ave.SE by deed recorded under Recording No.3263478; Situate in the County of King,State of Washington. Deed of 71-ust WI41364 /0011-6 312w0/f.doc 6/22/2005 page 39 *4111004 Dtlosfr 1Ctnp,WA mcua+eat-Year.Nonth. 696883 Commentr D4Y•DocID 2005.630.1478 paper 31 of 31 CITY OF RENTON COUNCIL AGENDA BILL AI#. _ r Submitting Data: For Agenda of: Dept/Div/Board.. PBPW/Utility Systems/Surface June 11, 2007 Water Utility Staff Contact Ron Straka, x7248 Agenda Status Steve Lee, x7205 Consent X Subject: Public Hearing.. Surface Water Utility Master Plan Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Utilities Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment Amount Budgeted $300,000 (2007) Revenue Generated Total Project Budget $341,000 City Share Total Project.. SUMMARY OF ACTION: The Surface Water Utility is developing a Surface Water Utility Master Plan (Plan), which provides an overview of all the Surface Water Utility programs and services. The Plan will evaluate existing levels of service, review challenges facing the Utility due to growth, annexations, regulatory requirements, and identify new programs and changes to existing programs to meet regulatory requirements while maintaining acceptable levels of service. The services provided by the Surface Water Utility engineering and maintenance programs will be reviewed, including future capital improvement program needs, program policies, and other surface water management needs. The Plan will pay particular attention to complying with the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit that was issued to the City by the Department of Ecology on January 17, 2007. STAFF RECOMMENDATION: Adopt a Surface Water Utility Master Plan upon completion of review, tentatively scheduled for first quarter 2008. C:\DOCUME-1\B Walton\LOCALS-1\Temp\070521-AgendaBill-SurfaceWaterMasterPlan.doc\SLtp 1420. 6ti`SY PLANNING/BUILDING/ + ,- ® • PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: June 1, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: )'J. Kathy Keolker, Mayor FROM: 'fit Gregg Zimmerman, Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Steve Lee, Surface Water Utility Engineer(ext. 7205) SUBJECT: Surface Water Utility Master Plan Standing Referral ISSUE: Should the Council review and approve a Surface Water Utility Master Plan? Now RECOMMENDATION: Place the Surface Water Utility Master Plan (Plan) item on the Utilities Committee active referral list to allow discussions and presentations on the Plan as it is being developed. BACKGROUND SUMMARY: The Surface Water Utility is developing a Surface Water Utility Master Plan (Plan), which provides an overview of all the Surface Water Utility programs and services. In September 2006, a consultant contract with R.W. Beck Inc. was approved by Council to provide assistance to City staff in the development of the Plan. The Plan will evaluate existing levels of services, review challenges facing the Utility due to growth, annexations, regulatory requirements, and identify new programs and changes to existing programs to meet regulatory requirements while maintaining acceptable levels of service. The Surface Water Utility uses the Plan as a guide to manage, maintain, and improve storm and surface water systems within the City of Renton. The Plan is used to identify short and long-term surface water planning issues related to the changing stormwater regulatory requirements while considering City policies affected by these requirements. The Plan will include a comprehensive review of existing and new state and federal regulatory requirements including the Endangered Species Act and the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Peiniit. These Nay regulatory requirements impact Surface Water Utility programs and will require the implementation of new programs and services, along with changes to existing services. Council/SSWMP June 1,2007 Page 2 of 2 The Plan will also discuss capital improvement projects needing attention for the next 20 years. Since the last Storm and Surface Water Management Plan was completed in 1995, many of the capital improvement projects have been implemented. A new comprehensive review of future Capital Improvement Program projects is needed to address existing flooding problems, prevent future flooding, and protect water quality and habitat within the City. As part of the Plan, R.W. Beck, Inc. will address operations and maintenance, capital improvement projects, reporting requirements, engineering program needs, mapping program needs, surface water management policies, and state and federal regulations which were not included in the old Plan. Proposed meetings with the Utilities Committee shall include the following topics: 1. Introduction and overview of Surface Water Utility programs, services and challenges. 2. National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit compliance requirements and program changes. 3. Policies. 4. Future Capital Improvement Program. 5. Financial Analysis. 6. Draft Surface Water Utility Master Plan Review. These topics will be presented to the Utilities Committee and reviewed throughout 2007 with the submittal of the draft Surface Water Utility Master Plan to Council scheduled for the first quarter of 2008. Attached is a copy of the first presentation that will be made regarding existing Surface Water Utility programs and services. The presentation will also include the regulatory and other challenges that will require changes to programs to manage storm and surface water runoff within the City to protect people, property, and environmental resources. CONCLUSION: The Surface Water Utility recommends the Surface Water Utility Master Plan item be adopted after the Utilities Committee and Council have had sufficient time to review elements and issues associated with the Plan, tentatively scheduled for the first quarter, 2008. Attachment cc: Lys Hornsby,Utility Systems Director File C:\DOCUME-1\B Walton\LOCALS-1\Temp\070521-IssuePaper-SurfaceWaterMasterPlan-CouncilMtgs.doc\SLtp %OF i - t '1.:f.,!',‘• • , , I . - ;.,., •,..i"- ' •,..„ 1.-: ,.*. m: -4,... ; ' . '.., t __,...,. ....::• t '-s- '„- ;..si,zi, _-4-,--.....-,-,;_•:- ---..-z .•.•,ti. ! , . 1.-"::,_Fin .. .••4 . , , , _,„,4et.4. ...e,: ir* - -...,, --- ••• ••• . , :-',.: .4.11u4 -. ". ,:•+.:?..ti,. ' ,;,,,7.4",,..k.il, ''; `',, :,..,,e't ..1.''''. , ' lift.; ,... .4P --- ,r""tP‘ ' '''*#' • ' i;..' 't'''S4'4`-',4"- t.... ,...Ise+ :'',"...4.,;:t.':"'i',4*• ''' '1_ `'- 44 1 . '-:-"''''''''''''""Aie4?7,4 '%•(%`"li:Vver " - !t...,. .. fi,"‘,'''t t',, .• 't 'i . ': ..."::7 44-=*:**,- ..,,.=1,!„ i• .. , 1.0 ,•,..- . • ,,.., ...-.;.... •• .4 ":"'' Pt. '',t,,-;14'••v.;.-' ,` - ,:;..,• ...v„- , C ity of Renton„, -A.;"Irm0,-,'-4,•!,c1v4kftp,i. Surface Water Utility MasferR,tafriZo,a.'7,% ., lyne 21 2007 '','„'.,-',•W'',- ,'f '- :%i'fr:' , ,,••:•-,,,,,,,.,-.61` ,.i.,,,, -, ,•',,,91,.,,,T,,,,i• ';';•••,. '•%'`'' "2 1',‘ '? ' t'''''3-•i':;"'AI w Utilities Committee Presentation . Introduce Surface Water Utility Master Plan ▪ Describe existing program . Overview of challenges and regulatory requirements Or tt,a1111 Surface Water Utility Master Plan ,4,l -f7.''' 1-1,0, ,.-*-- 2 %or 1 Surface Water Utility Master Plan Goals • Quantify existing accomplishments and spending • Identify NPDES permit requirements • Determine future program needs and requirements • Identify and prioritize capital improvements • Prepare viable financial plan CITY OF P5105 Al I Surface Water Utility Master Plan •f* e4-a- 'or friS-- 100 Existing Surface Water Utility Program- • Internal Utility Services • Planning • Engineering to implement capital projects • Plan review • Review of stormwater elements of new construction • Technical assistance and coordination • Technical assistance to other City departments ur ace Water Utility Master Plan NINO 2 Nor Existing Surface Water Utility Program - • Internal Utility Services (continued) • Regulatory • ESA coordination, limited NPDES compliance work • Utility billing account • Calculating parcel data for billing and Finance department costs • Storm system inventory • Updating system maps for new development • Flood hazard monitoring/response CIlCF RFNTCN SurfaceWater Utility Master Plan Existing Surface Water Utility Program - • External Utility Services • Coordination with other Agencies - WRIA 8 and 9 - King County flood hazard management&Green River FCZD - Drainage elements for WSDOT projects - Other Jurisdiction or Agencies coordination on specific issues or projects • Drainage problem inventory - Complaint investigations Surface Water Utility Master Plan 141110" 3 141IMIMMOIh. . IMO Existing Surface Water Utility Program - • External Utility Services (continued) • Public education and involvement • Limited efforts in coordination with other City departments • Illicit discharge detection and elimination • Limited work by Maintenance Staff CIT I OF RENTON Surface Water Utility Master Plan ' ' ' —i. 4`. , 4 + : 1,•z-te ._ ' _ vaii0 Existing Surface Water Utility Program - • External utility services (continued) • Controlling runoff from new development, and construction sites • Construction inspections • Technical assistance/customer service • As needed customer service 1 44L•ier,4* , , SuCITYRENT ' ' '41111116‘.—'74kiritg''' r ar ceWater Utility Master Plan 4,40 4 Existing Surface Water Utility Program - • Operation & Maintenance • Cleaning Program • Catch Basins • Manholes • Pipe Systems • Ponds • Ditches • Repair and Construction Program OA.,• , Surface Water Utility Master Plan "1"Prl %we Existing Surface Water Utility Program • Administration • SWM utility administration • General fund cost allocation • Information technology • Taxes • Debt service • Capital Projects CITY OF RENTON Surface Water Utility Master Plan 5 voto Existing Surface Water Utility Budget 2006 Spending: $3.7 million Internal: Work for Other City Depts 13% Capital !4 External: Community Focus 4% Projects 37% • •••"" 't101P‘ SWM Utility Administration 7% Debt Service General Fund Cost Allocation 2% 13% Taxes 6% Information Technology 2% , „ , CITY OF RENTON • .;,•;* Surface Water Utility Master Plan IrlOtOke— '411104 Existing Surface Water Utility Budget 2007 Budget: $5.5 million Internal: Work for Other City Depts 8% Kip External: Community Focus 3% Capital Projects tit 46% VI O&M 17% ATIIIIIIIIFSWM Utility Administration 7% General Fund Cost Allocation 4% Information Technology 1% Debt Service 9% Taxes 4% (fl-5 OF FENTO5 Surface Water Utility Master Plan *MO 6 , slow Challenges and Regulatory Requirements • Regulatory Requirements • Clean Water Act • NPDES Phase II Municipal Stormwater Permit • Endangered Species Act • Total Maximum Daily Load (TMDLs) • CIP Permitting • Floodplain Regulations and Map Changes • Surface Water Design Standards for New Construction , „4 -....w. ,,, ,Oti:Al CM OF RENTON$ 43.144,,, Surface Water Utility Master Plan '411111, Challenges and Regulatory Requirements . Other Challenges • Annexations • Increased Infrastructure from New Construction • Replacement of Aging Infrastructure • Growth (land use changes) • Other Service Demands and Needs UT f OF RENTON Surface Water Utility Master Plan )4 NikiW 7 110 Conclusion • Next Presentation • NPDES Phase II Municipal Permit Compliance r CITY OF RENTCN 01H:A Surface Water Utility Master Pian **41109 8 t CITY OF RENTON COUNCIL AGENDA BILLPM AI#: f Ja Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board Utility Systems Division/Water Utility June 11, 2007 Staff Contact Abdoul Gafour, x7210 Agenda Status Helen Weagraff, x7287 Consent X Subject: Public Hearing.. Engineering Consultant Agreement with R.W. Beck, Inc., for Correspondence.. the Development of a Water Use Efficiency Plan Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Engineering Consultant Agreement Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required $92,999.00 Transfer/Amendment N/A Amount Budgeted $100,000.00(2007 budget) Revenue Generated N/A Total Project Budget $100,000.00 City Share of Project 100% Account No. 425.00500.018.5960.0034.65.055140 SUMMARY OF ACTION: The Water Utility requests approval of the Engineering Consultant Agreement with R.W. Beck, Inc., for the development of a Water Use Efficiency Plan as required by the Municipal Water Law and Municipal Water Supply Efficiency Requirements Act of 2003. The Water Utility selected R.W. Beck, Inc., from the approved 2007-2008 Utility Systems Annual Consultant Roster, to develop the Water Use Efficiency Plan due to its familiarity with the City's water conservation effort and its work in the development of the City's 2006 Comprehensive Water System Plan. The Water Utility has budgeted sufficient funds in our 2007 Capital Improvement Program budget to cover the cost of the consultant contract. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Engineering Consultant Agreement, in the amount of$92,999.00, with R.W. Beck, Inc., for the development of the Water Use Efficiency Plan. H:\File Sys\WTR-Drinking Water Utility\WTR-09-Plans\WTR-09-00XX-2007 Water Use Efficiency Plan\Agenda-bill-RWBeck- contract.doc\AGtp Now _ PLANNING/BUILDING/ �ti(CY 0 PUBLIC WORKS DEPARTMENT • - Nryo� MEMORANDUM DATE: May 29, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: —IL-' Kathy Keolker, Mayor -ka 02— FROM: Gregg Zimmerman� 'ministrator STAFF CONTACT: Abdoul Gafour, Water Utility Supervisor(ext. 7210) Helen Weagraff, Aquifer Protection Specialist, (ext. 7287) SUBJECT: Engineering Consultant Agreement with R.W. Beck, Inc., for the Development of a Water Use Efficiency Plan ISSUE: Now' Should Council approve an engineering consultant agreement with R.W. Beck, Inc., for the development of a Water Use Efficiency Plan required by the Municipal Water Law and Municipal Water Supply Efficiency Requirements Act of 2003? RECOMMENDATION: Approve the Engineering Consultant Agreement and authorize the Mayor and City Clerk to execute the contract with R.W. Beck, Inc., in the amount of$92,999.00, for the development of a Water Use Efficiency Plan. BACKGROUND SUMMARY: In 2003, the state Legislature passed the Municipal Water Law to address the increasing demand on the state's water resources from growing communities, agriculture, industry, and the importance of conserving water for fish. The legislature directed the Department of Health(DOH) to adopt a rule that establishes water use efficiency requirements for all municipal water suppliers and a schedule for the implementation of water use efficiency measures. In January 2007, DOH adopted the Water Use Efficiency Rule, which established specific requirements for all water systems to use water efficiently and demonstrate that they are doing so. The purpose of the Water Use Efficiency Rule is to help conserve water for the environment and future generations and also to enhance public health by Now improving water system efficiency and reliability. To comply with the new rule and its Council/Water Use Efficiency Contract May 29,2007 Page 2 of 2 implementation schedule, the City of Renton Water Utility must develop a Water Use Nolif Efficiency Plan and submit the plan to DOH for approval by January 22, 2008. The Water Utility selected R.W. Beck, Inc., from the approved 2007-2008 Utility Systems Annual Consultant Roster, to develop the Water Use Efficiency Plan. The Water Use Efficiency Plan will be designed to meet the requirements of the Municipal Water Law, and provide the City with multiple approaches for reducing peak water use and average day water consumption. R.W. Beck, Inc. has worked on the development of the City's 2006 Comprehensive Water System Plan and is very familiar with the City's continuing effort to promote water conservation and to protect its drinking water supply. The key elements of the Water Use Efficiency Plan are: 1) Water use efficiency planning requirements: R.W. Beck, Inc. will develop reporting templates for the City to collect data on water production and consumption. R.W. Beck, Inc. will also provide demand forecast, leakage evaluation, selection of water use efficiency measures, and recommend changes in City codes and policies to promote water use efficiency. The information will be included in the annual performance report. 2) Distribution leakage standard: R.W. Beck, Inc. will evaluate our current practices on water leakage monitoring and recommend improvements to minimize water loss in the distribution system. R.W. Beck, Inc. will also develop a methodology for calculation of distribution system leakage and a Water Loss Control Action Plan. 3) Water use efficiency goal-setting and performance reporting: R.W. Beck, Inc. will work with City staff in the development of short-term and long-term goals for water use efficiency including a schedule for the implementation of recommended water use efficiency activities. The Water Utility has budgeted sufficient funding for this consultant contract in the 2007 Capital Improvement Program budget for Water System Plan Update (account no. 425.000500.018.5960.0034.65.055140). CONCLUSION: The Water Utility needs to develop a Water Use Efficiency Plan to comply with the requirements of the Municipal Water Law. R.W. Beck, Inc., was selected as the best qualified firm to develop the Water Use Efficiency Plan. Council's approval of the Consultant Agreement with R.W. Beck, Inc. will allow the Water Utility to complete the Water Use Efficiency Plan and obtain the approval of the plan by the Department of Health before the deadline of January 22, 2008. cc: Lys Hornsby,Utility Systems Director File H:\File Sys\WTR-Drinking Water Utility\WTR-09-Plans\WTR-09-00XX-2007 Water Use Efficiency Plan\RWBeck issue paper.doc\AGtp ENGINEERING ANNUAL CONSULTANT AGREEMENT ''fir+' THIS AGREEMENT, made and entered into on this , day of , 2007, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY." and R.W. Beck,Inc. whose address is 1001 Fourth Avenue, Suite 2500, Seattle, WA 98154-1004, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Water Use Efficiency Plan WHEREAS, the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS, the Consultant has represented and by entering into this Agreement now represents. that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement arc fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS, the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: I SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has, the necessary equipment, materials, and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A. Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. II DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations. �1rr° guidelines, and specifications, including, but not limited to the following: H:\File Sys\WTR-Drinking Water Utility\WTR-(19-Plans\WTR-09-00XX-2007 Water Use Efficiency Plan`,2006 Consultant-RWBeck-contract- ma12007.doe\AG I I'iaria/Data Center/Forms/City/Contracts '2006 Consultant dor Approved 02/06 bb!res 1)906 . Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. *40104 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual. Volumes I and 2." 6. Washington State Department of Transportation, "Manual of 1-Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 1 1. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall he used as a guide in all cases where they fit design conditions. Renton Design Standards. and Renton Specifications shall he used as they pertain. 13. Metro Transit, design criteria. Naid 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter I. and Chapters 3, 4. and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on tieometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which arc available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned v ork. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. Citi will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Consultant will perform such work to the extent provided for in the Scope of Work. The City wilI not he obligated to perform any such field studies. IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT 44010 Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material. including working H:\File Sys\WTR-Drinking Water Utility\WTR-09-Plans\W"IR-09-OOXX -2007 Water Use Efficiency Plan\3006 Consultant-RWBeck-contract may2007.doc\AG 2 Piazza/Data ( 'enter/17m m l(it yid entracte /2000 Comuitant dec :\hhres cd U_'1)0 hh/res 0906 documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not 'tow directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B, Time Schedule of Completion. attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for Mork performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (clays and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed $ 92,999.00 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non-salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. I he direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 182.43 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an est imate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement. including, but not limited to travel, reproduction, telephone, supplies. and fees of outside consultants. H:\File Sys\WTR-Drinking Water Utility\WTR-09-Plans\WTR-00-00XX-2007 Water[Jse Efficiency Plan\2006 ('onsuItant-RWBeck-contract- may2007.doc\AG 7 Pia/_za,Data (_'enter/Forms!Cm!Conti acts /2006 Consuliant.doc :\ppro\ed Ill/ll(,bh!rev(N05 The direct non-salary costs are specified in Exhibit C. Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of 1.05 times the invoiced amount. vosie 4. The net fee,which represents the Consultants profit shall be 15 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant, the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net tee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance. by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. 4410 To provide a means of verifying the invoiced salary costs for consultant employees, the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not. however. be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to. or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein, when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised, the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will he paid for as provided in Section VIII. H:\File Sys\WTR-Drinking Water Utility\WTR-09-Plans\WTR-09-00XX-2(107 Water Use Efficiency Plan\2006 Consultant-RWBeck-contract- may2007.doc\AG -4 Piaiia/D ataGenier/Forms/Cit)/( ontracts 2000 Consultant doe Approval 02/00 hh/revn900 VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona tide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee. commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent Ice. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part "'kW of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis. during the period of the contract_ any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees, without written consent of the City. If during the time period of this Agreement, the Consultant finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Consultant will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona tide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non- Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. Now H:\File Sys\\WTR-Drinking Water Utility\WTR-09-Plans\WTR-09-OOXX-2007 Water Use Efficiency Plan\2006 CmisuIiant-R.WBeck-cnntract- may2007.dnc\ AG ti Piazza/Data ( enIer/i0 rms'(ity/Cuntracts /2006 ('omsultant_d,)c .\ppm\cd(12/06 bIi/c\(1,115 XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten ( 1 0) clays written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant. or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph. should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. lithe accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable to the City at the time of termination, the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors Ni 11 MI affect the value to the City of the work performed at the time of termination. tinder no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. E. In the event this Agreement is terminated prior to completion of the work. the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant. or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the AS Consultant and the City shall be referred for determination to the Director of Planning/ Building/Public Works or H:\Pile Sys\WTR- Drinking Water Utility\WTR-09-Plans\WTR-09-00XX-2007 Water Use Efficiency Plan\2006 ( msultant-RWBeck-conn-act- may2007.doc\AG 6 Piazza/Data_('enlcr/Form~/(nits/('on(racts /2006 Consultant doe :1phros ed 0-)/06 bh/res 0$1)6 • his/her successors and delegees, whose decision in the matter shall he final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and (b) the City. its agents. officers and employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of$1.0 million, with a General Aggregate in the amount of$2.0 million. unless v ai\ed or reduced by the err+ City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton will be named as Additional Insured(s) on (CONTRACTOR'S) policy. with that coverage being primary and non-contributory with any other policy(ies) available to the City. A copy of the endorsement shall be provided to the City. The limits of said insurance shall not. however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' \\ritten notice shall be given to the City prior to the cancellation of any policy. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City \\ithin 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration pages) on file from a previous contract and no changes in insurance coverage has occurred, only the Certification Form will he required. The Consultant shall verify, when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request, that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall he at all times as an independent ' v contractor. H:\File Svs\WTR-Drinking Water Utility\WTR-09- Plans\WTR-09-O0XX -2007 Water Use Efficiency Plan\2000_Consultant-RWBeck-contract- may2007.doc\AG 7 PI(t7za/Dila_('enter/forms/('its/('ontracts /2006 Consultant dos ,\hhrose l 02/06 bh/rev(t006 XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations. and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVII EXECUTION AND ACCEPTANCE waS This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the clay and year first above written. CONSULTANT CITY OF RENTON Signature Date Kathy Keolker, Mayor Date type or print name ATTEST: Title Bonnie 1. Walton, City Clerk 44.10 H:\File Sys\WTR-Drinking Water utility\WTR-00-Plans\WTR-00-O0XX -2007`Vater Use Efficiency Plan\2006 C'onsultant-RWBeck-contract- nuty2007.doc\ AG 8 Piaita/Data Center/Forms/Cite/Contracts /2006 Consultant doe \pproved 02/05 hh/reg 0005 IT A CITY OF RENTON WATER USE EFFICIENCY PLAN SCOPE OF WORK This scope of work is for the development of a comprehensive Water Use Efficiency Program Plan to provide the City with multiple approaches for reducing peak water use as well as average day consumption. This Plan will also meet the requirements of the recently enacted Municipal Water law for Washington State and specifically the Water Use Efficiency Rule (RCW90.03.015). The Water Use Efficiency Program will become an element of the City's Water System planning and management programs. It is envisioned that its development and implementation may occur over more than a one year period. Task 1 - Planning Requirements Data Collection/Reporting Review the scope and format of water use data collection in Renton. Develop reporting templates (if the DOH has not already developed such templates) for both consumption and production information, to facilitate updating and preparation of the required annual Performance Report to the Washington State Department of Health .r (DOH). No Work Product: Reporting templates for water use. Water Use Efficiency Measures Evaluate and select water use efficiency measures in cooperation with City staff, based on common practices and emerging approaches and technology for sustainable water use. This task will also include any recommendations for changes to City code that would promote water use efficiency. Work Product: Task memo describing selected water use efficiency measures. Task 2 - Distribution Leakage Standard Unaccounted-For-Water R. W. Beck will interview City engineering and maintenance staff on the existing leak detection program, including monitoring and results of leak detection, maintenance and replacement of meters, and reporting procedures. This will include effort to identify and quantify unmetered usage such as hydrant flushing, constniction uses, etc. Now lliv. IIJETK I'Helen transfer,Wl JE compliance'RentonScopere\May142007 doc Water Loss Control Action Plan The goal of the Water Use Efficiency Rule is to reduce distribution system leakage to 10 percent or less of water production. If the City's average distribution system leakage for the last three years does not meet the standard calculated in accordance with subsection (1) (b) (i) or (ii) of[WAC 246-290-820] preparation of a Water Loss Control Action Plan with proposed steps and a schedule for achieving this compliance as a goal will be made. The Plan will be coordinated with the goal setting process in Task 3. The Water Loss Control Action Plan will include a comprehensive approach for reducing reported losses; consider approaches for reporting water production and metered usage, and estimating unmetered water use. The Water Loss Control Action Plan shall include and address all items included in WAC 246-290-820 (4) (a) through (h). Automatic meter reading, and other available technology will be evaluated to collect and record usage data in a format consistent with the reporting template. Work Product: Water Loss Control Action Plan. Task 3 Goal-Setting and Performance Reporting Requirements Internal Goal Setting with Staff Work with City (Engineering) staff to develop short-term and long-term goals for water use efficiency that includes a schedule for implementation and recommended moi'" water use efficiency activities [WAC 246-290-830 (6)(c) and (d)] R. W. Beck shall also provide documentation that goal setting requirements have been met as described in WAC 246-290-830. Also address subsection (6) of section 830. With regards to (6)(a), forecasted demand and supply characteristics will be reviewed and the impact of any new, relevant information presented in recent studies shall be evaluated. Compliance documentation for subsections (6)(b), "Measurable outcomes..." shall be calculated and presented. Public Meeting Present the water use efficiency goals at a public meeting. Performance Reporting Prepare a template (if the DOH has not already developed such a template) for the annual performance report on the Water Use Efficiency Plan to customers and DOH. This report will be submitted to the City's customers and to DOH. Work Product: Goal setting memo and template for Water Use Efficiency Annual Performance Report. 2 R. W. Beck I Helen transfer\ROUE compliance,RentonScoperevMavl42007 doc ___ Task 4 Water Use Efficiency Plan Report Prepare a Plan describing the City's Water Use Efficiency Program summarizing the investigations, findings, conclusions, and recommendations. The report shall address and include subsection WAC 246-290-810(1). The Water Use Efficiency Program shall comply with subsection (3) of this section and include all the elements listed in the subsections of subsection (4). This report will include an executive summary that can be included as a chapter in the City's Water System Plan. It will also include appropriate documentation forms, and reporting templates. Submit a draft report for City staff review, revise the report to address comments, prepare and deliver 10 copies of the final report to the City. Council Meetings Present the Water Use Efficiency Plan to the City Council Utility Committee and to one meeting of the full Council. Work Product: Water Use Efficiency Plan. Task 5 Performance Report for DOH (Optional Task) At the City's request, prepare initial Performance report due to DOH by July 1, 2008. The report will be submitted in draft for City review, revise and a final report Now delivered to the City to submit to DOH. Work Product: 2008 Performance Report. low ] Ilelen transfer\VIII-,compliance\RentonScoperev:\lac 142007 doc R. W. Beck 3 ,h t' City of Renton Water Use Efficiency Plan Project Schedule ID Tack Name Duraton Start Finish June July August September October November December January February March April May June Ju 5/27 6/3 6/106/176/24 7/1 718 7/157/227/29 8/5 8/128/198/26 9/2 9/9 9/169/239/3010/7 0/1 0/2.0/2 11/4 1/1 1/1 1/2 12/212/9 2/1 212 2/3 1/6 1/131/201/27 2/3 2/102/172/24.3/2 3/9 3/163233/30 416 4/134/204/27 5/4 5/115/18525 6/1 6/8 6756/226/29 1 Task 1 30 days Frl 8/15/07 Thu 7/26/07 41, 111111111111111.1 2 Nonce to Proceed 0 days Fri 6/15107 Fri 6/15/07 .18/15 3 Planning Requirements 4 wks Fri 6/15/07 Thu 7/12/07 4 City Review Draft Reporting Templates 2 wks Fri 7/13/07 Thu 7/26/07 5 Final Reporting Templates 0 days Thu 7(26/07 Thu 7/26/07 .7/26 6 7 Task 2 60 days Mon 7/2/07 Fri 9/21/07 ' . 8 Leak Defection-Interviews With O&M 2 wks Mon 7/2107 Fn 7/13/07 I. 9 Prepare Water Loss Control Acton Plan 4 wks Mon 7116107 Fri 8/10/07 T 10 Draft Acton Plan-City Review 4 wks Mon 8/13/07 Fri 9/7/07 11 Update Action Plan 2 wks Mon 9110107 Fri 9/21/07 12 Final Water Loss Action Plan 0 days Fri 9/21/07 Fri 9/21/07 •_15/21 13 14 Task 3 30 days Mon 8124/07 Fd 11/2/07 15 Goal Setting 4 wks Mon 9124107 Fn 10/19107 16 Public Meeting 0 days Fri 10/19/07 Fri 10/19/07 *7110/19 17 Prepare Goal Setting Memo 2 wks Mon 10/22/07 Fri 11/2/07 18 Final Goal Setting Memo 0 days Fri 1112/07 Fri 11/2/07 :112 19 20 Task 4 65 days Tue 10/23/07 Mon 1/21/08 , . 71 Prepare Water Use Efficiency Plan 6 wks Tue 10/23/07 Mon 12/3/07 '" -"-'"'--'""'-- ""-' 22 City Review Draft Report 4 wks Tue 12/4/07 Mon 12/31/07 23 Update Water Use Efficiency Plan 3 wks Tue 1/1/08 Man 1/21108 24 Final Plan 0 days Mon 1/21108 Mon 1/21/08 :1/21 25 i 26 Task 5(Optional) 22 days Thu 5/15/08 Fri 5/13/06 Protect Radon non Task Progress Summary ^ Evternal Tasks Deadline ' Dare fn 525r07 Split Milestone • Protect Summary External Milestone• Pape 1 ,- a .x-kM► C. 't, Cost Summary for Engineering Services Water Use Efficiency Plan City of Renton Direct Salary Cost $26,950 Overhead Cost@184.24% $49,654 Subtotal $76,604 Net Fee@15% $11,490 Expenses $ 4,905 $92,999 Now l:\Helen transfer\WIJE compliance\Cost Summary for Engineering Services.doc L1Mkn ii L Labor Hour Details and Cost Summary City of Renton Water Use Efficiency Plan LABOR HOURS BUDGETED Staff Project Senior Project Senior Word Administrative Total Labor Expenses Sub- Total Title Director Analyst Manager Engineer Processing Assistant Hours Consultants Bill Rate $175 $145 $125 $103 $82 $83 TASK DESCRIPTION 1 Planning Requirements 8 24 60 140 24 48 304 $32,752 $940 $0 $33,692 2 Leak Detection 16 16 48 8 0 88 $10,400 $300 $0 $10,700 3 Goal Setting 8 40 24 16 88 $10,184 $590 $0 $10,774 4 Prepare Plan 16 16 24 160 32 248 $27,224 $720 $0 $27,944 5 Performance Report(2008) 10 16 24 16 66 $7,534 $2,355 $0 $9,889 Total 58 40 156 396 96 48 794 AMENDMENT TOTAL 10,150 5,800 19,500 40,788 7,872 3,984 $88,094 $4,905 TOTAL $92,999 Z:\Bushley\RentonCost EstimateTasks.xls ( (4. RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (I) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on ,job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements. governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The Cit of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials. the Mayor, the Affirmative Action Officer, — department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors. consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996 CITY OF RENTON: RENTON CITY COUNCIL: {ayor Council President Attest: Aunt re 4 City Cler! . H:\File Sys\WTR-Drinking Water Utility\WTR-09-Plans\WTR-09-00XX-_20)7 Water Use Efficiency P]an\2006 Consultant-RWBeck-contract- may2007.doc\AG L Piazza/Data (enter/l'orm (it\;('ontracts /200_Consultant doe \hhroved n2/U6 hh/reg U9U6 Nsie uift AFFIDAVIT OF COMPLIANCE hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) I. It is policy to offer equal ( Nanie of contractor/subcontractor/consultant/supplier) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. complies with all applicable federal, ( Name of contractorisuhcontractor/consultantisupplier) state and local laws governing non-discrimination in employment. II. When applicable, will seek out and 1 Name of contractor/suhcontractoriconsultant%supplier) negotiate with minority and women contractors for the award of ,,, vise subcontracts. Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. *.4810 H:\File Svs\WTR-Drinking Water titilitv\WTR-09-Plans\WTR-09-0OXX -2007 Water Use Efficiency Plan\2(106 Consultant-RWBeck-contract- ma)2007.doc\AG 13 I'iazzaiDataCenter/I arms/Cit\/('ontracts 2(100 Consultant doe Approved((2/0ig bh/rev0906 Ar OV BY CETT/COUNCIL Date 6 --//- z°7 COMMITTEE OF THE WHOLE COMMITTEE REPORT June 11, 2007 Minimum Annexation Size Guidelines (Referred February 12, 2007) The Committee of the Whole was briefed and recommends that no changes be made to the current annexation practices, at this time. However, the Administration is encouraged to track the costs and revenues generated by annexation activity and request budget increases to ensure the sufficient provision of services to all areas of the City as annexation occurs. Toni Nelson, Council Pre ident cc: Jay Covington Marty Wine Alex Pietsch APPROVED BY FINANCE COMMITTEE REPORT CITY COUNCIL May 21,2007 Date -1/-.V D 7 _Tame it) APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on May 21, 2007, claim vouchers 259842-260190 and 3 wire transfers, totaling $2,484,379.94 , and 680 direct deposits, payroll vouchers 144, and 0 wire transfer, totaling $1,272,762.44 . on Persson, Chair 1Qtai..\0 Denis Law, Vice-Chair Dan al77it ber APPfl0VED BY 1 FINANCE COMMITTEE REPOIW f CITY COUNCIL June 11,2007 Date -/1- aOO 7 APPROVAL OF CLAIMS AND PAYROLL,VOUCHERS The Finance Committee approves for payment on June 11, 2007, claim vouchers 259842-260799 and 6 wire transfers, totaling $5,873,252.52 , and 1364 direct deposits, payroll vouchers 304, and 0 wire transfer, totaling $4,305,742.92 . • Don Persson, Chair 4 ,1„(4,,,:). Denis Law, Vice-Chair Dan Clawson, Member APPROVED BY FINANCE COMMITTEE CITY COUNCIL COMMITTEE REPORT Date 1- X007 June 11, 2007 Group Health Cooperative Medical Coverage Agreement Annual Review (Referred June 4, 2007) The Finance Committee recommends concurrence in the staff recommendation to approve the annual renewal of the Group Health Cooperative medical coverage agreements as follows: LEOFF 1 (Law Enforcement Officers and Fire Fighters) Retirees (Contract Nos. 0057500 and 4057500); and all other City of Renton covered employees (Contract No. 1162600). Funding was previously approved by Council in the 2007 Budget. The revisions are applicable to all three of the renewal contracts. As in prior years, Group Health does not send confirming contracts for signature until mid year. The Committee further recommends that the Mayor and City Clerk be authorized to execute the contracts. // ' Don Persson, Chair j&et/t. Denis Law, Vice-Chair 001Dan Clawson, Member cc: Michael Webby Terri Shuhart i Arnmovrn BY TRANSPORTATION/AVIATION COMMITTEE CM/COUNCIL COMMITTEE REPORT June 11,2007 Date _-1/-fid?' 1 Airport Development Policy Priorities and Examining Alternatives (March 19, 2007) In April and May of 2007 the Transportation/Aviation Committee reviewed the key policy recommendation in the 2005 Renton Municipal Airport Development Study adopted by the city council in June 2005. The Committee has made a number of revisions in the development policies and recommends their formal adoption by the council. 7)%/1,6(-(Ls / ' l / Marcie Palmer, Chair 1 e - ,10(..... ____ Randy Corman, Vice-Chair ,,/,-5-21/122--e--- --(-------7------ 2 , . tion Persson,Member cc: Jay Covington,Chief Administrative Officer Alex Pietsch,EDNSP Administrator Gregg Zimmerman,PBPW Administrator Peter Hahn,Deputy PBPW Administrator—Transportation Connie Brundage,Transportation Administrative Secretary 2007 REVISED AIRPORT DEVELOPMENT POLICIES The Airport Development Policies below are revisions to the policies from the 2005 Airport Development Study adopted by Council on June 27, 2005. 1. Vision Statement for Renton Municipal Airport: a. The vision of Renton Municipal Airport is to be: i. The provider of safe, efficient, and customer-friendly general aviation facilities and services; ii. The airport of choice for aviation in Renton, the Kent Valley, and cities on the eastern shore of Lake Washington. iii. The launch site for Boeing aircraft manufacturing. 2. Airport Activity Mix: a. Retain a healthy mix of aircraft and activities on the airport by: i. Directing Airport staff to pursue technical solution to create an all-weather runway; ii. Pursuing the development of quality facilities with appropriate services as market opportunities appear, and; iii. Encouraging the development of hangars on the airport capable of storing light and medium piston and turbine aircraft. iv. Supporting Boeing production needs b. Seek to attract aircraft production, aircraft retrofitting, aviation education and other maintenance and repair services as market opportunities appear to add employment at the Airport. 3. Policies for Airport Development: a. Encourage the development of the old restaurant property; b. Provide a location for U.S. Customs and Border Protection, if economically feasible; c. Provide public access to the shoreline during normal business hours, and; d. Provide necessary services for the flying public; e. Provide fair access for everyone; f. Prefer strong consideration of public ownership interest in desired facilities or ground leases and rental of existing buildings; g. Consider contract facility operation, and other fiscally sound methods of high quality and enduring facility development and operation that would further the realization of the City's vision for the Airport; h. Evaluate the development of a new facility to include a restaurant at the site of the Chamber of Commerce building as the lease expires. A nvjBY PLANNING AND DEVELOPMENT COMMITTEE car COMM. COMMITTEE REPORT Data 6-//-A 007 June 11, 2007 Tree Retention and Removal Ordinance (Referred February 5, 2007) The Planning and Development Committee recommends concurrence in the staff recommendation to approve the Tree Retention and Removal Ordinance. The Committee further recommends that the ordinance be prepared for first reading. Nef in a-I4ej►darcc� Tern Briere, Chair 6.!1) Dan Clawson, Vice Chair OaACCO- 14((bC-- Marcie Palmer, Member cc: Alex Pietsch Terry Higashiyama Rebecca Lind Terry Flatley Mop led ‘-ll 02007 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3n3 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT REGARDING DISPOSITION OF LIBRARY CAPITAL ASSETS FROM THE KING COUNTY RURAL LIBRARY DISTRICT TO THE CITY OF RENTON IN THE EVENT OF CERTAIN ANNEXATIONS. WHEREAS, the King County Rural Library District (KCLS) provides library services to the citizens of unincorporated King County and those cities and towns within King County that have chosen to annex into KCLS, and WHEREAS, the City has not annexed into KCLS, and WHEREAS, the City has identified the unincorporated Fairwood potential annexation area and the West Hill potential annexation area as areas, all or a portion of which, might be annexed into the City, subject to the approval of the registered voters in those areas, respectively, as provided by law, and WHEREAS, any such successful annexation by the City would have the effect of removing the annexed areas from the jurisdiction of KCLS, and increasing the area and population served by the City's libraries, and WHEREAS, KCLS and the City now desire to memorialize their agreements regarding the transfer of library capital assets in the event of any such annexation in order to maintain the past, present and future library capital investments by the citizens of the affected area in a manner that will insure their continued access to appropriate library services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are authorized to enter into an interlocal cooperative agreement with KCLS entitled Agreement Regarding Disposition of Library Capital Assets in the Event of Certain Annexations. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1273:06/04/07:ch 2 /dopled 6-/1-ave ? CITY OF RENTON, WASHINGTON RESOLUTION NO. 1 8.8 7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL JOINT PURCHASING AGREEMENT WITH THE WASHINGTON SCHOOL INFORMATION PROCESSING COOPERATIVE IN ORDER TO JOINTLY BID THE ACQUISITION OF GOODS AND SERVICES. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington, provides for interlocal cooperation between government agencies; and WHEREAS, the city of Renton and Washington School Information Processing Cooperative (WSIPC) desire to utilize each other's procurement agreements when it is in their mutual interest; and WHEREAS, it is in the parties' mutual interest to jointly bid the acquisition of goods and services where such mutual effort can be planned in advance, and to authorize the acquisition of goods and services, and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder to other governmental agencies; and WHEREAS, this Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other government agencies; and 1 RESOLUTION NO. WHEREAS, each party reserves the right to contract independently for the acquisition of goods and services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity; and WHEREAS, under the Agreement, Renton and WSIPC may purchase from either of each others' contracts that were awarded based on a bid; and WHEREAS, it is necessary to document the terms and conditions of the Interlocal Joint Purchasing Agreement between the City and WSIPC; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are authorized to enter into an Interlocal Joint Purchasing Agreement with the Washington School Information Processing Cooperative. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1275:06/06/07:ch 2 CITY OF RENTON, WASHINGTON 14dopied (-!/-AZ 7 RESOLUTION NO. 3 885 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOOPERATIVE AGREEMENT WITH THE WASHINGTON STATE MILITARY DEPARTMENT AND DEPARTMENT OF HOMELAND SECURITY, ENTITLED EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG), CONTRACT #E07- 363 WHEREAS, the Department of Homeland Security provides emergency management performance grant funds to local jurisdictions that have emergency management programs to support their emergency management operating budget, in an effort to enhance their emergency management program, and WHEREAS,the City of Renton has such emergency programs, and WHEREAS, the Department of Homeland Security provides such funds to the Washington Military Department, which manages the funds and reporting requirements, and WHEREAS, it is necessary to document the terms and conditions under which the grant will be managed; and WHEREAS, the City of Renton stands to obtain a grant in the amount of$66,714.00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are authorized to enter into an interlocal agreement with the Washington Sate Military Department and Department of Homeland Security for an Emergency Management Performance Grant (EMPG), Contract#E07-363. 1 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1269:5/16/07;ch 2