Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, November 4, 2019 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION a) Senator Bob Hasegawa - State Bank Briefing 4. PUBLIC HEARING a) 2nd Public Hearing: 2019 - 2020 Mid-Biennial Budget Update 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of October 28, 2019. Council Concur b) AB - 2506 Executive Department reappoints the following individuals to the Renton Municipal Arts Commission with terms expiring December 31, 2022: Ms. Marsha Rollinger; Mr. Bill Huls; and Mr. David Samek. Council Concur c) AB - 2507 City Clerk submits the King County Boundary Review Board Closing Letter for the proposed Bill Annexation; and recommends adopting the related ordinance to effectuate the annexation. Council Concur d) AB - 2499 Community & Economic Development Department recommends setting a public hearing on November 18, 2019 to consider designating Lot 2 of LUA16-000960 (Parcel 722780241) as a public alley. Refer to Transportation (Aviation) Committee; Set Public Hearing 11/18/2019 e) AB - 2496 Community Services Department recommends waiving parking fees, in the total amount of $150, for volunteers working at the Piazza Renton Tree Lighting Event scheduled for November 30, 2019. Council Concur f) AB - 2501 Executive Department recommends approval of the award letter for the 2019 Washington State Military Department and Department of Homeland Security Emergency Management Performance Grant (EMPG), in order to accept up to $58,013 in grant funds to be used to assist the City's emergency management program. Council Concur g) AB - 2505 Transportation Systems Division recommends adoption of an ordinance that authorizes changing the speed limit from 25 mph to 20 mph on non-arterial residential neighborhood streets on a case-by-case basis, and establishes a procedure to evaluate and decide upon speed-limit-lowering petitions submitted by residents. Refer to Transportation (Aviation) Committee h) AB - 2500 Utility Systems Division submits CAG-19-175, contractor Sierra Pacific Construction, LLC; and requests approval of the project and release of the retainage bond after 60 days, once all the required releases from the State have been obtained. Council Concur 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Committee of the Whole: 2019/2020 Mid-biennium Budget Adjustment* b) Community Services Committee: Parks Commission Code Update*; Municipal Arts Fund Code Update* c) Finance Committee: Vouchers; HMA Health Benefits Contract; Kaiser Permanente Benefits Contract; Symetra Life and Disability Contract; Amending RMC Title V* 9. LEGISLATION Ordinances for first reading: a) Ordinance No. 5937: 2020 Authorizing Property Tax Increase (See Item 8.a) b) Ordinance No. 5938: 2020 Establishing Property Tax Levy (See Item 8.a) c) Ordinance No. 5939: 2019/2020 Mid-Biennium Budget Amendment (See Item 8.a) d) Ordinance No. 5940: Add RMC 5-5-7 - Refund of License Fee (See Item 8.c) e) Ordinance No. 5941: Amend RMC 5-6 - Admission Tax Provisions (See Item 8.c) f) Ordinance No. 5942: Repeal RMC 5-7 - Entertainment Device (See Item 8.c) g) Ordinance No. 5943: Amend RMC 5-8 - Gambling Tax (See Item 8.c) h) Ordinance No. 5944: Amend RMC 5-11 - Utility Tax (See Item 8.c) i) Ordinance No. 5945: Amend RMC 5-25 - B&O Taxes (See Item 8.c) j) Ordinance No. 5946: Amend RMC 5-26 - Tax Administration (See Item 8.c) k) Ordinance No. 5947: Parks Commission Code Revision (See Item 8.b) l) Ordinance No. 5948: Municipal Art Fund (See Item 8.b) m) Ordinance No. 5949: Bill Annexation (A-18-002) (See Item 7.c) n) Ordinance No. 5950: #D-155 - TUP Criteria for Wireless Facilities (Approved 8/12/2019 via Planning & Development Committee Report) o) Ordinance No. 5951: #D-157 - SEPA Amendments (Approved 8/12/2019 via Planning & Development Committee Report) p) Ordinance No. 5952: #D-158 - Design District for CO (Approved 8/12/2019 via Planning & Development Committee Report) q) Ordinance No. 5953: #D-159 - Phasing Large Scale Projects (Approved 8/12/2019 via Planning & Development Committee Report) r) Ordinance No. 5954: #D-160 - Construction & Demolition Materials Diversion (Approved 8/12/2019 via Planning & Development Committee Report) Ordinances for second and final reading: s) Ordinance No. 5935: Verizon Small Cell Franchise (First Reading 10/28/2019) t) Ordinance No. 5936: New Cingular Wireless Small Cell Franchise (First Reading 10/28/2019) 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - 7th Floor - Council Chambers Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings October 28, 2019 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES ‐ City Council Regular Meeting 7:00 PM ‐ Monday, October 28, 2019 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Persson called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Don Persson, Mayor Pro Tem Randy Corman Ruth Pérez Armondo Pavone Councilmembers Absent: Council Position No. 3 Vacant Ryan McIrvin Ed Prince MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS RYAN MCIRVIN AND ED PRINCE. CARRIED. ADMINISTRATIVE STAFF PRESENT Alex Tuttle, Assistant City Attorney Jason Seth, City Clerk Gregg Zimmerman, Public Works Administrator Jennifer Henning, Planning Director Bonnie Woodrow, Court Services Director Commander Tracy Wilkinson, Police Department SPECIAL PRESENTATION a) State of the County: King County Councilmember Reagan Dunn presented the annual State of the County Address, providing an update on the following topics: King County's current budget. Programs and services in Renton that were supported through King County's budget. Homelessness and affordable housing issues, programs, and governance. Improvements and modifications to Metro Transit services in Renton. Update on King County Flood District projects. Parks and Open Spaces purchases AGENDA ITEM #7. a) October 28, 2019 REGULAR COUNCIL MEETING MINUTES AUDIENCE COMMENTS Jason Collins, Renton, spoke about a number of issues. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of October 21, 2019. Council Concur. b) AB ‐ 2497 Administrative Services Department recommended adopting several ordinances amending Title V, Finance and Business Regulations, of the Renton Municipal Code. Refer to Finance Committee. c) AB ‐ 2459 Community Services Department recommended approval of an ordinance amending Renton Municipal Code (RMC) 2‐9, to revise Parks Commission regulations. Refer to Community Services Committee. d) AB ‐ 2479 Human Resources / Risk Management Department recommended approval of the Healthcare Management Administrators (HMA) Services Agreement Fee Schedule, in the amount of $306,500, for processing medical and dental claims for City employees. Refer to Finance Committee. e) AB ‐ 2488 Human Resources / Risk Management Department recommended approval of the Kaiser Permanente (formerly Group Health) contracts, in the amount of $192,750, for active employees and LEOFF I retirees. Refer to Finance Committee. f) AB ‐ 2490 Human Resources / Risk Management Department recommended approval of the Symetra Service Agreement, in the amount of $154,000, which provides basic life insurance to regular employees, and disability insurance to AFSCME and non‐represented employees. Refer to Finance Committee. g) AB ‐ 2498 Municipal Court recommended approval of the following division reorganization: Create a series for the existing Judicial Specialist position (JS I salary grade a08, JS II salary grade a12); change Court Operations Specialist from salary grade a10 to a15. Council Concur. MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation, including revisions requested by the Committee, to enter into a franchise agreement with Seattle SMSA Limited Partnership d/b/a Verizon Wireless for the provision of a telecommunications network for small cell technology within the City of Renton. The Committee further recommended the ordinance regarding this matter be presented for first reading and subsequent adoption. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #7. a) October 28, 2019 REGULAR COUNCIL MEETING MINUTES b) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation to enter into a franchise agreement with New Cingular Wireless PCS, LLC for the provision of a telecommunications network for small cell technology within the City of Renton. The Committee further recommended the ordinance regarding this matter be presented for reading and adoption. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation to execute Change Order No. 10 to CAG‐17‐174 with Laser Underground & Earthworks, Inc. in the amount of $216,051.04 for additional and authorized work related to the installation of the new water mains for the Renton Hill Utility Replacement Project. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Otak, Inc. in the amount of $189,602.40 for design services for the Monroe Avenue NE Storm Improvement Project Phase 1. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Utilities Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the Water Quality Stormwater Capacity Grant Agreement No. WQSWCAP‐1921‐Renton‐00019 with the Department of Ecology for up to $50,000 in non‐matching funds to assist the city in complying with the requirements of the Western Washington Phase II Municipal Stormwater Permit. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Planning & Development Committee Vice‐Chair Pérez presented a report concurring in the staff and Planning Commission recommendation to allow the Administrator to waive the requirement that projects must be in new structures to qualify for MFTE. The Planning and Development Committee further recommended that an ordinance for this item be prepared and presented for first reading when it is complete. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Planning & Development Committee Vice‐Chair Pérez presented a report recommending concurrence in the staff and Planning Commission recommendation to adopt the 2019 Title IV Docket 14 Group D. The Planning and Development Committee further recommended that ordinances for the items listed below be prepared and presented for first reading when they are complete. #D‐166: Street Trees #D‐168: Open Space Requirements MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #7. a) October 28, 2019 REGULAR COUNCIL MEETING MINUTES LEGISLATION Ordinances for first reading: a) Ordinance No. 5935: An ordinance was read granting to Seattle SMSA Limited Partnership d/b/a Verizon Wireless and its affiliates, successors and assigns, the right, privilege, authority and nonexclusive franchise for five years, to construct, maintain, operate, replace and repair a telecommunications network for small cell technology, in, across, over, along, under, through and below certain designated public Rights‐of‐Way of the City of Renton, Washington. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. b) Ordinance No. 5936: An Ordinance was read, granting to New Cingular Wireless PCS, LLC and its affiliates, successors and assigns, the right, privilege, authority and nonexclusive franchise for five years, to construct, maintain, operate, replace and repair a telecommunications network for small cell technology, in, across, over, along, under, through and below certain designated public Rights‐of‐Way of the City of Renton, Washington. MOVED BY PÉREZ, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinance for second and final reading: c) Ordinance No. 5934: An ordinance was read amending Chapter 3‐10 of the Renton Municipal Code, creating a new full‐time judicial position, providing for severability, and establishing an effective date. MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 7:48 P.M. Jason A. Seth, CMC, City Clerk Jason Seth, Recorder Monday, October 28, 2019 AGENDA ITEM #7. a) Council Committee Meeting Calendar October 28, 2019 November 4, 2019 Monday 4:30 PM Finance Committee, Chair Pavone – Council Conference Room 1. HMA Health Benefits Contract 2. Kaiser Permanente Benefits Contract 3. Symetra Life and Disability Contract 4. Amending RMC to Comply with Updated Tax Model Ordinance 5. Vouchers 6. Emerging Issues in Finance CANCELLED Transportation Committee, Vice Chair Corman 5:30 PM Community Services Committee, Member Corman – Council Conference Room 1. Parks Commission Code Update 2. Arts Commission Code Update 6:00 PM Committee of the Whole, Chair Persson – Council Chambers 1. Budget Adjustments Follow-up 2. Drag Racing Update 3. Parks, Recreation and Natural Areas Plan Update 4. Emerging Issues AGENDA ITEM #7. a) AB - 2506 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: Reappointments to Renton Municipal Arts Commission RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive Department STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: No fiscal impact. SUMMARY OF ACTION: Mayor Law reappoints the following for a term expiring 12/31/22: Ms. Marsha Rollinger Mr. Bill Hulls Mr. David Samek EXHIBITS: A. Recommendation Memo STAFF RECOMMENDATION: Confirm Mayor Law's reappointments of Ms. Rollinger, Mr. Hulls and Mr. Samek to the Renton Municipal Arts Commission. AGENDA ITEM #7. b) DEPARTMENTOFCOMMUNITY&ECONOMICDEVELOPMENTMEM0RANDUMiervr,/T15DATE:October15,2019—LUWTO:DenisLaw,Mayorj3OFROM:C.E.“Chip”Vincent,CEDAdministrator(.L’#’’SUBJECT:RequestforReappointmentstotheRentonMunicipalArtsCommissionThismemorandumistorequestreappointmentofthefollowingRentonMunicipalArtsCommissionmembers,whosetermsexpireDecember31,2019.Ifreappointed,theirnewtermswillexpireonDecember31,20.3’MarshaRollingerisanartistandgraphicdesignerwithherownfirmandhasbeenanassettotheCommissionduringherterm,servingastheRMACVice-Chairin2014,CoChairin2015,andChairin2016.ShehasbeenfullyengagedintheworkoftheCommissionandhasbeenincrediblyactiveinthecreationandimplementationofpublicartthroughouttheCity.MarshawasinstrumentalintheconceptanddeliveryoftheRooftopDragoninstallation,aswellastheSunsetFenceproject,theArtGardenonWellsAyesSandmultiplemuralsinthedowntown.BillHulsistheArtisticDirectorattheRentonCivicTheatre.BillhasservedontheCommissionsince2011andiscurrentlyactingastheCommissionviceChair.Bill’sinvolvementwiththeCommissionincludeshisserviceontheVacancyCommittee;taskedwithscreeningqualifiedcandidatestofillemptyseatsontheCommissionandhiscontinuedeffortstonurtureourcommunity’saspiringartistsandothersthroughperformance-basedandtheatreeducationprogrammingandsupport.DaveSamekjoinedtheCommissionin2017.Dave’spersonalconnectionsasaRentonbasedmusicianhasbeenintegralinstrengtheningtheCommissionstiestothemusicsceneinthecommunity.DavehasbeenactivelyinvolvedintheorganizationandimplementationofRMACeventsincludingtwoone-daymusicfestivalscelebratingbandsofthePacificNorthwestandtheNewYear’sEvebandstagefortwoyearsinarowindowntownRenton.TheRMACisdelightedthatMarsha,BillandDavecontinuetoexpressawillingnesstoservetheircommunityandrequestthatyouforwardtheirnamestotheRentonCityCouncilwithyourrecommendationfortheirreappointmenttotheRentonMunicipalArtsCommissionforafullthree-yearterm.h:\ced\planning\communftyplanning\artscommission\commissioners\2019\cedmemotocouncilviamayor_reappointment_1O.15.2019.docxAGENDA ITEM #7. b) AB - 2507 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: Proposed Annexation - Bill A-18-002 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: On June 3, 2019 City Council held a public hearing in the matter of the proposed Bill Annexation. Following that public hearing, Council accepted the 60% Direct Petition to Annex and authorized the Administration to forward a Notice of Intent to the King County Boundary Review Board (BRB). On September 18, 2019 the BRB issued a Closing Letter indicating its approval of the annexation. The next step is for Council to adopt the ordinance annexing the Bill annexation area. In 2007, this area was pre-zoned by Ordinance #5254, which will become effective when the annexation ordinance becomes effective. EXHIBITS: A. King County Boundary Review Board Closing Letter B. Ordinance STAFF RECOMMENDATION: Adopt the ordinance effectuating the Bill annexation. AGENDA ITEM #7. c) WashingtonStateBoundaryReviewBoardForKingCountyYes/erBitilding,400Yes/erWay,Room205,Seattle,WA98104Phone:(206)477-0633.www.kingcountygov/brbCITYOFNTC’:September18,2019R(IVFDAngieMathias,LongRangePlanningManagerOCT42019Dept.ofCommunity&EconomicDevelopmentiVELOPMEjJ1SERV!CEi3CityofRenton1055GradyWayRenton,WA98057RE:CLOSINGLETTERFORCOMPLETEDACTION-FileNo.2395-CityofRenton—BillAnnexationDearMs.Mathis:WearewritingtoadviseyouthattheBoundaryReviewBoardhasnowcompletedtherequiredevaluation,asspecifiedinRCW36.93,fortheabove-referencedproposedactionfiledwiththeBoardeffectiveJuly24,2019.TheBoundaryReviewBoardalsoprovideda45-daypublicreviewperiod,asprescribedbyRCW36.93.TheBoardreceivednorequestforapublichearingofthisproposedactionduringthepublicreviewperiod.TheBoundaryReviewBoard,therefore,herebydeemsthisproposedactionapprovedeffectiveSeptember9,2019.Finalapprovaloftheproposedactionisalsosubjecttothefollowingactions,whereapplicable:1.SewerandWaterDistrictactionsandsomeotheractionsarealsosubjecttoapprovalbytheMetropolitanKingCountyCouncil.IftheCouncilmakeschangestotheproposal,theBoardmaythenberequiredtoholdapublichearing.2.FilingwithKingCountyoffranchiseapplication(s),asrequired,accompaniedbyacopyofthisletter.3.filingwithKingCountyofpermitapplication(s),asrequired,accompaniedbyacopyofthisletter.[OVER]AGENDA ITEM #7. c) Page2fileNo.2395CityofRenton—BillAnnexation.September18,20194.FulfillmentofallotherstatutoryrequirementsandlorproceduresspecifiedinyourNoticeofIntention.5.Notificationinwritingofyourintendedeffectivedateofannexation.Thisnotificationshouldbeprovidedasearlyaspossible.Pleasesendthisinformationto:KarenWolf,SectionManagerStrategicPlanningandPolicySectionKingCountyOfficeofPerformance,StrategyandBudget(OPSB)401FiflhAvenue,Suite$10Seattle,Washington9$1046.FilingwithKingCountyCouncilof:(1)onecertifiedcopyoffinalresolutionorordinanceaccomplishingthisproposedaction;and(2)acopyofthisletter.ThisdocumentshouldbefiledwiththeClerkoftheCouncil(Attn:MelaniPedroza),KingCountyCourthouse,Room1200,Seattle,Washington9$104.Ifyouhavequestionsorwouldlikeadditionalinformation,pleasecontactourofficeat(206)-477-0633.Sincerely,LenoraBlaumanExecutiveSecretarycc:MelaniPedroza,ClerkoftheCouncilMikeReed,CouncilAdministrationDaveWilson,ElectionsDivisionLindaWilder,DepartmentofAssessmentGenelleWoodbuiy,WLRDToniCarpenter,KCGISLydiaReynolds-Jones,Manager,ProjectSupportServicesReySugui,KCDOTJaniseFessenden,SeniorDatabaseSpecialist,KingCounty911ProgramDirector,DepartmentofPermittingandEnvironmentalReview(DPER)KarenWolf,OfficeofPerformance,StrategyandBudget(OPSB)SteveHirschey,DepartmentofNaturalResourcesConnieWong,FacilitiesManagementDivision,RealEstateSectionFORM13AGENDA ITEM #7. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (BILL ANNEXATION; FILE NO. A‐18‐002). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written annexation petition was presented and filed with the City Clerk on or about November 27, 2018; and WHEREAS, the area to be annexed, known as the Bill Annexation, is 8.5 acres and is located at the eastern portion of the City limits. It is bordered by parcel lines to the north, Toledo Avenue SE to the east, a parcel line in proximity of SE 140th Street (if extended) to the south, and 152nd Ave SE to the west. The boundaries to the north and east are coterminous with existing City limits. The Property is legally described and depicted in Exhibit A, attached hereto and made a part hereof as if fully set forth (the "Property" or "area to be annexed"); and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property owners of not less than ten percent (10%) in value, according to the assessed valuation for general taxation of the area to be annexed, notified the City Council of their intention to commence the direct petition for annexation proceedings; and WHEREAS, after a public hearing, it was determined that the petitioning owners agreed to accept that portion of the City's Comprehensive Plan as it pertains to the area to be annexed including the applicable zoning regulation relating thereto; and WHEREAS, the King County Department of Assessments examined and verified the signatures on the petition for annexation on or about April 8, 2019, and determined that the AGENDA ITEM #7. c) ORDINANCE NO. _______ 2 signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as required by RCW 35A.14.120; and WHEREAS, the Department of Community and Economic Development of the City of Renton considered and recommended that the City of Renton annex the Property; and WHEREAS, consistent with RCW 35A.14.130, the City Council set June 3, 2019, in the City Council Chambers, City Hall, as the time and place for a public hearing on the petition with notice as required by law; and WHEREAS, pursuant to notice, the public hearing was held at the time and place specified, and the City Council considered all matters in connection with the petition and determined that all legal requirements and procedures applicable to the RCW 35A.14.120 petition method for annexation have been met; and WHEREAS, a "Notice of Intention," including all required information for review of the annexation, was transmitted to the King County Boundary Review Board and approved as of September 9, 2019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the Property is hereby approved and granted; the Property being contiguous to the city limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after AGENDA ITEM #7. c) ORDINANCE NO. _______ 3 the approval, passage, and thirty (30) days after publication of this ordinance; and on and after said date the Property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; and the owners of the properties within the area to be annexed shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2095:10/22/19 AGENDA ITEM #7. c) ORDINANCE NO. _______ 4 EXHIBIT “A” LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY AGENDA ITEM #7. c) ORDINANCE NO. _______ 5 AGENDA ITEM #7. c) AGENDA ITEM #7. c) AB - 2499 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: Public Alley Designation within Lot 2 of Renton Land Use Action LUA16-000960 RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Vanessa Dolbee, Current Planning Manager EXT.: 7314 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: In 2011, the City adopted the Sunset Area Community Planned Action. As a part of this process, the tract noted as a “public use area” located between Jefferson Ave NE and Index Ave NE was identified to be an alley and intended to be developed as a green connection (see figures from the Sunset Area Community Planned Action). This tract included the old Highlands Library site at 2902 NE 12th St. When the City sold this building to the Renton Housing Authority, a short plat was completed to allow the alley po rtion of the property to stay within City ownership (see LUA16-000960 Decision). Despite the City’s efforts over the years to identify this parcel as an alley, a formal decision to memorialize this parcel as an alley has not been brought before Council. At this time several property owners utilize this gravel alley as means of vehicular access to their homes. Designating this parcel as a “public alley” would allow the City to improve the access to meet current City standards for alleys, memorialize the access for the property owners that currently utilize the alley, and allow future developments to be alley accessed. EXHIBITS: A. Site Map B. Figures from the Sunset Community Planned Action C. LUA16-000960 Decision D. Plat Map STAFF RECOMMENDATION: Set November 18, 2019 as a public hearing to consider designating Lot 2 of LUA16 -000960 (Parcel 722780241) as a public alley. AGENDA ITEM #7. d) 4,514 376 Jefferson Alley This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 10/21/2019 Legend 2560128 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov City and County Labels City and County Boundary Addresses Parcels Streets Points of Interest Parks Waterbodies Extent2010 AGENDA ITEM #7. d) SUNSET AREA COMMUNITY PLANNED ACTION FINAL NEPA/SEPA ENVIRONMENTAL IMPACT STATEMENT • VOLUME 1 • APRIL 2011 Issued by: City of Renton NEPA Responsible Entity and SEPA Lead Agency Prepared in partnership with: Renton Housing AuthorityRenton Housing Authority AGENDA ITEM #7. d) NE 12TH ST NE 7 T H S TEDMONDS AVE NEHARRINGTON AVE NENE SUNSET BLVDMONROE AVE NEBLAINE AVE NENE 16 T H S T ABERDEEN AVE NEOLYMPIA AVE NESUNSET BLVD NENE PAR K D R NE 10TH ST NE 6TH P L NE 10TH PL DAYTON AVE NENE 9TH STLYNNWOOD AVE NEINDEX AVE NEJEFFERSON AVE NENE 8T H P L NE 11TH ST NE 17TH PL KIRKLAND AVE NENE 8TH S T NE 9TH PL NE 7TH PL NE 11TH PL SUNSET LN NENE 15TH ST NE 13TH PL NE 21ST ST INDEX PL NENE 20TH ST GLENWOOD AVE NENE 19TH ST INDEX CT NENE 17TH STKIRKLAND PL NENE 18TH ST CAMAS AVE NENE 13 T H S T NE 6TH C I R FERNDALE CIR NENE 15TH PL NE 14TH ST MONROE AVE NEDAYTON AVE NENE 18TH ST GLENWOOD AVE NENE 9TH ST NE 20TH ST INDEX AVE NEABERDEEN AVE NENE 21ST STNE 21ST ST NE 13TH ST NE 14TH ST NE 21ST ST NE 8TH PL KIRKLAND AVE NESUNSET LN NENE 7TH STNE 8T H S T N E 1 0 T H S TDAYTON AVE NEINDEX AVE NENE 10TH STKIRKLAND AVE NENE 8TH ST NE 10TH PLDAYTON AVE NELYNNWOOD AVE NENE 20 T H S T CAMAS AVE NEFigure 2-1 Planned Action Study Area Sunset Area Community Planned Action Final NEPA/SEPA EIS Source: City of Renton; King County 00593.10/GIS - Revised: 10/12/2010City Limits Planned Action Study Area Subarea Central North South Sunset Mixed Use Potential Sunset Terrace Redevelopment 0 500 1,000 Feet AGENDA ITEM #7. d) NE 12TH ST EDMONDS AVE NEMONROE AVE NEHARRINGTON AVE NENE SUNSET BLVDI- 4 0 5 F RW Y SUNSET BLVD NENE 6TH ST NE 7TH STABERDEEN AVE NERAMPNE 9TH ST NE PARK DR BLAINE AVE NENE 16TH ST NE 6TH PLOLYMPIA AVE NE126TH AVE SE NE 23RD PL NE 5TH PL NE 21ST ST NE 23RD ST MONTEREY AVE NENE 10TH ST NE 24TH ST DAYTON AVE NENE 22ND PL NE 10TH LN QUEEN AVE NELYNNWOOD AVE NESHELTON AVE NEINDEX AVE NENE 7TH PL WINDSOR W AY NE NE 8TH PL NE 1 7 T H P L KIRKLAND AVE NENE 10TH CT NE 8TH ST C AM A S A V E N E NE 9TH PL NE 22ND ST NE 11TH PLJEFFERSON AVE NENE 3RD ST NE 15TH ST NE 6TH CT NE 13TH PL HI L L C R E S T LN N E INDEX PL NENE 20TH ST PIERCE AVE NEREDMOND AVE NE NE 19TH ST NE 4TH CTLINCOLN AVE NENE 5TH STNE 5TH CT NE 18TH ST NE 24TH CT LINCOLN PL NENE 23RD CTNE 21ST ST NE 22ND ST LYNNWOOD AVE NENE 8TH PL NE 21ST ST SHELTON AVE NEQUEEN AVE NENE 9TH ST INDEX AVE NENE 6TH PL NE 8TH STCAMAS AVE NEMONTEREY AVE NERAMPKIRKLAND AVE NEKIRKLAND AVE NEOLYMPIA AVE NEINDEX PL NE NE 23RD ST DAYTON AVE NENE 7TH S TNE 6TH PLMONROE AVE NENE 16TH ST NE 5TH PL NE 10TH ST SHELTON AVE NENE 5 T H P L INDEX AVE NECAMAS AVE NENE 19TH ST Figure 2-18 Public and Open Spaces Sunset Area Community Planned Action Final NEPA/SEPA EIS Source: City of Renton 00593.10/GIS - Revised: 11/30/2010City Limits Planned Action Study Area Parcels Green Connections Sidewalks Pedestrian Connection OpportunityPublic and Open Spaces School Renton Housing Authority City of Renton 0 500 1,000 Feet AGENDA ITEM #7. d) !R!R!R!R!R!R!((2 Lanes)(3 Lanes)(2 Lanes) (4 Lanes) JOHNS CREEK MAY CREEK JOHNS CREEK - SUNSET TERRACE NE 12TH ST NE 7TH ST EDMONDS AVE NEHARRINGTON AVE NENE SUNSET BLVDMONROE AVE NESUNSET BLVD NEBLAINE AVE NEN E 1 6 T H S T ABERDEEN AVE NEN E P A R K D R NE 10TH ST NE 6TH PL NE 10TH PL DAYTON AVE NELYNNWOOD AVE NEINDEX AVE NEJEFFERSON AVE NEN E 8 T H P L KIRKLAND AVE NENE 8TH ST NE 9TH PL NE 9TH ST NE 7TH PL NE 11TH PL NE 11TH ST NE 17TH PL SU NSE T LN NE NE 15TH ST NE 13TH PL INDEX PL NENE 21ST ST NE 20TH ST GLENWOOD AVE NENE 19TH ST IN D EX C T N ENE 17TH STKIRKLAND PL NENE 18TH ST CAMAS AVE NENE 13TH ST NE 6TH CIR NE 18TH PL FERNDALE CIR NENE 15TH PL NE 14TH ST MONROE AVE NECAMAS AVE NENE 7TH ST NE 14TH ST ABERDEEN AVE NENE 20TH ST NE 21ST ST N E 13T H STDAYTON AVE NEINDEX AVE NENE 8TH ST N E 10T H ST NE 10TH PL NE 8TH PL NE 6 T H P L NE 21ST ST NE 10TH STDAYTON AVE NEINDEX AVE NENE 9TH ST DAYTON AVE NES UNS E T L N NE LYNNWOOD AVE NEKIRKLAND AVE NEN E 20TH STFigure 3.3-1 Potential Regional Stormwater Facilities and Green Connections Sunset Area Community Planned Action Final NEPA/SEPA EIS Source: City of Renton; King County 00593.10/GIS - Revised: 2/23/2011City Limits Planned Action Study Area Parcels !(Regional Stormwater Facility Green Connections !R!R!R Permeable Sidewalk Alley Woonerf Green Access Green Collector Arterial (# Lanes) Drainage Facility Sub-Basins JOHNS CREEK MAY CREEK JOHNS CREEK - SUNSET TERRACE 0 500 1,000 Feet ± AGENDA ITEM #7. d) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D__Old Highlands Library_170301_v1 A. ADMINISTRATIVE REPORT & DECISION DECISION: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED REPORT DATE: March 1, 2017 Project Name: Old Highlands Library Short Plat Owner: City of Renton, 1055 S. Grady Way, Renton, WA 98057 Applicant/Contact: Michael Kirk, City of Renton, 1055 S. Grady Way, Renton, WA 98057 Cassandra Haavisto, Northwest Select Real Estate, PO Box 489, Maple Valley, WA 98038 File Number: LUA16-000960,SHPL-A Project Manager: Matthew Herrera, Senior Planner Project Summary: The City of Renton's Community Services Department is requesting an administrative short plat to subdivide the former Highlands Library property located at 2902 NE 12th Street into two lots and modify the property boundary to the southeastern adjacent lot. The existing properties total 146,561 square feet (3.36 acres) and are zoned Residential 14 (R-14) and Center Village (CV). The short plat would result in the former library site to be subdivided into two lots; Lot 1 comprised of 1.40 acres (61,133sf) and Lot 2 comprised of 1.64 acres (71,628sf). The short plat would separate the northern alley from the former library property and provide a lot line adjustment with the neighboring property located at 2908 NE 12th Street resulting in a boundary consistent with the current fence line separating the properties. No construction improvements are proposed with the short plat application. Project Location: 2902 NE 12th St. Site Area: 3.36 acres AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 2 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 B. EXHIBITS: Exhibit 1: Staff Report Exhibit 2: Short Plat Plan Exhibit 3: Proposed Sunset Area Street Classification Exhibit 4: Sunset Area Community Planned Action Environmental Impact Statement (EIS) C. GENERAL INFORMATION: 1. Owner(s) of Record: Michael Kirk, City of Renton, 1055 S. Grady Way, Renton, WA 98057; Edwin McRory, MJS LLC, PO Box 489, Maple Valley, WA 98038 2. Zoning Classification: Residential-14 (R-14) and Center Village (CV) 3. Comprehensive Plan Land Use Designation: Residential High Density and Commercial and Mixed Use 4. Existing Site Use: Vacant former library building, alley, and abutting apartment building 5. Critical Areas: Wellhead Protection Zone 2 6. Neighborhood Characteristics: a. North: R-14; various single-family and duplex dwellings b. East: CV and R-14; Fire station and various single-family and duplex dwellings c. South: CV; Multi-family and shopping center d. West: R-14; Various single-family and duplex dwellings and school 6. Site Area: 3.36 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Sunset Area Planned Action EIS LUA10-052 N/A 06/06/2011 Epstein Annexation N/A 1246 04/16/1946 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: Water service is provided by the City of Renton. There is an existing 8-inch water main in NE 12th St. AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 3 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 b. Sewer: Sewer service is provided by the City of Renton. There is an existing 8-inch gravity sewer main in NE 12th St. c. Surface/Storm Water: An existing 12-inch stormwater main is located in NE 12th St. 2. Streets: The subject property fronts NE 12th Street a collector street currently improved with pavement, curb, gutter, sidewalk, and streetlights. 3. Fire Protection: Renton Fire Authority F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 Property Development Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivision 5. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on December 22, 2016 and determined the application complete on January 18, 2017. The project complies with the 120-day review period. 2. The project site is located at 2902 NE 12th Street. 3. The project site is currently developed with the City’s former Highlands Library building (now vacant) and an unimproved alley. 4. Access to the site remains as existing with two 14-foot wide driveways (one-way in and one-way out) along the NE 12th St. frontage. The unimproved alley also remains unchanged with access approximately 16-feet wide located on Harrison Ave NE between NE 16th St. and Index Ave NE. 5. The property is located within the Residential High Density Comprehensive Plan land use designation. 6. The site is located within the Residential-14 (R-14) zoning classification. 7. There are approximately 53 trees located on site. No trees are proposed to be removed. 8. The site is mapped with a Wellhead Protection Area Zone 2. 9. No construction or the need to cut and fill soils is proposed with the application. 10. Proposed Lot 3 alterations as shown on the short plat map (Exhibit 2) are limited to a lot line adjustment along the abutting Lot 1. Lot 3 is zoned Center Village (CV). The proposed adjustment will follow the existing fence line that is currently acting as a property boundary for the former library on Lot 1 and AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 4 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 apartment building on Lot 3. The lot line adjustment will not result any change to existing vehicle access to Lot 3 or for the lot to become nonconforming with regard to building setbacks, driveway setbacks, or lot size. 11. Proposed Lot 2 currently functions as an alley and is referred to as such in the Proposed Sunset Area Street Classification (Exhibit 3) and Sunset Area Community Planned Action EIS (Exhibit 4). 12. Staff received no public or agency written comments during the 14-day comment period. 13. 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 this report. 14. Comprehensive Plan Compliance: The site is designated Residential High Density (RHD) on the City’s Comprehensive Plan Map. The purpose of the RHD designation is to allow a variety of unit types where there is appropriate access, topography, and adjacent land uses. RHD unit types are designed to incorporate features from both single-family and multi-family developments, support cost-efficient housing, facilitate infill development, have close access to transit service, and efficiently use urban services and infrastructure. Lands designated RHD are where projects will be compatible with existing uses and where infrastructure is adequate to handle impacts from higher density uses. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis Policy L-2: Support compact development to improve health outcomes, support transit use, maximize land use efficiency, and maximize public investment in infrastructure. Policy L-51: Respond to specific site conditions such as topography, natural features, and solar access to encourage energy savings and recognize the unique features of the site through the design of subdivisions and new buildings. Policy L-56: Preserve natural landforms, vegetation, distinctive stands of trees, natural slopes, and scenic areas that contribute to the City’s identity, preserve property values, and visually define the community and neighborhoods. 15. Zoning Development Standard Compliance: The purpose of the Residential-14 Zone (R-14) is to encourage development, and redevelopment, of residential neighborhoods that provide a mix of detached and attached dwelling structures organized and designed to combine characteristics of both typical single family and small-scale multi-family developments. Structure size is intended to be limited in terms of bulk and scale so that the various unit types allowed in the zone are compatible with one another and can be integrated together into a quality neighborhood. Project features are encouraged, such as yards for private use, common open spaces, and landscaped areas that enhance a neighborhood and foster a sense of community. Civic and limited commercial uses may be allowed when they support the purpose of the designation. The proposal is compliant with the following development standards if all conditions of approval are met: Compliance R-14 Zone Develop Standards and Analysis N/A Density: The density range permitted in the R-14 zone is a minimum 7.0 up to a maximum of 14.0 dwelling units per net acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 5 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 Staff Comment: Not applicable. No residential development is proposed for short plat. The short plat will result in one lot to accommodate the former Highland’s Library building and one lot to continue to serve as an alley for the abutting residential properties. Lot Dimensions: The minimum lot size permitted in the R-14 zone is 3,000 sq. ft. for detached dwellings. There is no minimum lot size for attached dwellings. A minimum lot width of 30 feet is required (40 feet for corner lots) and a minimum lot depth of 60 feet is required. The following table identifies the proposed approximate dimensions for Lots 1 and 2 Proposed Lot Lot Size (sq. ft.) Lot Width (feet) Lot Depth (feet) Lot 1 61,133sf 215ft 429ft Lot 2 71,628sf 65ft 1259ft Staff Comment: The proposed lots meet minimum lot size, width, and depth requirements; however neither lot will accommodate dwellings. Lot 1 is the former Highlands Library and Lot 2 will continue to be used as an alley for abutting residences. Setbacks: The required setbacks in the R-14 zone are as follows: front yard is 15 feet except when all access is taken from an alley then 10 feet, side yard is 4 feet for detached units, for attached units the side yard is 0 feet for the attached sides and 4 feet for the unattached sides, side yard along the street 15 feet, and the rear yard is 10 feet. Staff Comment: The former library building (Lot 1) is currently setback 102ft. from the front property line along NE 12th St., 81-feet from the east side property line, 29-feet from the west side property line, and 173-feet from the proposed rear property line. No setbacks will be applicable for Lot 2 as it functions as an alley. Building Standards: The R-14 zone has a maximum building coverage of 65% and a maximum impervious surface coverage of 80%. In the R-14 zone, a maximum building height of 3 stories with a wall plate height of 24 feet is permitted. Roofs with a pitch equal to or greater than 4:12 may project an additional six (6) vertical feet from the maximum wall plate height. If the height of wall plates on a building are less than the stated maximum the roof may project higher to account for the difference, yet the combined height of both features shall not exceed the combined maximums. Common rooftop features, such as chimneys, may project an additional four (4) vertical feet from the roof surface. Non-exempt vertical projections (e.g., roofs pitched less than 4:12, decks, railings, etc.) may extend up to six (6) vertical feet above the maximum wall plate height if the projection is stepped back one-and-a-half (1.5) horizontal feet from each minimum building setback line for each one (1) vertical foot above the maximum wall plate height. Wall plates supporting a primary roof surface that has only one (1) sloping plane (e.g., shed roof) may exceed the stated maximum if the average of wall plate heights is equal or less than the maximum wall plate height allowed. Staff Comment: Building coverage for proposed Lot 1 is approximately 10-percent. No buildings are proposed Lot 2. Impervious coverage for Lot 1 is approximately 34- percent. Lot 2 is currently unimproved with areas of compacted gravel and vegetation and approximate impervious surface percentage of 27-percent. The wall plate height for the existing library building is one story and approximately 13-feet. AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 6 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 N/A Maximum Number of Units per Building: In the R-14 zone, no more than 6 units per building are permitted. Staff Comment: Not applicable. No dwellings units are proposed. Landscaping: The City’s landscape regulations (RMC 4-4-070) require a 10-foot landscape strip along all public street frontages. Additional minimum planting strip widths between the curb and sidewalk are established according to the street development standards of RMC 4-6-060. Street trees and, at a minimum, groundcover, are to be located in this area when present. Spacing standards shall be as stipulated by the Department of Community and Economic Development, provided there shall be a minimum of one street tree planted per address. Any additional undeveloped right-of-way areas shall be landscaped unless otherwise determined by the Administrator. Where there is insufficient right-of-way space or no public frontage, street trees are required in the front yard subject to approval of the Administrator. A minimum of two trees are to be located in the front yard prior to final inspection for the new Single Family Residence. Staff Comment: Lot 1 (former library) abuts NE 12th St and currently provides a 15-foot wide landscaping strip along the frontage. The landscaping contains 4 large and mature Western Red Cedar trees and shrubs. Currently there is no landscape strip within the ROW between the sidewalk and street. No improvements are proposed with the short plat and therefore no frontage improvements, including the street classification’s 8-foot planter strip, are being constructed with this application. Future improvements on Lot 1 that exceed construction cost thresholds would require the need for constructing the planter strip. Tree Retention: The City’s adopted Tree Retention and Land Clearing Regulations require the retention of 20 percent of trees in a residential development. Significant trees shall be retained in the following priority order: Priority One: Landmark trees; significant trees that form a continuous canopy; significant trees on slopes greater than twenty percent (20%); Significant trees adjacent to critical areas and their associated buffers; and Significant trees over sixty feet (60') in height or greater than eighteen inches ( 18") caliper. Priority Two: Healthy tree groupings whose associated undergrowth can be preserved; other significant native evergreen or deciduous trees; and Other significant non- native trees. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained, unless the alders and/ or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. A minimum tree density shall be maintained on each residentially zoned lot. Lots developed with detached single family dwelling units in the R-14 zone are exempt from the minimum tree density requirements. For multi-family development, the minimum tree density is four (4) significant trees for every five thousand (5,000) square feet. The tree density may consist of existing trees, replacement trees, trees required pursuant to RMC 4-4-070F1, Street Frontage Landscaping Required, or a combination. AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 7 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 Staff Comment: No trees will be removed with the proposed short plat. Compliance not yet demonstrated Parking: Parking regulations require that a minimum of two parking spaces be provided for each detached dwelling. Parking regulations require that a minimum and maximum of 1.6 spaces be provided per 3 bedroom or large dwelling unit; 1.4 spaces per 2 bedroom dwelling unit; and 1.0 space per 1 bedroom or studio dwelling unit. Driveway cuts are required to be a minimum of 5 feet from property lines and new driveways may be a maximum of 16 feet in width at the property line. Maximum driveway slopes shall not exceed fifteen percent (15%); provided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence or crossing any public sidewalk. Staff Comment: The former library (Lot 1) contains 26 parking spaces. No new use has been proposed for the site. Any future use in the existing building will be required to demonstrate compliance with the parking requirements. Driveway cuts for Lot 1 are set back 8-feet on the west driveway and 12-feet on the east driveway. Lot 2 will be continue to be used as an alley for abutting property owners with no parking requirements N/A Fences and Retaining Walls: In any residential district, the maximum height of any fence, hedge or retaining wall shall be seventy two inches (72"). Except in the front yard and side yard along a street setback where the fence shall not exceed forty eight inches (48") in height. There shall be a minimum three-foot (3') landscaped setback at the base of retaining walls abutting public rights-of-way. Staff Comment: Not applicable. No fences or retaining walls are proposed. 16. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The site is within a Wellhead Protection Area Zone 2. No improvements are proposed with the short plat application. Any future construction on the site will be required to comply with the Critical Areas regulations. 17. Compliance with Subdivision Regulations: RMC 4-7 Provides review criteria for the subdivisions. The proposal is consistent with the following subdivision regulations: Compliance Subdivision Regulations and Analysis Access: Each lot must have access to a public street or road. Access may be by a shared driveway per the requirements of the street standards. The maximum width of single loaded garage driveways shall not exceed nine feet (9') and double loaded garage driveways shall not exceed sixteen feet (16'). Staff Comment: Access to the site will remain unchanged. There are currently two 14-foot wide driveways serving the former library site (Lot 1). Access to the alley (Lot 2) remains in its current location on Harrington Ave NE. and approximately 16-feet wide at the intersection. N/A Blocks: Blocks shall be deep enough to allow two tiers of lots. Staff Comment: No blocks are proposed. AGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 8 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 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- 14 zone and allow for reasonable infill of developable land. All of the proposed lots meet the requirements for minimum lot size, depth, and width. Staff Comment: As discussed under FOF 14 both lots meet the minimum lot dimensional requirements for the R-14 zone. Lot 1 is not rectangular; however it is a large lot with 168 linear feet of frontage along the street and an average lot width of 215-feet. Adequate developable area of the lot is demonstrated by the existing 6,160sf foot building and 26- space surface parking lot. Lot 2 does not resemble a typical lot shape or orientation as it has and will in the future function as an alley for abutting residential properties. Streets: The proposed street system shall extend and create connections between existing streets per the Street Standards outlined in RMC 4-6-060 Street Standards. Staff Comment: No street improvements are proposed with the short plat application. Lot 1 is abutting NE 12th Street. Frontage improvements would be required for future improvements to Lot 1 should the construction costs exceed the current exemption level. Lot 2 is currently unimproved and functions as an alley for the abutting properties. The proposed Sunset Area Street Classification (Exhibit 3) identifies Lot 2 as NE 16th Alley and Jefferson Alley NE. The Sunset Area Community Planned Action EIS (Exhibit 4) provides a concept for Lot 2 as a possible candidate for the Green Connection Low-Impact Development stormwater program with an alley/woonerf. Improvements to the alley would likely be constructed as part of a capital improvement plan and/or incrementally with abutting residential development. Relationship to Existing Uses: The proposed project is compatible with existing surrounding uses. Staff Comment: The proposed short plat would not change the existing nature of the subject property and remains compatible with surrounding uses. Any future use of the former library building will be required to meet current zoning use and development regulations. The alley (Lot 2) provides the preferred vehicle access for the R-14 zoning designation. 18. Availability and Impact on Public Services: Compliance Availability and Impact on Public Services Analysis Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed short plat. No fire impact fees are required at this time. Impact fees may be required for future improvements on the site. N/A Schools: No dwelling units are proposed and therefore no impacts to the Renton School District are anticipated. N/A Parks: No dwelling units are proposed and therefore a Parks Impact Fee is not required. Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: No improvements are proposed with the short plat application and therefore no drainage system improvements are required at this time. Future improvements may require upgrades to the existing drainage infrastructure. AGENDA ITEM #7. d) ReportDate:March1,2017Page9of10nowaterimprovementsarerequiredatthistime.Futureimprovementsmayrequireupgradestotheexistingwaterinfrastructure.SanitarySewer:Noimprovementsareproposedwiththeshortp/atapplicationand“thereforenosanitarysewerimprovementsarerequiredatthistime.Futureimprovementsmayrequireupgradestotheexistingsanitarysewerinfrastructure.I.CONCLUSIONS:1.ThesubjectsiteislocatedintheHighDensity(HD)ComprehensivePlandesignationandcomplieswiththegoalsandpoliciesestablishedwiththisdesignation,seeFOE14.2.ThesubjectsiteislocatedintheResidential-14(R-14)zoningdesignationandcomplieswiththezoninganddevelopmentstandardsestablishedwiththisdesignationprovidedtheapplicantcomplieswithCityCode,seeFOE15.3.TheproposedshortplatcomplieswiththeCriticalAreasRegulationsprovidedtheapplicantcomplieswithCityCode,seeFOE16.4.TheproposedshortplatcomplieswiththesubdivisionregulationsasestablishedbyCityCodeandstatelaw,seeFOF17.5.TheproposedshortplatcomplieswiththestreetstandardsasestablishedbyCityCode,seeFOE17.6.Thereareadequatepublicservicesandfacilitiestoaccommodatetheproposedshortplat,seeFOE18.J.DECISION:ITheOldHighlandsLibraryShortPlat,EileNo.LUA16-000960,SHPL-AasdepictedinExhibit2,isapproved.DATEOFDECISIONONLANDUSEACTION:SIGNATURE:Applicant:CityofRentonMichaelKirk10555.GradyWayRenton,WA98057Applicant:NorthwestSelectRealEstateServicesCassandraHaavistoP0Box489MapleValley,WA98038TRANSMuTEDthis;stdayofMarch,2017tothePartiesofRecord:PaulRusso1217JeffersonAveRenton,WA98056Frederick&CherieCrothamel72175E29thSt.MercerIsland,WA98040CityofRentonDepartmentofCommunity&EconomicDevelopmentOLDHIGHLANDSLIBRARYSHORTPLATAdministrativeReport&DecisionLUAI6-000960,SHPL-A)JenniferHenning,PlanningDirecrTRANSMITTEDthis;stdayofMarch,2017totheOwner/Applicant/Contact:t(tfTDateOldHighlandsLibraryShortPlantAdminReportOldHighlandsLibraryAGENDA ITEM #7. d) City of Renton Department of Community & Economic Development Administrative Report & Decision OLD HIGHLANDS LIBRARY SHORT PLAT LUA16-000960,SHPL-A Report Date: March 1, 2017 Page 10 of 10 Old Highlands Library Short Plant D__Old Highlands Library_170301_v1 TRANSMITTED this 1st day of March, 2017 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Lillian Watson, Property Services Vanessa Dolbee, Current Planning Manager Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. 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 March 14, 2017. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. EXPIRATION: The administrative short plat decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-7-070.M. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body 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 approval body finds sufficient 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 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. AGENDA ITEM #7. d) An Engineering Services CompanyAGENDA ITEM #7. d) NE 16TH STINDEX AVE NE JEFFERSON AVE NE HARRISON AVE NEINDEX AVE NE An Engineering Services Company11255 Kirkland Way, Suite 300Kirkland, WA 98033p. 425.827.2014 | f. 425.827.5043......................................................Civil | Structural | Planning | Surveypaceengrs.comAGENDA ITEM #7. d) ΔJEFFERSON AVE NE HARRISON AVE NE NE 12TH ST NE 13TH STINDEX AVE NE An Engineering Services Company11255 Kirkland Way, Suite 300Kirkland, WA 98033p. 425.827.2014 | f. 425.827.5043......................................................Civil | Structural | Planning | Surveypaceengrs.comAGENDA ITEM #7. d) 50'60' 63' 6 0 '60'60'60'60'50'50'60'60'60'50'60' 95' 125' 125'60'100'60'59'135'86'91'161'50'50'60'60'6 0 ' 6 0 ' HARRINGTON AVE NE AND NE 12TH ST INTERSECTION: THE EASTBOUND ANDWESTBOUND APPROACHES ARE REQUIREDTO BE RESTRIPED IN ORDER TO INCREASETHE NUMBER OF LANES. EDMONDS AVE NE AND NE 12TH ST:AN ADDITIONAL SOUT HBOUND LEFT TURNPOCKET AND WESTBOUND RIGHT-TURN POCKET WOULD BE REQUIRED. UV900 North H ig hlan dsPark an dNeighborhood Ce nter Highlands P arkand N eighb orho odCenter May CreekPark May CreekPark SunsetCourtPark ABERDEEN AVE NE NE 20TH PL NE 17TH CT PEDESTRIAN WALK BLAINE CT NE NE 15TH PL NE 19TH PL DAYTON PL NE NE 7THST NE10THST NE 9TH ST NE 12TH ST EDMONDSAVENENESUNSETBLVD HARRINGTONAVENENE 20TH ST SE 104TH ST BLAINEAVENEI NDEX PL NENE 17THPL NE 9TH PL OLYMPIAAVENEDAYTONAVENENE 17TH ST NE6THPL MONROEAVENESUNSETBLVDNENE 7TH PL NE 21ST ST NE 10TH CT FERNDALE CT NEN E 8 T H S T NE6THCIR HILLC R ESTLNNENE11THCT NE 13TH PL KI R K L A NDAVENEN E 8 T H P L FERNDALEAVENE 125THAVESENE 7TH CT N E16TH STLYNNWOODAVENEHARRINGTON PL NENE 11TH ST NE 10TH PL NE 15TH STNE 18TH ST NE14THSTN E 13THSTCAMAS PL NEJEFFERSONAVENENE10THLN NE 19TH ST FERNDALEPLNEJEFFERSONALYNEINDEXAVENE PIERCE PL NEN E 16THALY NE 11TH PL NE 9TH ALY HARRINGTONALYNEN E P A R K D R NE6THPLALY NE 10TH ALYCAMASAVENEABERDEENPLNE KIRKLANDPLNEINDEXC TNEFERNDALE CIR NEGLENNWOODAVENE 126THAVESEPIERCEAVENENEWPORTAVENESUNSET LN NEHARRING T O N CIRNE EDMONDS PL NECAMASALYNEFER N DALEALYNEDAYTONALYNESE105TH PL DAYTON CT NENEWPORT CT N E· Proposed S unset Area Street Clas sification01,000500FeetDate: 09 /19 /201 3 Path: H:\C ED\Pl anning\G IS \GIS_projects\Sunset Area\mxds\proposed Suns et Area street cl assification 24x36 A pri l2013.mxd Reference Scale: 1:3,600 Sunset Area Boundary Current R-O-W width Mitigation measure Harrington Ave NE and 12th St Intersection Mitigation measure Edmonds Ave NE and NE 12th St Street Classification, Proposed Width Principal Arterial, 91-125' Minor Arterial, 91'-125' Collector, 83'-94' Mixed Use-Commercial, 69'-80' Sunset 60, 58'-60' Residential, 53' Limited Residential, 45' Sunset 60' AGENDA ITEM #7. d) SUNSET AREA COMMUNITY PLANNED ACTION FINAL NEPA/SEPA ENVIRONMENTAL IMPACT STATEMENT • VOLUME 1 • APRIL 2011 Issued by: City of Renton NEPA Responsible Entity and SEPA Lead Agency Prepared in partnership with: Renton Housing AuthorityRenton Housing Authority AGENDA ITEM #7. d) CORRECTED PLAT 7Re____n__Lqgf?ghlonés No._2_""7. SHEET 7 ,c L E G E N D C, "f/7:/rd’re/-/'21.7’/rm r RENTON -WASHINGTON “<22”;/ ze;::2”5”;f§‘::a,/ €952“/”:"‘% _______::PROP.-I-EOUNDARV , / ,/3]4/,3/,»,€%¢/kg/‘%;/zb? _:''{;o?a—.-:r'-»-_,_:"Bouuog?v nommsm 4’‘W?’/"74 ’V/”g 9 ’”x’’’C ’/”’/’’"’/// SHEET.‘-___—::-‘::—_0————_§i{N'.:'§EwERSI___.-~---.._..___ ' Ii-'l2§t_-‘f‘§~M/{us __:.___::__:.5 ’De8C on 6 (/2?fear///V/7 ;=___§;'}f-F(_E1-."-‘i’-I-:F"I'-(7NUP1EH‘r_‘._$:_ :-""075.-___-.-2’z2§e__x_,v'~?/z/xv//?_:_g5"__l;:_3""_ “EV "AP %'“"”"..=-5*"/~““"""’.’.2-//”"’~‘M?K?";*’/W’//«E22;/éa‘/z:44/2/.9 723/V R ffl//7 ////i (om/ '/5"/I"/”’??/”4-5/???’It/Z?./u:/9%//$94é/2/Pd//Z‘///4///V?érr///:°//f/é/4.5/.rr— ' N 4%/74 /./_._.;% h »‘.7:-/'0/ffm?/57//W//{V4//3'6’(4:/(tr (M///70/2 ré 5::/fms 8 44/9,—23-9:94/ :._-.="'r.//4/,=/4;?"7fém=:__é’/‘ax‘ac ;'—L";2_:=_4g/7,7/‘fame 5?59 ‘wk:‘.5 1474/2 »~.._,_/9///K/4 4 z'r/"cm///fax?}=__._;?/¢/Jr ?ame a/my so//(war /9 /{= %°élCQElOII '°.-:?"'/’/7_._4."9;~“/:57’-_/7'4’7 W674’<535 3"?'00?1370 ?aw: —__--'—__£7 5 .45°0/3”7%519'"/7/Fe’//ca/1’6533 ‘ya "x/<92:Ware /may Au /*/E/Varr 7//:.¢4=,_e/_7£5£/L//*.~»“//o/W //v ///y/rm £74755 5 ‘/.'f’.'_'W'037/ff«9,__f4’/7{.?,:'c=t"""c‘=-«?.2i_fa6‘I2 ‘E /2_/J3 We//ta 0/,4/ya?/(,4,as///my /,7‘/e;-";«,gy/—(/p /M///'4-/y//g,/{.1 '--.5’/'*=a/‘a&~.:’/_./«/#37 W646?5 53""/k'¢.-;;7"c'./._7,;;-'?'a'¢.".=z=_,gA9d/aa’/7/ ?ea-/y/°c/4/<7 /’/’//57;?/a/J/7/Z53/’.;%'_tg/9.:/0 /54//J‘:’0/%v////it ,_:fg'/.//m?=’b//4-’f'=Jo_._;'xi/e’.r//'?27r,:«7a/22‘?////7ao__;é,_r4;"'/'_7a"17.r.9 an//6, y/g/g/I g//5//z'%_;Lg‘//5///7?ypp?4;////ta WP/2'!‘0 .75 /0/7}!,7 _ O//."(6%/7 we ///'/rv//42//y//;.yy'/243:5w'_X//)m//.¢/:/o7//.///'%%0/5'°’€/‘W 5"’//(<?j'=/7'0'=/_‘.4.-4’--'54?-"U/-_._z"&___..-'5"/347"/a//"x~x’20/z«/:12’ /Jr /7§-rm £7/a///z_/7¢///o/"<5/.////y?rm.4/5.?a//205/;4/7/70 Mk/ffa?ée %:;'_m/{/_er,=4-"'60//7/?_gs'%4.-—'-'a”cr/__c_‘>"/'2;-.44//3,km.» -- ’A.’aaa9;<r'//cam:/,/Z92?///°w'a22<2.4’-+/zz/y/f /1/¢@‘20',?p7.//%/j ///4;/?aw eamr/'¢:7?7/r?/_JV/é////f2."’//////K//4/yr ///gm”5.0.1/?y-;:J_,/Z_5 l_/;_/I,-mtg /}‘,£.Z0.,,//V /a//7 /./32%”? ///""5 ?’-’-"3;4”’“7’%’/5'7’-%’/5/W74???’’/3'”5."0‘.?/‘09”//4776/%""cr 52-725‘;-’/"'/x/.2/478 /c’4'.,/6’W ‘y/'o37/ /a//an/2;/,5J/so-'-‘Le //_/,5//9/77__a=%.¢_.4//‘//er./a,<'Ez;/__y%/1%/9//ma/C ,7?59'2a‘f "M 3£a"%.,==-.;_y?’a//_-J?.<‘._.,z7'°y/'0 jfa of ?aw ta/7 aka///Avgm"?/Zé/~,=.--'/4%W /«Kr ax/g/zzé a/5 <98'+/I/v’7'f.40344 /i _ r’/7.4:’5 cr;._‘g;"4//a/zm/’/a 4/a//r’ /M/.c/M?//J///>_%e 4'%''y/4'¢/g?2.¢a/7}i/é*yk%%/y/~?g..f—’_.~=/"3//é’/_g?’§@,«“«sv;«7/wgwaggrv./«'./0~>"<-3%”4 /-9,?rm’.428; V 4////are 5/re'¢o/.'$~:"""a/’e-,7//416""'4//jaw?5/(Q/a:a.g._-:."%:%.¢x/4:3%’/gm"'"”"$22.30 Zc’/7a;.3?5/'/:f;"Z*‘q//,/s'f9./2’.//0//‘.2’‘/4;//$10/3/777/;£:"&//}‘-/ §’f'6JZ!Z7:/7 1' //7 ///7/YE.5‘.$'//A/f/P50/‘/arc’-E-¢rr_§W/9.q_s*;'/4a7'r"/fa/7%“m/4?/‘Ce /f/7 ?y‘//¢/?y//'3/aw /arm/2 /a/av/4'/5%/a=/2/é=/as a/7/J/I"?/?ar.re'a/<'/57:33.3-;__4éy5'.4245"?/_3.f'6§''3";/74'-/V70/;//;/yf/V[«4/}’?.5",///a/o/_/awry’/a////2,/Y 9 41¢//aw/.%’///‘ ///Y/ff?J/~"'/"/'z=<.._<='__=q,_¢_¢_7_/.2>2*},2/r_;,_'é./f . K ‘Q’ /z/my /y 4/2/?rww //é—//a/Xv/{¢4/ref xloyrgamfz/919:/1/c/4?4?-féé0%,, f//7,4/rzf /~/55/V/V,/z/4-/z_/av.//of/xv?at//V/a“/7%*»?r7/5:5)‘_.6:‘1 ‘zifzae «c» 'Z1 5;, ~erhjucahon =»//,W:; '"’*‘"/5 4//49,/2 J4’-4’/-17/;am ,A/4.://my/9/2 /V,/V///'9 5;/:73Z-//.4i?0ZQ_='::'}//K-V?ff?’/?/7'/f4/"cf?/.4‘/5714:/e/(4/ker/'44/zé/2/3.////4-0/," "/‘' , /‘/y /"é"'e'é 62//?/4/fr//X/7’/‘//‘//9;3'-’/”‘7’/5/7-4/7///27%/2%//$6/é/¢//74"/Y/V/}’/5//6,4/../:4/J/&¢'(;‘Z _ ‘M /a”(/'’¢(v /’/do /a'ca_r§’:r///L’/__é_7/M/c’:=:.':7€//’z"24-Z3,‘/Q;'z;";!:.—-i'f'xfzk,—__A'c'a/A‘4///P/2'/aw;/f,Mdférx?ér//4//9%’/ca O A 1‘.—,._______4{i§—?Z€//9;/4?;/(gkzrE/<_.-‘aw;///(I/f/;(;/i//7g:7//a/A///::—’,_<??/;?//?//fr/om /'/////Z/“re////2//>~/// ac////;':»:"Q [Q Qjnel -n J/7 ,-_:_"["-_T'./V47 /9’.are a___-'-'//?g -,’-{_*//iv/.*'a r 4.//r /(a//'J—---—-w——-—-1-_~/vK=_z/'t»«2.<?é/_r_./M//x',«—.%/._4=.4:_r¢*7//Iiz?4/“Z/mém.4-‘:4//vz/J1é:_z«;_/_«:>.("/z/9 7»a"¢'///§¢éz//xx” 5/7475 0/(41//'0?/I/4 ks‘?_ I -, I ~//%/é/f///é/K./%/?/,-:77/Z’‘f4'_7__/2'?"/a,.?_,;7/f//f_27'/44%’_'_._"'/rI_s,<-.v'/2///r'yta//a*%x¢q';_2av’//c’//var,//7/ /??/V/}&r’5%’/f’/264/1/K/J‘('0 ‘-7/Wk/5*3'2/4,//K}//V//¢/::/é//35321--/€éJ:f75§/$55///.??f2?:?‘{/>5/E;7§»‘::fgf/Liééa/WWM' ‘ /4 a _{ea_c../7?/?f/;4/”W,/I M //-We ,4 ’/9?’"““R./~ G Q :5"/‘=5."_£_="*7--r"-'=.-- .////c,/at/.5‘0//?g!’a/m’m’./é /Var/zzf,/0//7:/my/zxé /e’'6?/'7//m"'4‘f%”'---’-"7"”"’3"7/4“”9”z_:-/2‘)/”"’7-“P”. ?x/€504 A//a//4*.//A’//zk?/qv//7;%%m//aw;am/A4/0 ¢c/w4%///é //72 ?y//I .~z¢‘/7a7’¢M/>104/r//Z454/rm , "‘ ‘ ._.__;=;,,,4-, £5 //5 gr44./M/an/&¢z/a///%n/?/?r are;471/A [M/p//ze/4/2/4//mm“////$_Z _05/0/‘£3.-_=;._.,_._sLA’!/5f,.>_T~’:§_.7//6/2:"/660/4-]'.'¢/lg‘/H/0//?t’5/‘ /M///pres ?r/2'//'2M//Ir/é:7m(/////V555 my A".., ‘ '/6f‘77*~2 2.j, 0/’?_t_"/T70/Y ?/2’zga--/ {W/9f"/fan/an/:7 /c/4‘/J/a/?«’%y47/gza//Av/Z /W(//;//t,\kW/_(:‘/“</(K/Kg//§g<I;”nv'.-inydga/»rM{__é_:s"5/1'-P//,/2'wr(:_-:>< 4/”4”"67’..4;42_'-4=..4‘<=C/anew:4%c.,....-/A?‘//m 1/5 :7 ;//9/4:.Lg}4/‘/yrs ""'¢/’”"-"*Z"//.1"-Z":‘Z273.‘=‘-7‘X‘ 7"”’°"//0/9 /7:/}///C /2%m/a///r 5/mé a/. “‘‘‘‘/2 --3'fawn/r_.._'Ky/lg?1/4 .”M}"‘«‘-=’«’¢~:,««—.—=/»r~V »Hf xi . /4/"a//7/a4/2//rs/day p/__J".;_n_ffggg/;5¢Q,_{£,/,’_-.44/evrono/er,(7/aK/mé ‘~/'4!x?54157/Zyw ?;/2-77 Jv Comm /'J.7/on cw’/3//‘es __Qg2’_/[ / /55__é AC/??/436"d///d/?//dV(':/d 6 _Ag_§_,__/7//.9)?’’7 ‘ ’//Md AGENDA ITEM #7. d) /V 86"2a'3a "M ‘<1 ‘H.0 Y. SK 3 Q x.3 9 Y311*3°‘cm I\ ‘u '\ .3 ‘C1 3 N H 3 'IN N I "'1 O an E,.. 4 all»,3 0_§-5':5 H,7 |\,4 3 K o,.we 45 2 ‘ -'-'~‘"'=°'«—=,;'.:;°g.,«..>—we —~%=-s=<91°.‘3 3 ";/‘Jo 9~. V _ W:._: rt :.~;v\ "u t 9§=v,\o ‘S,/o ,3?‘1//2 13:‘,3 H 6.‘ In‘;’E J_e_~a= __.__°t-,°_9.2:,»_€e,-.o L. /Y0'J7"?V >704/_ H P/. ‘—';7‘a—-‘*5’:72*».7‘~’*_?7.7«“ 2/ac-4a'r¢ I44 $V “Ks3N \[K.VR‘: §Q Q '3 \V>‘rs’/o:7.ao -—.. \ 0 Ifno.9 \,0 5.-,7:r.$>°M; D ‘e O .3Q 3 ‘.::s..‘Q N "‘N. N ‘7-“._: ‘—‘s; 9--‘N’ (>a<)-._____..7--E -————_.....SEE IN‘T‘ mo 0 0 my ,,,, /.77 \K()0-—-—'—-Q 5":fX(1:u7'w’:Mum/~Val 4 //7,‘,1 ,AGENDA ITEM #7. d) "-:..___,__.. :Z~::::"_'-:-.-..-..____EE ___j '""" '"HR.=IOO FT. __/442.0?___________- I _,4/0 /a ///./V 24 1/.26 4__ /7 ~7 ,, _ I .:fr—_-::..—.g ..—_p#i :'32-.1 Yr -:«Y T '- |1 I ‘»_'—¢. ,2.‘!3 '.‘~'fZ='<u K “5'3’-'3532%. -<N V '1 \§9 ‘‘uft%'3 r g-Edi. '\g I HYK{Q 'r)‘3.=§<. \“J\m}\;"'o ‘ ,‘I 551 yr L No H I +(N c,,“i I 504 32 , \.+;\.v ‘ °‘3 ’:yg."*Q“~ *4 \3‘§‘«.‘=-I}2 \u,‘<w E J‘3 3 SK '=;9,WE‘ ,.-~~:* \ ——-A’./"o3'oZ'E-'1'" 1 .O/I ,1.»_*’<1'2'Mary‘r:“.5/.1’/.17 JG _,.“,._7.1’oC*9OICu.,».5.421/_z.6 .s—aa':z'»ar1'4:"»./25737 /0 >z_.;‘{‘...L_~-/0547 Or/are/34“,4VE./V-0,_L_/cooE/V-—:08‘:2 ‘11.‘!267 /a U /J/»O ‘gyacz /0 o /49.0 \M?I ‘ V:,\MVQ M”.2 ::-«'2 ,_.,g 7-'.In :-vs."='2 2 "3*9 2%EN:N ‘‘ 2515 t "6 \>‘E Q q"°4 104.05 “E I 1/5'/7 _:aaa«_ 93.0!‘$700 04 °'-""3 °7 7°°3 4/.o';777z‘»/ 940 7o.a T /y?éf /V /40.0 '°‘-°'00 O 'J._/ W > /8 ‘ L /30 ()/'/do 3:‘ I3A /Vii"?Ki‘! K.\';><%av » /22.0 ".,[\/A/2.7.6):/0-1,0 J_/00.0 ‘”"“//.2._n‘5' “H /7051/5 (/55 ,4/254 I I sovr-4In3?»(\-'4 AGENDA ITEM #7. d) ..\so./3..Wk..unu$Q\Z“.40...1|.l!-1“ll\A“‘lI““|...““win»u\».\..\+1V1\~.w...?.mML.mz5r..\)1M).0ium5,._<93K).,\J1,./_. .CM.4.. 69rtE_....... .4zW.6.........z4n.4H.... .T5Hu._. H. .... C5f.,.... 5.,A _ /Ja. fRZ.5 T /< ,) 23/6‘7?Q‘//(if P1491 /( ._ ., \ .»H B ..., 6,. 4. T. M.... R T......h.._ J_ ,. L /mau.N.vr¥§3.. x. _ L....BRItI .,. . .53no..M..?..\x.. Coem I 05¢/Al35¢: nHx\»\AT~.~.n:M«,}...nv.m.....m%.\<....n..Du Mx\Exxw\ ;r-.. Kumx _ A.....\M... A.._.... ?.. W.... P . _._?‘e.'I;_7_.o o44"w.5.o'4-1' H30 32 //39 / /!/.499 O _ -4300 -_..._j._._....... ononu¥,\\\xxwxwk.......M‘ ‘ 1.“ ‘21.4MW?: xmamlN“MUuuuW\\¢w. ‘11 ‘1 uric!}|1|J AGENDA ITEM #7. d) © °SCALE°: HN.=iOOFT.3 /‘ 5656472-}7.'7‘;":;-5&7.9 ,0 /1 __;I-A/0-/a":’,¢4-h/I Fe'.y7/14.17'.-'.-'_ I ,}-\‘\(L_;§-3:41’)f__{"-€l<j-2):.‘-i“'Tf. R (1 p_}_=,{'\T-,.r,\ 95 Ag‘,..aa A .577 /\7o'ro'/1'»?724.38 70/99 /*/{Q14 ///YE5.</£5 * @ 'f\’,f*/.1*4r~/-/.1 '; /‘/.4 71 h’L //YE2'27/s _;.¢/1‘?_r<&NN”"‘ .__‘'u,F)ur-:E-AN M5‘‘7'L’7f>N r 23 ~»(.25/ //_-_a'9'ze‘4a‘¢'/9 7_-_aZ.'5"” 5 .°.- 79 /_Z..‘L£°_.=p_,_.__§1v'.§mu’ .2 0 ‘a //57?,/3 * 1..--'.AGENDA ITEM #7. d) n'g'o2/WM .V\«03_.,. \ Von4;%3NOW.L, uh.Q\:MN..Q 3mvm.W “a.. K?’j?rff W ,"v'.‘1'.'{/‘/-_’//‘/é \4,\m..)x \\ 0vN\\ \\%\ M00>.M.r0.r:1.O.MN\x»Q 'zjl b;2_é:77da/ ILLEGIBILITY DUE TO DAMAGEOF ORIGINAL onGM ..-\.-\.-_._ oI'oo'v\/. ‘J \ V Tag 47 S": 76 3 30 r. H 745 so 5 U -.’oo"y./'.,_ I’ Q-—_—_-.-————— _ 5__: s Gpcmr OF _$r.=c-2/~m~uvc. :-427 as O .'.‘D"""-- s. M /°'a/'oo"E 53_&oa._. "I E ?fon.99155./o .52'.'_r.oo_:' .--‘-?--_.-'---_' 5 '0'5 7/'45 ‘N 234 _8_8 5 /'01 '_s_'s',vv’ N 0 '5'7 '4-5 Q/Z?fffzx ,4;[4,am 5"- ?ff /7 row /9'/L’.///A/Y{)S ) ":f?3"/697:2 5 7 .93-'- % .._,\\\..s.u._.?;_ ».K..&AGENDA ITEM #7. d) _-.;,1 -.N.Q°|o'35"w 2607.88 __ ’_ _*““,"_‘_//J7"’ /£39???vs i ~31 77;./J ____ //o-:o'2:w_._/f ' i : _. 1:- 30 110 ..:;R£-_-P-1:A.TTEDA3 V‘ ‘/".559iv gutsuaé‘/_>,N HEIGHT5 m;(.//./_.,x,~.56 .P‘:-§>’ _.:.251:/_5£'_Z'.i____.3*‘/Ylft?1//YE‘§E ./1R _-I ;o_.__-._§~,' -- /,0;.//_(.i«/r"_————-—"__.,_-- ‘f /259292.;Mi '20 2/ _"_W‘44‘ 267.?S 88 59 oo‘E *0 517-7;'/.1’‘. ggiivemmf?8.n”_/Z.50-_L ~?x 32375.6‘————— -— -—~'‘L __..:_I _ i 710-11/5 /t/.7./ ';2x.00 Jf-0.no " —k,I','3,zU-/2/._€_/;:-"Lg W /Vcir/z r;:{«C;r5‘/ i"~7<A8.9 ms er Yo/5:9 s E 5 '§"a9“m 375 -1598.28 5:-‘45?)’.4 5.:or w.49.7 "AG 21"'3'1-_3éa""'-._..9>6/9°oe’s‘2'r_=43:39 __.--.- _;-S _I:-.-orw ___-:-52054‘ 3_:_-,a'§°oe52"E AGENDA ITEM #7. d) AB - 2496 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: Fee Waiver Request for Piazza Renton Tree Lighting Event 2019 RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Carrie Olson, Farmers Market Coordinator EXT.: 7214 FISCAL IMPACT SUMMARY: Total amount of fees to be waived equals $150.00 as identified below. SUMMARY OF ACTION: The City of Renton provides numerous opportunities to engage in the community, its culture, and its citizens through single, seasonal, and reoccurring programs and events. Fee waivers are provided to groups who provide these opportunities, who may not be able to put them on with the added burden of these logistical parking fees. This request is for the Piazza Renton Tree Lighting Event, held on Saturday, November 30th. Request is for 20 parking passes valid from 11 am to 8 pm on the day of the event; total fees for passes equals $150.00. EXHIBITS: A. Fee Waiver Request STAFF RECOMMENDATION: Department requests approval of waiving $150.00 in fees for parking garage passes, for Piazza Renton Tree Lighting event on November 30, 2019. AGENDA ITEM #7. e) C:\Users\jgabriel\Desktop\Fee Waiver Tree Lighting.docx CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Request Date: 8/9/19 Name of Group: Piazza Renton Group Contact Person: Cheryl Scheuerman Contact Number: 206‐999‐1733 Address (Street, State, Zip): Renton, WA Email Address: scheuermanc@comcast.net Date of Event: 11/30/2019 Number in Party: 20 Location Name/Address: Piazza Park, Renton Type of Event: Tree Lighting/Kid's Activities Staff Contact Name/Telephone: Carrie Olson x7214 What is the total cost of the rental and applicable fees? 150 What is the cost of the fee waiver or reduction requested? 150 Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens: Piazza Renton hosts the annual Tree Lighting in Piazza Park each year ‐ this gives opportunity for Renton citizens to enjoy Piazza Park with family friendly activities such as the lighting of the tree and Santa Claus. Piazza Renton is a volunteer organization and does not receive any funds from this event; volunteers are needed to set up, run and clean up event, providing parking passes will help encourage volunteerism. AGENDA ITEM #7. e) AB - 2501 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: 2019 Emergency Management Performance Grant (EMPG) Contract RECOMMENDED ACTION: Council Concur DEPARTMENT: Executive Department STAFF CONTACT: Deborah Needham, Emergency Management Director EXT.: x7027 FISCAL IMPACT SUMMARY: Amount budgeted: N/A Revenue generated: $58,013 SUMMARY OF ACTION: The Emergency Management Performance Grant (EMPG) provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies. Due to delays in the issuance of FY 2019 grant contracts, an award letter has been issued serving as official notification of the city’s FY 2019/20 EMPG of $58,013. Council approval of the award letter is necessary in order for current eligible expenditures to be charged to the grant. Without Council approval those expenditures, which were not planned under the city budget, would become ineligible for grant reimbursement and would have to be absorbed by the city. EXHIBITS: A. EMPG 2019 Contract Award Letter STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to approve the award letter for the 2019 Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract. AGENDA ITEM #7. f) STATE OF WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION 20 Aviation Drive, Building 20 Camp Murray, Washington 98430-5122 Phone: (253) 512-7000 FAX: (253) 512-7207 August 13, 2019 Deborah Needham City of Renton Office of Emergency Management 1055 Grady Way Renton, WA 98057-3232 Re: 19EMPG Award Obligation Dear Ms. Needham: This letter serves as official notification that the City of Renton Office of Emergency Management will receive a Federal Fiscal Year 2019 Emergency Management Performance Grant (19EMPG) award in the amount of $58,013 from the Washington State Military Department. Once your application has been approved, a grant agreement will be initiated. Thank you for your patience. If you have any questions, please contact Tirzah Kincheloe at 253-512-7456 or tirzah.kincheloe@mil.wa.gov or Gary Stumph at 253-512- 7483 or gary.stumph@mil.wa.gov. Sincerely, Sierra Wardell Preparedness Grants Section Manager AGENDA ITEM #7. f) AB - 2505 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: Ordinance for Setting Speed Limit on Non-arterial Residential Neighborhood Streets to 20 mph RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee DEPARTMENT: Transportation Systems Division STAFF CONTACT: Chris Barnes, Transportation Operations Manager EXT.: 7220 FISCAL IMPACT SUMMARY: Replacing the existing 25 mph speed limit signs in neighborhoods will cost approximately $45 in materials per sign using existing Transportation Maintenance Section staff and equipment. If all neighborhood 25 mph speed limit signs within the city were converted to 20 mph signs, the materials cost would be $20,500 for approximately 450 signs. The funding source for conversion of the signs will be the Traffic Safety Program (TIP No. 6), which currently has a remaining 2019 budget of $200,181. SUMMARY OF ACTION: In 2013 the state of Washington amended RCW 46.61.415 under House Bill 1045 by adding Section (3) which allows cities and towns to establish a maximum speed of 20 mph on non -arterial roads in residential or business districts. Since the new law was passed, staff has received several resident inquiries regarding reducing the posted speed limits in their neighborhoods. A City Council referral to staff on this issue and discussions in the Transportation Committee resulted in the City Council requesting staff draft an ordinance to change the speed limit from 25 mph to 20 mph on non-arterial residential neighborhood streets on a case-by-case basis and establish a procedure for the city to evaluate and decide upon requests to lower the street speed limits. The attached ordinance prepared by the City Attorney Department establishes the city policy and procedure for residents to petition the city to change the speed limit from 25 mph to 20 mph on non -arterial residential neighborhood streets. EXHIBITS: A. Issue Paper B. Ordinance STAFF RECOMMENDATION: Adopt an ordinance which authorizes changing the speed limit from 25 mph to 20 mph on non-arterial residential neighborhood streets on a case-by-case basis, which establishes a procedure for the city to evaluate and decide upon requests to reduce the streets’ speed limit. AGENDA ITEM #7. g) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:October 21, 2019 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Public Works Administrator, ext. 7311 STAFF CONTACT:Chris Barnes, Transportation Operations Manager, ext. 7220 SUBJECT:Ordinance for Setting Speed Limit on Non-arterial Residential Neighborhood Streets to 20 mph ISSUE Should Council adopt an ordinance which authorizes changing the speed limit from 25 mph to 20 mph on non-arterial residential neighborhood streets on a case-by-case basis and establishes a procedure for the city to evaluate and decide upon requests to reduce the street speed limits? RECOMMENDATION Adopt an ordinance which authorizes changing the speed limit from 25 mph to 20 mph on non-arterial residential neighborhood streets on a case-by-case basis and establishes a procedure for the city to evaluate and decide upon requests to reduce the street speed limits. BACKGROUND The following is a summary of legislative authorization to enact implementation of 20 mph speed limits in local jurisdictions. In 2013 the State of Washington amended RCW 46.61.415 under House Bill 1045 by adding Section (3) which allows cities and towns to establish a maximum speed of twenty (20) miles per hour on non-arterial roads in residential or business districts. AGENDA ITEM #7. g) Don Persson, Council President Members of the Renton City Council Page 2 of 3 October 21, 2019 In paragraph (b), cities and towns may do so without a traffic engineering study provided that they develop procedures for doing so. If a city or town does lower its speed limit to 20 mph under this code, they may, if they decide, restore the previous speed limit without a traffic engineering study, provided that the city or town does so within one year of the initial speed limit reduction. The main provisions of the ordinance include: The requestor will meet with a Public Works transportation staff member to begin the process to obtain approval to reduce the 25 mph speed limit to 20 mph on non-arterial residential neighborhood streets. City staff shall consult the Manual of Uniform Traffic Control Devices and work with the requestor to reach a mutually determined area of the neighborhood for which the speed limit would be reduced from 25 mph to 20 mph. The requestor will be required to gather signatures on a petition to establish the neighborhood’s acceptance of the reduced speed limits. Each vacant property, single family residential property, each dwelling unit on multi-family residential properties, and each business will be allowed one signature on the petition. At least 60% of these parties of interest must sign the petition in order to demonstrate the neighborhood’s acceptance of the reduced speed limits. Upon receipt of the 60% petition, city staff will prepare an agenda bill and ordinance to be presented to the City Council for consideration of the petitioners’ request. Staff may recommend that the Council approve or deny or modify the petitioned request. The City Council may approve, deny or modify the petitioners’ request. Upon Council approval, adoption and effective date of the ordinance, staff will install signs showing the speed limit in that area to be 20 mph. The following is a summary of actions taken by Council to enact 20 mph speed limits on non-arterial residential streets. On May 15, 2017 the topic of speed limits was referred to the Transportation Committee. On May 20, 2019 Council concurred with the Transportation Committee’s report recommending concurrence with the staff recommendation to prepare an ordinance to change the existing 25 mph speed limits on non-arterial residential neighborhood streets to 20 mph. This decision was rescinded by Council on August 5, 2019. Council AGENDA ITEM #7. g) Don Persson, Council President Members of the Renton City Council Page 3 of 3 October 21, 2019 then directed the administration to prepare an ordinance to change the speed limits on non-arterial residential neighborhood streets from 25 mph to 20 mph on a case-by-case basis and establish a procedure for the city to evaluate and decide upon requests to reduce the street speed limits. An ordinance establishing this procedure is now being presented for referral to the Transportation Committee for review and consideration, with a request for final action by Council. The estimated cost of changing approximately 450 existing 25 mph speed limit signs to 20 mph signs in all neighborhoods within the city is approximately $20,500. cc: Ed Van Valey, Chief of Police Jim Seitz, Transportation Systems Director Kevin Keyes, Deputy Police Chief Jon Schuldt, Deputy Police Chief Dan Figaro, Police Commander Chris Barnes, Transportation Operation Manager Eric Cutshall, Transportation Maintenance Manager Bill Judd, Police Sergeant Kelsey Marshall, Administrative Secretary I AGENDA ITEM #7. g) CITYOFRENTON,WASHINGTONORDINANCENO._______ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGCHAPTER10-11OFTHERENTONMUNICIPALCODE,BYADDINGANEWSECTION10-11-2PROVIDINGPROCEDURESFORESTABLISHINGAMAXIMUMSPEEDLIMITOFTWENTY(20)MILESPERHOURONACASEBYCASEBASISONRESIDENTIALNEIGHBORHOODSTREETS,PROVIDINGFORSEVERABILITY,ANDESTABLISHINGANEFFECTIVEDATE.WHEREAS,TheStateLegislatureprovidesinRCW46.62.415(3):“(3)(a)Citiesandtownsintheirrespectivejurisdictionsmayestablishamaximumspeedlimitoftwentymilesperhouronanonarterialhighway,orpartofanonarterialhighway,thatiswithinaresidencedistrictorbusinessdistrict.(b)Aspeedlimitestablishedunderthissubsectionbyacityortowndoesnotneedtobedeterminedonthebasisofanengineeringandtrafficinvestigationifthecityortownhasdevelopedproceduresregardingestablishingamaximumspeedlimitunderthissubsection.Anyspeedlimitestablishedunderthissubsectionmaybecanceledwithinoneyearofitsestablishment,andthepreviousspeedlimitreestablished,withoutanengineeringandtrafficinvestigation.Thissubsectiondoesnototherwiseaffecttherequirementthatcitiesandtownsconductanengineeringandtrafficinvestigationtodeterminewhethertoincreasespeedlimits.(c)Whenestablishingspeedlimitsunderthissubsection,citiesandtownsshallconsultthemanualonuniformtrafficcontroldevicesasadoptedbytheWashingtonstatedepartmentoftransportation.”SeeRCW46.62.415;andWHEREAS,theCityofRentondesirestoestablishprocedurestoestablishamaximumspeedlimitoftwenty(20)milesperhouronacasebycasebasisonnon-arterial,residentialneighborhoodstreetsintheCity;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOORDAINASFOLLOWS:1AGENDA ITEM #7. g) ORDINANCENO.SECTIONI.AllportionsoftheRentonMunicipalCodeinthisordinancenotshowninstrikethroughandunderlineeditsremainineffectandunchanged.SECTIONII.Chapter10-11oftheRentonMunicipalCodeisamendedtoaddnewSection10-11-2asfollows:10-11-2PROCEDURETOESTABLISHATWENTY(20)MILESPERHOURSPEEDLIMITONRESIDENTIALNEIGHBORHOODSTREETS:A.Priortofilingapetitiontoreducethespeedlimittotwenty(20)milesperhour,arequestorwillmeetwithadesignatedPublicWorksTransportationDivisionstaffmembertodiscusstherequirementstobegintheprocessforobtainingapprovaltoreducethespeedlimitfromtwenty-five(25)milesperhourtotwenty(20)milesperhouronacasebycasebasisonspecificresidentialstreets,usingtheCityofRentonArterialStreetsmapadoptedAugust4,2014byResolution4222orasamended.B.InorderfortheCitytoconsidertherequesttoreducethespeedlimitfromtwenty-five(25)milesperhourtotwenty(20)milesperhour,thefollowingprocessmustoccur:1.CitystaffshallconsulttheManualonUniformTrafficControlDevicesasadoptedbytheWashingtonStateDepartmentofTransportation.2.TherequestorwillberequiredtogathersignaturesonapetitionintheformprovidedbyorapprovedbytheCityforanareaoftheneighborhoodmutuallydeterminedbetweentheCityandrequestor,andillustratedonanareamapdevelopedbytheCity.Thepetitionistodeterminetheneighborhood’s2AGENDA ITEM #7. g) ORDINANCENO.acceptanceofthespeedreduction.Eachvacantproperty,singlefamilyresidentialproperty,eachdwellingunitonmultifamilypropertiesandeachbusinesswillbeallowedone(1)signatureonthepetition.3.Therepuestorisrequiredtoobtainapetitionregardingloweringofthespeedlimittotwenty(20)milesperhourtobesignedbyatleastsixtypercent(60%)ofthepropertyowners,businessownersandresidents,assetforthaboveinsubsectionB.2intheareamapofinterest,endorsingtheloweringofthespeedlimittotwenty(20)milesperhour(“60%Petition”).a.ThepetitionformmustbeprovidedbyorapprovedbytheCity.b.Thesignaturesonthe60%Petitionwillbevalidforone(1)yearfromthedateofsigning—signatureswithoutadateandanaddresswillbeinvalidandnotcounted.6.Uponreceiptofthe60%Petition,CitystaffwillprepareanagendabillincludinganordinancetobepresentedtotheCityCouncilforconsiderationofthepetitioners’requestthatthespeedlimitontheresidentialneighborhoodstreetsinthesubjectareabereducedtotwenty(20)milesperhour,andthebasisforthestaffrecommendation.StaffmayrecommendthatCouncilapprove,denyormodifythepetitionedrequesttoreducethespeedlimit.7.TheCityCouncilmayapprove,denyormodifythepetitionedrequesttoreducethespeedlimit.8.EffectiveDateofReducedSpeedLimit:3AGENDA ITEM #7. g) ORDINANCENO.a.UponCityCouncilapproval,adoptionandeffectivedateoftheordinance,staffwillinstallthesignsshowingthespeedlimitinthatareatobetwenty(20)milesperhour.b.Thealteredspeedlimitauthorizedshallbeeffectivewhentheappropriatesignsgivingnoticeareerected.C.TheCityatalltimesreservestherighttoimplementspeedlimitsperstatelaw,torejectordenythepetitiontoreducethespeedlimit,andtocancelthespeedlimitreductionwithininone(1)yearofitseffectivedateandthepreviousspeedlimitreestablished.SECTIONIII.Ifanysection,subsection,sentence,clause,phraseorworkofthisordinanceshouldbeheldtobeinvalidorunconstitutionalbyacourtorcompetentjurisdiction,suchinvalidityorunconstitutionalitythereofshallnotaffecttheconstitutionalityofanyothersection,subsection,sentence,clause,phraseorwordofthisordinance.SECTIONIV.Thisordinanceshallbeinfullforceandeffectthirty(30)daysafterpublicationofasummaryofthisordinanceintheCity’sofficialnewspaper.Thesummaryshallconsistofthisordinance’stitle.PASSEDBYTHECITYCOUNCILthis_______dayof____________________,2019.JasonA.Seth,CityClerk4AGENDA ITEM #7. g) ORDINANCENO.APPROVEDBYTHEMAYORthis_______dayof_____________________,2019.DenisLaw,MayorApprovedastoform:ShaneMoloney,CityAttorneyDateofPublication:ORD:2083:10/21/195AGENDA ITEM #7. g) AB - 2500 City Council Regular Meeting - 04 Nov 2019 SUBJECT/TITLE: Project Acceptance: CAG-19-175 with Sierra Pacific Construction, LLC for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019 RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer EXT.: 7247 FISCAL IMPACT SUMMARY: The original contract amount was $142,585.30, and the final cleaning cost was $131,584.20. The proje ct was funded through the approved 2019 Capital Improvement Program budget (427.475050 and 427.475060). SUMMARY OF ACTION: Removal of sediment from the Maplewood Creek and Madsen Creek basin is essential to maintain adequate drainage. The Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019 was awarded to Sierra Pacific Construction, LLC on July 8, 2019. Physical completion of all required work items was granted on September 13, 2019. The project consisted of constructing a tempora ry bypass dam, dewatering the sediment basins, fish rescues, removing accumulated sediments, refilling the sediment basin, restoration and hydroseeding the project sites. EXHIBITS: A. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019 with Sierra Pacific Construction, LLC, and authorize release of the retainage bond after 60 days once all the required releases from the state have been obtained. AGENDA ITEM #7. h) Revised # Assigned to: UBI Number: Yes No Yes Telephone # Bond Number: If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Date Work Commenced Date Work Completed Contractor Address Date Contract Awarded Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Department Use Only Original NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Project Name Date Assigned: Job Order Contracting Federally funded transportation project? Contractor's Name Description of Work Done/Include Jobsite Address(es) Affidavit ID* No (if yes, provide Contract Bond Statement below) Name & Mailing Address of Public Agency E-mail Address Contract Number Notice is hereby given relative to the completion of contract or project described below Date:Contractor's UBI Number: Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. Yes No $ $$ $$ $$ % $ $$ Contact Name:Title: Affidavit ID* - No L&I release will be granted until all affidavits are listed. Amount Disbursed p Sales Tax Rate Contract Amount NOTE: These two totals must be equal TOTAL Comments: Sales Tax Amount Reductions ( - ) Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. TOTAL Liquidated Damages Email Address: Phone Number: p Sub-Total Additions ( + ) Amount Retained (If various rates apply, please send a breakdown) Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov F215-038-000 10-2014REV 31 0020e (10/26/15) p@g AGENDA ITEM #7. h) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014 AGENDA ITEM #7. h) TO:FINANCEDIRECTORFROM:PUBLICWORKSADMINISTRATOR18/0002096CONTRACTOR:SierraPacificConstruction,LLCCONTRACTNO.CAG19-175ESTIMATENO.2-FinalPROJECT:MaplewoodCreek&MadsenCreekSedimentBasinCleaningProject-20191.CONTRACTOREARNINGSTHISESTIMATE$8,208.402.SALESTAX@10.00%$820.843.TOTALCONTRACTAMOUNTTHISESTIMATE$9,029.244.EARNINGSPREVIOUSLYPAIDCONTRACTOR$111,413.605*EARNINGSDUECONTRACTORTHISESTIMATE$8,208.406.SUBTOTAL-CONTRACTORPAYMENTS$119,622.007.RETAINAGEONPREVIOUSEARNINGS$0.008.**RETAINAGEONEARNINGSTHISESTIMATE$0.009.SUBTOTAL-RETAINAGE$0.00BondforRetainagewithAmericanContractorsIndemnityCompany10.SALESTAXPREVIOUSLYPAIDSalesTaxRule170Applies$11,141.3611.SALESTAXDUETHISESTIMATE$820.8412.SUBTOTAL-SALESTAX$11,962.20GRANDTOTAL:$131,584.20FINANCEDEPARTMENTACTION:PAYMENTTOCONTRACTOR(Lines5and11):ACCOUNT#427.475060.018.531.35.19.000(ScheduleA)$5,366.24#2-Final#427.475050.018.594.31.63.000(ScheduleB)$3,663.00#2-Final$9,029.24RETAINEDAMOUNT(Line8):ACCOUNT#$0.00#2-Final#$0.002-FinalRetainagecoveredbyBondNo.1001054001issuedbyAmericanContractorsIndemnityCompany$0.00TOTALTHISESTIMATE:$9,029.24CHARTER116,LAWSOF1965CITYOFRENTONCERTIFICATIONK5I,THEUNDERSIGNEDDOHEREBYCERTIFYUNDERPENALTYOFPERJURY,THATTHEMATERIALSHAVEBEENFURNISHED,THE%t/ott&t/7SERVICESRENDEREDORTHELABORPERFORMEDASDESCRIBEDHEREIN,ANDTHATTHECLAIMISAJUST,DUEANDUNPAIDOBLIGATIONAGAINSTTHECITYOFRENTON,ANDTHATIAMAUTHOREDTOAUTHENTICATEANDCERTIFYTOSAIDPrintedOn:10/16/2019CityofRentonPublicWorksDepartmentPage1AGENDA ITEM #7. h) PrintedOn:10/16/2019CityofRentonPublicWorksDepartmentPage1MaplewoodCreek&MadsenCreekSedimentBasinProject:CleaningProject-2019Contractor:SierraPacificConstruction,LLCItemDescriptionNo.ContractNumber:CAG19-175PayEstimate2-FinalClosingDate:10/16/19UnitEst.UnitPreviousPreviousThisQuantityPriceQuantityAmountQuantityThisTotalTotalAmountQuantityAmountMaplewoodCreekSedimentBasinA-iMobilizationA-2ConstructionSurveying,Staking,As-builtConstructBypassDam,Diversion,FishRescue,andDrainA-3BasinA-4Remove,Haul,andDisposeofSedimentA-5RefillBasin,RemoveDam,RestoreBankA-6RemoveandAdjustExistingRockBermsA-7ChannelVegetation,BranchandWoodDebrisRemovalA-8HydroseedingA-9MinorChangesSubtotalScheduleASalesTaxRule170AppliesTotalScheduleAMadsenCreekSedimentBasinB-iMobilizationB-2TemporaryTrafficControlB-3ConstructionSurveying,Staking,As-builtConstructBypassDam,DivertCreek,FishRescue,andB-4DrainBasinB-SRemove,Haul,andDisposeofSedimentB-6RefillBasin,RemoveDam,RestoreBankB-7HydroseedingB-8MinorChangesLS1$13,892.00LS1$1,500.00LS1$6,000.00LS1$42,000.00LS1$5,000.00LS1$1,500.00LS1$4,000.00SF4000$0.15LSI$5000.00LS1$6,000.00LS1$1.00LS1$1,500.00LS1$6,000.00LS1$26,000.00LS1$5,000.00SF4200$0.15LS1$5,000.000.8$11,113.600.2$0.001.01.0$6,000.001.0$42,000.001.0$5,000.001.0$1,500.001.0$4,000.00$0.004000.0$0.00$69.613.600.8$4,800.000.2$0.00$0.001.01.0$6,000.001.0$26,000.001.0$5,000.00$0.004200.0$0.00$41,800.001.001.001.001.001.001.001.004000.000.00$13,892.00$1,500.00$6,000.00$42,000.00$5,000.00$1,500.00$4,000.00$600.00$0.00$74,492.00$7,449.20$81,941.20$2,778.40$1,500.00$0.00$0.00$0.00$0.00$0.00$600.00$0.00$4,878.40$487.84$5,366.24$1,200.00$0.00$1,500.00$0.00$0.00$0.00$630.00$0.00$3,330.00$333.00$3,663.00$9,029.24KSSubtotalScheduleBSalesTaxRule170AppliesTotalScheduleBTotalAllSchedule1.00$6,000.000.00$0.001.00$1,500.001.00$6,000.001.00$26,000.001.00$5,000.004200.00$630.000.00$0.00$45,130.00$4,513.00$49,643.00$131,584.20tOtt(;.tt’1$111,413.60AGENDA ITEM #7. h) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE DOLLAR AMOUNT AND PERCENTAGE INCREASE FOR THE PROPERTY TAX TO BE LEVIED FOR THE YEAR 2020. WHEREAS, the City Council has properly given notice of the public hearing to consider the City’s 2019‐2020 proposed budget pursuant to RCW 84.55.120; and WHEREAS, the City Council, after hearing and after duly considering all relevant evidence and testimony presented, has determined that there is a need to increase the property tax revenues from the prior year, in addition to the increases resulting from annexations, the addition of new construction, and improvements to property, and any increases in the value of state‐assessed property, in order to discharge the expected expenses and obligations of the City; and WHEREAS, RCW 84.55.120 requires the adoption of a separate ordinance specifically authorizing the property tax increase; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The regular property tax levy in the amount of $22,012,189 requires an increase of 1.79% or $382,301 above the 2019 levy without consideration for increases attributable to annexation, new construction, improvements to property, and re‐levy of prior year refund and correction amounts. Such increase is hereby authorized. AGENDA ITEM # 9. a) ORDINANCE NO. _________ 2 SECTION II. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2092:10/15/19 AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE PROPERTY TAX LEVY FOR THE YEAR 2020 FOR GENERAL CITY OPERATIONAL PURPOSES IN THE AMOUNT OF $22,012,189. WHEREAS, the Council has met and considered its budget for the fiscal year 2020; and WHEREAS, the Council, after hearing and considering all relevant evidence and testimony presented, determined that, in order to discharge the expected expenses and obligations of the City and in its best interest, the City of Renton requires a regular levy in the amount of $22,012,189 for 2020; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The regular property tax levy is hereby authorized for 2020 in the amount of $22,012,189. This amount includes new construction and improvements to property in the amount of $248,515; re‐levy of prior year refunds in the amount of $71,474; adjustments as a result of annexations that have occurred in the amount of $9,899; and any increase in the value of state‐ assessed property. SECTION II. The regular levy includes levy for the Firemen’s Pension at the rate of $0.225 per $1,000 assessed valuation. SECTION III. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. AGENDA ITEM # 9. b) ORDINANCE NO. _________ 2 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2091:10/30/19 AGENDA ITEM # 9. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2019/2020 BIENNIAL BUDGET IN THE AMOUNT OF $7,804,570, AS ADOPTED BY ORDINANCE NO. 5898 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5924 AND 5930, AND ADOPTING AN AMENDED 2019/2020 CITY OF RENTON SALARY TABLE. WHEREAS, on November 19, 2018, the City Council adopted Ordinance No. 5898 adopting the City of Renton’s 2019/2020 Biennial Budget; and WHEREAS, on April 22, 2019, the Council adopted Ordinance No. 5924 carrying forward funds appropriated in 2018, but not expended in 2018 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2019 required an adjustment to the 2019/2020 Biennial Budget; and WHEREAS, on July 15, 2019, the Council adopted Ordinance No. 5930 making minor corrections and recognizing grants, contributions and associated costs and new cost items not previously included in the budget, which required additional adjustments to the 2019/2020 Biennial Budget; and WHEREAS, Ordinance No. 5930 also adopted amended job classifications and pay ranges for City employees for 2019; and WHEREAS, pursuant to Chapter 35A.34 RCW the Council is required to provide for a mid‐ biennial review, and any modification thereto shall occur no sooner than eight months after the start, but no later than the conclusion of the first year of the biennium; and WHEREAS, it is necessary to amend the City of Renton's 2019/2020 Biennial Budget to rename the 1% For Arts Fund 125 to Municipal Arts Fund 125; and AGENDA ITEM # 9. c) ORDINANCE NO. ________ 2 WHEREAS, it is necessary to adopt amended job classifications and pay ranges for City employees for 2019/2020; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City of Renton’s 2019/2020 Biennial Budget, originally adopted in Ordinance No. 5898 and amended by Ordinance Nos. 5924 and 5930, is hereby amended in the total amount of $7,804,570 for an amended total of $707,575,570 over the biennium. SECTION II. The City Council hereby adopts the amended 2019/2020 Biennial Budget. The 2019 Mid‐Biennial Budget Adjustment Summary by Fund is attached as Exhibit A and the 2020 Mid‐biennial Budget Summary by Fund is attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. The City Council hereby adopts amended job classifications and pay ranges for City employees as set forth in the 2019/2020 City of Renton Salary Table, attached hereto as Exhibit C. SECTION IV. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _______________________, 2019. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 3 Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2090:10/15/19 AGENDA ITEM # 9. c) ORDINANCE NO. _______ 4 Exhibit A: 2019 Mid‐Biennial Budget Adjustment Summary by FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund2019 Beg Fund Bal Changes2019 Adj Fund Bal 2019 Budgeted Changes 2019 Adjusted 2019 Budgeted Changes 2019 AdjustedEnding Fund BalanceReserved/ DesignatedAvailable Fund Balance0XX GENERAL FUND44,542,987 ‐ 44,542,987 122,403,346 3,157,875 125,561,221 130,745,636 3,047,912 133,793,547 36,310,660 (11,374,240) 24,936,420 102 ARTERIAL STREETS163,671 ‐ 163,671 700,000 (596,635) 103,365 700,000 (432,964) 267,036 ‐ ‐ 110 SPECIAL HOTEL‐MOTEL TAX722,387 ‐ 722,387 225,000 ‐ 225,000 406,547 38,100 444,647 502,740 502,740 125 ONE PERCENT FOR MUNICIPAL ARTS119,446 ‐ 119,446 98,000 4,000 102,000 200,683 4,000 204,683 16,764 16,764 127 CABLE COMMUNICATIONS DEVELOPMENT529,159 ‐ 529,159 97,674 ‐ 97,674 105,674 ‐ 105,674 521,159 521,159 135 SPRINGBROOK WETLANDS BANK340,895 ‐ 340,895 ‐ ‐ ‐ ‐ ‐ ‐ 340,895 340,895 201 GENERAL GOVERNMENT MISC DEBT SVC2,307,173 ‐ 2,307,173 7,805,569 639,148 8,444,717 7,914,936 ‐ 7,914,936 2,836,954 (2,717,575) 119,379 303 COMMUNITY SERVICES IMPACT MITIGATION2,578,256 ‐ 2,578,256 86,500 ‐ 86,500 1,629,000 (429,000) 1,200,000 1,464,756 1,464,756 304 FIRE IMPACT MITIGATION1,455,669 ‐ 1,455,669 99,000 ‐ 99,000 128,576 ‐ 128,576 1,426,093 1,426,093 305 TRANSPORTATION IMPACT MITIGATION3,332,524 ‐ 3,332,524 1,020,000 ‐ 1,020,000 2,700,000 (375,800) 2,324,200 2,028,324 2,028,324 316 MUNICIPAL FACILITIES CIP20,675,238 ‐ 20,675,238 23,354,715 (2,884,345) 20,470,370 41,657,287 (1,704,782) 39,952,505 1,193,102 1,193,102 317 CAPITAL IMPROVEMENT5,492,313 ‐ 5,492,313 37,291,769 2,823,200 40,114,969 41,036,073 2,676,200 43,712,273 1,895,009 ‐ 1,895,009 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING2,582,203 ‐ 2,582,203 ‐ 21,500 21,500 47,400 21,500 68,900 2,534,803 (2,500,000) 34,803 336 NEW LIBRARY DEVELOPMENT456,591 ‐ 456,591 ‐ ‐ ‐ ‐ 445,591 445,591 11,000 11,000 346 NEW FAMILY FIRST CENTER DEVELOPMENT4,193,806 ‐ 4,193,806 5,075,000 ‐ 5,075,000 113,356 1,276,282 1,389,638 7,879,168 7,879,168 402 AIRPORT OPERATIONS & CIP 4,985,377 ‐ 4,985,377 3,298,685 ‐ 3,298,685 7,907,470 5,418 7,912,888 371,174 (181,653) 189,520 403 SOLID WASTE UTILITY2,276,333 ‐ 2,276,333 19,512,021 ‐ 19,512,021 19,400,701 2,976 19,403,677 2,384,676 (400,000) 1,984,676 404 GOLF COURSE SYSTEM & CAPITAL 110,812 ‐ 110,812 2,445,053 2,287 2,447,340 2,346,727 7,506 2,354,233 203,919 (468,149) (264,230) 405 WATER OPERATIONS & CAPITAL 38,002,973 ‐ 38,002,973 18,841,192 ‐ 18,841,192 48,759,844 24,263 48,784,107 8,060,058 (3,033,114) 5,026,944 406 WASTEWATER OPERATIONS & CAPITAL 24,391,619 ‐ 24,391,619 28,505,228 ‐ 28,505,228 41,639,101 12,488 41,651,589 11,245,258 (1,862,878) 9,382,380 407 SURFACE WATER OPERATIONS & CAPITAL 16,356,030 ‐ 16,356,030 20,551,735 56,378 20,608,113 26,534,300 93,903 26,628,203 10,335,940 (1,231,544) 9,104,396 501 EQUIPMENT RENTAL6,493,018 ‐ 6,493,018 7,695,395 10,000 7,705,395 9,030,476 219,173 9,249,649 4,948,764 4,948,764 502 INSURANCE18,522,154 ‐ 18,522,154 3,343,143 ‐ 3,343,143 4,214,868 1,367 4,216,235 17,649,063 (15,874,475) 1,774,588 503 INFORMATION SERVICES3,934,408 ‐ 3,934,408 6,054,593 68,250 6,122,843 7,558,374 200,466 7,758,840 2,298,411 2,298,411 504 FACILITIES1,376,859 ‐ 1,376,859 5,302,302 16,541 5,318,843 5,507,965 30,163 5,538,128 1,157,574 1,157,574 505 COMMUNICATIONS685,593 ‐ 685,593 1,105,816 ‐ 1,105,816 1,100,667 31,793 1,132,460 658,949 658,949 512 HEALTHCARE INSURANCE4,259,511 ‐ 4,259,511 11,027,762 ‐ 11,027,762 11,655,086 755 11,655,841 3,631,432 (3,496,752) 134,680 522 LEOFF1 RETIREES HEALTHCARE13,876,628 ‐ 13,876,628 1,241,273 ‐ 1,241,273 978,181 81 978,262 14,139,639 (14,139,639) ‐ 611 FIREMENS PENSION7,146,983 ‐ 7,146,983 468,000 ‐ 468,000 210,475 ‐ 210,475 7,404,508 (7,404,508) ‐ Total Other Funds187,367,629 ‐ 187,367,629 205,245,424 160,324 205,405,748 283,483,768 2,149,479 285,633,247 107,140,130 (53,310,288) 53,829,842 TOTAL ALL FUNDS 231,910,616 ‐ 231,910,616 327,648,771 3,318,199 330,966,969 414,229,404 5,197,391 419,426,795 143,450,790 (64,684,528) 78,766,263 AGENDA ITEM # 9. c) ORDINANCE NO. ________ 5 Exhibit B: 2020 Mid‐Biennial Budget Adjusted Summary by FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund 2020 Beg Fund Bal Changes 2020 Adj. Fund Bal 2020 Budgeted Revenue Changes 2020 Adjusted Revenue 2020 Budgeted Expenditure Changes 2020 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND36,200,696 109,964 36,310,660 123,450,227 1,938,013 125,388,240 128,636,943 2,240,617 130,877,560 30,821,340 (12,063,584) 18,757,756 102 ARTERIAL STREETS163,671 (163,671) ‐ 710,000 (710,000) ‐ 710,000 (710,000) ‐ ‐ ‐ 110 SPECIAL HOTEL‐MOTEL TAX540,840 (38,100) 502,740 200,000 ‐ 200,000 ‐ ‐ ‐ 702,740 702,740 125 ONE PERCENT FOR MUNICIPAL ARTS16,763 1 16,764 15,000 102,900 117,900 15,000 102,900 117,900 16,764 16,764 127 CABLE COMMUNICATIONS DEVELOPMENT521,159 ‐ 521,159 97,674 ‐ 97,674 97,674 ‐ 97,674 521,159 521,159 135 SPRINGBROOK WETLANDS BANK340,895 ‐ 340,895 ‐ ‐ ‐ ‐ ‐ ‐ 340,895 340,895 201 GENERAL GOVERNMENT MISC DEBT SVC2,197,806 639,148 2,836,954 8,143,007 ‐ 8,143,007 8,262,386 ‐ 8,262,386 2,717,575 (2,717,575) ‐ 303 COMMUNITY SERVICES IMPACT MITIGATION1,035,756 429,000 1,464,756 86,500 ‐ 86,500 600,000 ‐ 600,000 951,256 951,256 304 FIRE IMPACT MITIGATION1,426,093 ‐ 1,426,093 99,000 ‐ 99,000 113,808 ‐ 113,808 1,411,285 1,411,285 305 TRANSPORTATION IMPACT MITIGATION1,652,524 375,800 2,028,324 1,435,875 ‐ 1,435,875 1,640,362 (300,000) 1,340,362 2,123,837 2,123,837 316 MUNICIPAL FACILITIES CIP2,372,665 (1,179,563) 1,193,102 4,345,910 155,640 4,501,550 4,671,481 (244,360) 4,427,121 1,267,531 1,267,531 317 CAPITAL IMPROVEMENT1,748,009 147,000 1,895,009 16,797,123 (160,000) 16,637,123 17,629,673 (15,000) 17,614,673 917,459 ‐ 917,459 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING2,534,803 ‐ 2,534,803 ‐ ‐ ‐ ‐ ‐ ‐ 2,534,803 (2,500,000) 34,803 336 NEW LIBRARY DEVELOPMENT456,591 (445,591) 11,000 ‐ ‐ ‐ ‐ ‐ ‐ 11,000 11,000 346 NEW FAMILY FIRST CENTER DEVELOPMENT9,155,450 (1,276,282) 7,879,168 ‐ ‐ ‐ ‐ ‐ ‐ 7,879,168 7,879,168 402 AIRPORT OPERATIONS & CIP 376,592 (5,418) 371,174 3,051,767 ‐ 3,051,767 2,429,799 9,669 2,439,468 983,473 (191,447) 792,026 403 SOLID WASTE UTILITY2,387,652 (2,976) 2,384,676 19,505,719 ‐ 19,505,719 19,395,514 6,097 19,401,611 2,488,784 (400,000) 2,088,784 404 GOLF COURSE SYSTEM & CAPITAL 209,138 (5,219) 203,919 2,533,290 7,083 2,540,373 2,415,077 18,852 2,433,929 310,364 (590,482) (280,119) 405 WATER OPERATIONS & CAPITAL 8,084,321 (24,263) 8,060,058 19,516,652 ‐ 19,516,652 20,948,709 83,072 21,031,781 6,544,928 (3,082,728) 3,462,200 406 WASTEWATER OPERATIONS & CAPITAL 11,257,746 (12,488) 11,245,258 28,638,010 ‐ 28,638,010 28,924,575 35,557 28,960,132 10,923,136 (1,874,233) 9,048,903 407 SURFACE WATER OPERATIONS & CAPITAL 10,373,465 (37,525) 10,335,940 16,101,432 964,658 17,066,090 13,547,648 1,038,789 14,586,437 12,815,593 (1,261,810) 11,553,783 501 EQUIPMENT RENTAL5,157,937 (209,173) 4,948,764 5,662,319 ‐ 5,662,319 4,662,180 10,996 4,673,176 5,937,907 5,937,907 502 INSURANCE17,650,430 (1,368) 17,649,063 3,390,962 ‐ 3,390,962 4,244,173 5,161 4,249,334 16,790,691 (15,663,819) 1,126,872 503 INFORMATION SERVICES2,430,627 (132,216) 2,298,411 5,918,718 6,150 5,924,868 6,199,792 194,885 6,394,677 1,828,602 1,828,602 504 FACILITIES1,171,196 (13,622) 1,157,574 5,325,386 2,880 5,328,266 5,511,258 35,139 5,546,397 939,443 939,443 505 COMMUNICATIONS690,742 (31,793) 658,949 1,134,441 ‐ 1,134,441 1,129,205 91,647 1,220,852 572,538 572,538 512 HEALTHCARE INSURANCE3,632,187 (755) 3,631,432 12,649,694 ‐ 12,649,694 12,523,930 2,851 12,526,781 3,754,345 (3,758,034) (3,689) 522 LEOFF1 RETIREES HEALTHCARE14,139,720 (81) 14,139,639 1,244,462 ‐ 1,244,462 1,031,936 307 1,032,243 14,351,858 (14,351,858) ‐ 611 FIREMENS PENSION7,404,508 ‐ 7,404,508 468,000 ‐ 468,000 200,475 ‐ 200,475 7,672,033 (7,672,033) ‐ Total Other Funds109,129,286 (1,989,156) 107,140,130 157,070,940 369,311 157,440,251 156,904,653 366,562 157,271,215 107,309,166 (54,064,020) 53,245,147 TOTAL ALL FUNDS 145,329,982 (1,879,192) 143,450,790 280,521,167 2,307,324 282,828,491 285,541,596 2,607,179 288,148,775 138,130,506 (66,127,603) 72,002,903 2 year total 231,910,616 608,169,938 5,625,523 613,795,460 699,771,000 7,804,570 707,575,570 138,130,506 (66,127,603) 72,002,903 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual e10 1030 Mayor (1)14,550 174,600 14,550 174,600 e09 1005 City Council President 1,450 17,400 1,450 17,400 e09 1000 City Council Members (2)1,250 15,000 1,250 15,000 e08 10,045 120,540 10,556 126,672 11,088 133,056 11,649 139,788 12,237 146,844 e11 1020 Municipal Court Judge (6)14,396 172,754 14,396 172,754 Salary effective July 2019 ‐ June 2020 m53 1035 Chief Administrative Officer (3) 13,180 158,160 13,851 166,212 14,550 174,600 15,284 183,408 16,050 192,600 m52 12,857 154,284 13,507 162,084 14,197 170,364 14,916 178,992 15,661 187,932 m51 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 15,284 183,408 m50 12,237 146,844 12,857 154,284 13,507 162,084 14,197 170,364 14,916 178,992 m49 1400 City Attorney (3)11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m49 1102 Community Services Administrator (3) 11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m49 1105 Community & Economic Development A 11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m49 1101 Administrative Services Administrator ( 11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m49 1104 Human Resources & Risk Mgmt Admini 11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m49 1103 Public Works Administrator (3) 11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m49 1201 Police Chief (3)11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 14,550 174,600 m48 11,649 139,788 12,237 146,844 12,857 154,284 13,507 162,084 14,197 170,364 m47 11,366 136,392 11,942 143,304 12,544 150,528 13,180 158,160 13,851 166,212 m46 1535 Police Deputy Chief (4)11,088 133,056 11,649 139,788 12,237 146,844 12,857 154,284 13,507 162,084 m45 1200 Deputy Public Affairs Administrator (3) 10,818 129,816 11,366 136,392 11,942 143,304 12,544 150,528 13,180 158,160 m45 1573 Deputy PW Administrator ‐ Transportat 10,818 129,816 11,366 136,392 11,942 143,304 12,544 150,528 13,180 158,160 m44 10,556 126,672 11,088 133,056 11,649 139,788 12,237 146,844 12,857 154,284 m43 10,296 123,552 10,818 129,816 11,366 136,392 11,942 143,304 12,544 150,528 m42 1401 Sr Assistant City Attorney 10,045 120,540 10,556 126,672 11,088 133,056 11,649 139,788 12,237 146,844 m41 9,802 117,624 10,296 123,552 10,818 129,816 11,366 136,392 11,942 143,304 m40 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 11,649 139,788 m39 9,330 111,960 9,802 117,624 10,296 123,552 10,818 129,816 11,366 136,392 m38 2011 City Clerk/Public Records Officer 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1403 Chief Prosecuting Attorney 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1500 Court Services Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1575 Development Services Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1501 Economic Development Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 2044 Emergency Management Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 ELECTED OFFICIALS MANAGEMENT & SUPERVISORY (NON‐UNION) 2019 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective August 1, 2019 STEP A STEP B STEP C STEP D STEP E Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)6 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual 2019 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective August 1, 2019 STEP A STEP B STEP C STEP D STEP E m38 1207 Facilities Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1210 Fiscal Services Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1212 Information Technology Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1571 Maintenance Services Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 8084 Parks and Trails Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1208 Parks Planning and Natural Resources D 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1502 Planning Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 2031 Police Commander (5)9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1214 Recreation & Neighborhoods Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1570 Utility Systems Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m38 1572 Transportation Systems Director 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 11,088 133,056 m37 8,883 106,596 9,330 111,960 9,802 117,624 10,296 123,552 10,818 129,816 m36 2463 HR Labor Relations & Compensation Ma 8,665 103,980 9,103 109,236 9,564 114,768 10,045 120,540 10,556 126,672 m35 1402 Assistant City Attorney 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 10,296 123,552 m34 2460 Organizational Development Manager 8,242 98,904 8,665 103,980 9,103 109,236 9,564 114,768 10,045 120,540 m33 2072 Airport Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2074 Building Official 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2021 Current Planning Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2073 Development Engineering Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2411 Financial Services Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2020 Long Range Planning Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2174 Property & Technical Services Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2176 Transportation Design Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2075 Transportation Operations Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2177 Transportation Planning Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 2172 Utility Engineering Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m33 3072 Water Maintenance Manager 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 9,802 117,624 m32 4480 Capital Projects Manager 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 9,564 114,768 m32 1577 Economic Development Manager 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 9,564 114,768 m32 3083 Urban Forestry and Natural Resources M 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 9,564 114,768 m31 7,657 91,884 8,043 96,516 8,451 101,412 8,883 106,596 9,330 111,960 m30 2418 Application Support Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 3073 Fleet Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 2407 GIS Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 2462 Human Resources Benefits Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 2033 Police Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 2409 Risk Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 3071 Street Maintenance Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 3176 Transportation Maintenance Manager 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m30 3070 Waste Water/Special Operations Mana 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 9,103 109,236 m29 3084 Golf Course Manager 7,283 87,396 7,657 91,884 8,043 96,516 8,451 101,412 8,883 106,596 m29 1522 Human Services Manager 7,283 87,396 7,657 91,884 8,043 96,516 8,451 101,412 8,883 106,596 m29 1404 Prosecuting Attorney 7,283 87,396 7,657 91,884 8,043 96,516 8,451 101,412 8,883 106,596 m29 2087 Recreation & Neighborhoods Manager 7,283 87,396 7,657 91,884 8,043 96,516 8,451 101,412 8,883 106,596 m28 3086 Facilities Manager 7,112 85,344 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 m28 8010 Parks Maintenance Manager 7,112 85,344 7,471 89,652 7,847 94,164 8,242 98,904 8,665 103,980 m27 1216 Tax & Licensing Program Manager 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 8,451 101,412 Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)7 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual 2019 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective August 1, 2019 STEP A STEP B STEP C STEP D STEP E m26 2202 Communications Manager 6,768 81,216 7,112 85,344 7,471 89,652 7,847 94,164 8,242 98,904 m25 5116 Financial Services Supervisor 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 m25 2562 Senior Benefits Analyst 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 m25 2563 Senior Employee Relations Analyst 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 m25 2410 Senior Finance Analyst 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 m25 Senior Risk Analyst 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 m25 2479 Solid Waste Coordinator 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 8,043 96,516 m24 5112 Deputy City Clerk/Enterprise Content M 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 7,847 94,164 m23 3562 Benefits Analyst 6,281 75,372 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 m23 3563 Employee Relations Analyst 6,281 75,372 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 m23 2080 Recreation Supervisor 6,281 75,372 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 m23 2461 Risk Analyst 6,281 75,372 6,603 79,236 6,937 83,244 7,283 87,396 7,657 91,884 m22 2404 Community Relation & Events Coordina 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 m22 1510 Court Services Supervisor 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 m22 8007 Golf Course Supervisor 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 m22 2086 Golf Professional 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 m22 2091 Museum Manager 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 m22 5253 Permit Center Supervisor 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 7,471 89,652 m21 5,982 71,784 6,281 75,372 6,603 79,236 6,937 83,244 7,283 87,396 m20 5,836 70,032 6,133 73,596 6,445 77,340 6,768 81,216 7,112 85,344 m19 5,696 68,352 5,982 71,784 6,281 75,372 6,603 79,236 6,937 83,244 m18 5,553 66,636 5,836 70,032 6,133 73,596 6,445 77,340 6,768 81,216 m17 6150 City Council Liaison 5,420 65,040 5,696 68,352 5,982 71,784 6,281 75,372 6,603 79,236 m17 6103 Executive Assistant 5,420 65,040 5,696 68,352 5,982 71,784 6,281 75,372 6,603 79,236 n16 5118 Finance Analyst III 5,267 63,204 5,532 66,384 5,804 69,648 6,102 73,224 6,407 76,884 n16 2217 Tax & Licensing Auditor II 5,267 63,204 5,532 66,384 5,804 69,648 6,102 73,224 6,407 76,884 n15 5,129 61,548 5,395 64,740 5,666 67,992 5,954 71,448 6,258 75,096 n14 6153 Administrative Assistant 5,010 60,120 5,267 63,204 5,532 66,384 5,804 69,648 6,102 73,224 n13 5115 Finance Analyst II 4,886 58,632 5,129 61,548 5,395 64,740 5,666 67,992 5,954 71,448 n13 2216 Tax & Licensing Auditor I 4,886 58,632 5,129 61,548 5,395 64,740 5,666 67,992 5,954 71,448 n12 4,771 57,252 5,010 60,120 5,267 63,204 5,532 66,384 5,804 69,648 n11 2488 Assistant Golf Professional 4,650 55,800 4,886 58,632 5,129 61,548 5,395 64,740 5,666 67,992 n11 5139 Human Resources Assistant 4,650 55,800 4,886 58,632 5,129 61,548 5,395 64,740 5,666 67,992 n10 5114 Finance Analyst I 4,539 54,468 4,771 57,252 5,010 60,120 5,267 63,204 5,532 66,384 n09 4,431 53,172 4,650 55,800 4,886 58,632 5,129 61,548 5,395 64,740 n08 4,320 51,840 4,539 54,468 4,771 57,252 5,010 60,120 5,267 63,204 n07 6144 Secretary II EX 4,215 50,580 4,431 53,172 4,650 55,800 4,886 58,632 5,129 61,548 NON‐UNION (CLERICAL, OTHER) Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)8 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual 2019 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective August 1, 2019 STEP A STEP B STEP C STEP D STEP E n06 4,111 49,332 4,320 51,840 4,539 54,468 4,771 57,252 5,010 60,120 n05 4,012 48,144 4,215 50,580 4,431 53,172 4,650 55,800 4,886 58,632 n04 3,916 46,992 4,111 49,332 4,320 51,840 4,539 54,468 4,771 57,252 n03 3,824 45,888 4,012 48,144 4,215 50,580 4,431 53,172 4,650 55,800 n02 3,730 44,760 3,916 46,992 4,111 49,332 4,320 51,840 4,539 54,468 n01 3,644 43,728 3,824 45,888 4,012 48,144 4,215 50,580 4,431 53,172 $6,050 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs (1) In addition to salary receives annual car allowance. (2) (3) Not eligible for Longevity/Education or Uniform Allowance (4) Not eligible for Longevity/Education or Uniform Allowance Eligible for 3% cash premium or 3% into deferred compensation per employee's discretion for passing physical fitness. (5)Receive Education/Longevity & Uniform Allowance based on Union Contract plus eligible for 3% deferred compensation for passing physical fitness. (6) 4 year term (7) Council president to be paid $200/month above council members salary. Council members salary set per Salary Commission effective 1/1/16. Council receives 2% of salary for deferred comp. If members are not participating in PERS, they receive an extra 1.4 % of salary for deferred compensation. Salary effective until The City contributes 4% of employee's base wage per year to a deferred compensation account for Management and Non‐Represented employees; except for CAO receives 7% per year. 6% Step a14E $363 per month 7% Step a14E $424 per month 4% Step a14E $242 per month 5% Step a14E $303 per month 2% Step a14E $121 per month 3% Step a14E $182 per month NON‐REPRESENTED LONGEVITY PAY Step a14, E = Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)9 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual a40 9,416 112,992 9,887 118,644 10,388 124,656 10,916 130,992 11,467 137,604 a39 9,203 110,436 9,660 115,920 10,134 121,608 10,649 127,788 11,188 134,256 ‐ a38 8,968 107,616 9,416 112,992 9,887 118,644 10,388 124,656 10,916 130,992 a37 8,762 105,144 9,203 110,436 9,660 115,920 10,134 121,608 10,649 127,788 a36 8,540 102,480 8,968 107,616 9,416 112,992 9,887 118,644 10,388 124,656 14,396 172,754 14,396 172,754 a35 8,335 100,020 8,762 105,144 9,203 110,436 9,660 115,920 10,134 121,608 a34 8,132 97,584 8,540 102,480 8,968 107,616 9,416 112,992 9,887 118,644 a33 7,936 95,232 8,335 100,020 8,762 105,144 9,203 110,436 9,660 115,920 a32 2413 Network Systems Manager 7,744 92,928 8,132 97,584 8,540 102,480 8,968 107,616 9,416 112,992 a32 2428 Principal Civil Engineer 7,744 92,928 8,132 97,584 8,540 102,480 8,968 107,616 9,416 112,992 a32 2425 Utility/GIS Engineer 7,744 92,928 8,132 97,584 8,540 102,480 8,968 107,616 9,416 112,992 a31 2078 Assistant Airport Manager 7,549 90,588 7,936 95,232 8,335 100,020 8,762 105,144 9,203 110,436 a30 2512 Client Technology Sys & Support Superv 7,368 88,416 7,744 92,928 8,132 97,584 8,540 102,480 8,968 107,616 a29 2475 Civil Engineer III 7,189 86,268 7,549 90,588 7,936 95,232 8,335 100,020 8,762 105,144 a29 2570 Program Development Coordinator II 7,189 86,268 7,549 90,588 7,936 95,232 8,335 100,020 8,762 105,144 a29 2451 Senior Systems Analyst 7,189 86,268 7,549 90,588 7,936 95,232 8,335 100,020 8,762 105,144 a28 2422 Senior Planner 7,012 84,144 7,368 88,416 7,744 92,928 8,132 97,584 8,540 102,480 a28 2480 Capital Project Coordinator 7,012 84,144 7,368 88,416 7,744 92,928 8,132 97,584 8,540 102,480 a27 2452 Senior Business Systems Analyst 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 8,335 100,020 a26 2474 Civil Engineer II 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 8,132 97,584 a26 2417 Systems Analyst 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 8,132 97,584 a26 3473 Water Utilities Maintenance Supervisor 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 8,132 97,584 a25 2481 Facilities Coordinator 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 a25 3484 Lead Electrical/Ctrl Systems Technician 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 a25 2470 Program Development Coordinator I 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 a25 2170 Property Services Agent 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 a25 2416 Senior Network Systems Specialist 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 a25 8179 Signal/Electronic Systems Supervisor 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 7,936 95,232 a24 2420 Database Technician 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 a24 3450 Lead Building Inspector 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 a24 3469 Lead Construction Inspector 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 a24 2403 Senior Economic Development Specialis 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 a24 2476 Transportation Planner 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 7,744 92,928 a23 8475 Airport Ops & Maintenance Supervisor 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 2429 Building Plan Reviewer 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 2421 Business Systems Analyst 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 2472 Engineering Specialist III 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 2505 GIS Analyst II 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 8175 Pavement Management Technician 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 2450 Plan Reviewer 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 2019 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2019 STEP A STEP B STEP C STEP D STEP E Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)10 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual 2019 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2019 STEP A STEP B STEP C STEP D STEP E a23 2484 Property Services Specialist 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 8001 Street Maintenance Services Supervisor 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a23 8002 Waste Water Maint. Services Superviso 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 7,549 90,588 a22 2473 Civil Engineer I 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 a22 2430 Lead Code Compliance Inspector 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 a22 5197 Neighborhood Program Coordinator 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 7,368 88,416 a21 2424 Associate Planner 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 3452 Building Inspector/Combination 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 3451 Building Inspector/Electrical 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 2200 Communications Specialist II 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 3472 Construction Inspector 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 8008 Custodial Maintenance Supervisor 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 5130 Emergency Management Coordinator 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 3089 Facilities Supervisor 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 5111 GIS Analyst I 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 2419 Network Systems Specialist 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 8006 Parks Maintenance Supervisor 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 3483 Signal/Electronics Systems Technician I 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 8004 Traffic Signage & Marking Supervisor 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a21 8000 Water Maintenance Services Superviso 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 7,189 86,268 a20 5013 Assistant Public Records Officer 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 a20 2079 Business Coordinator ‐ Airport 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 a20 2402 Economic Development Specialist 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 a20 2487 Housing Repair Coordinator 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 a20 2489 Human Services Coordinator 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 7,012 84,144 a19 6128 Accounting Supervisor 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 2427 Code Compliance Inspector 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 7182 Electrical Technician 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 3453 Energy Plans Reviewer 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 2471 Engineering Specialist II 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 3485 HVAC Systems Technician 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 7172 Lead Vehicle & Equipment Mechanic 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a19 8178 Water Utility Instr./SCADA Technician 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 6,842 82,104 a18 3456 Development Services Representative 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 a18 5195 Farmers Market Coordinator 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 a18 2015 Probation Officer 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 a18 2083 Recreation Program Coordinator 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 6,673 80,076 a17 2423 Assistant Planner 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a17 8374 Maintenance Buyer 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a17 5001 Paralegal 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a17 5213 Senior Service Desk Technician 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a17 3482 Signal/Electronics Systems Technician I 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a17 3470 Water Quality/Treatment Plant Operato 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a17 2203 Digital Media Specialist 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 6,511 78,132 a16 8284 Lead Golf Course Maintenance Worker 5,219 62,628 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 a16 8074 Lead Maintenance Services Worker 5,219 62,628 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 a16 8080 Lead Parks Maintenance Worker 5,219 62,628 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 a16 5194 Program Assistant 5,219 62,628 5,481 65,772 5,755 69,060 6,050 72,600 6,353 76,236 a15 7181 Facilities Technician II 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 a15 7184 Grounds Equipment Mechanic 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)11 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual 2019 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2019 STEP A STEP B STEP C STEP D STEP E a15 8174 Lift Station Technician 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 a15 5122 Planning Technician 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 a15 5180 Senior Program Specialist 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 a15 7170 Vehicle & Equipment Mechanic 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 a15 3474 Water Utility Maintenance Technician 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 6,200 74,400 a14 5160 Recreation Systems Technician 4,965 59,580 5,219 62,628 5,481 65,772 5,755 69,060 6,050 72,600 a13 8474 Airport Operations Specialist 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a13 3471 Engineering Specialist I 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a13 7180 Facilities Technician I 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a13 7110 Print & Mail Supervisor 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a13 5179 Program Specialist 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a13 5214 Service Desk Technician 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a13 3481 Signal/Electronics Systems Technician I 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 5,899 70,788 a12 2201 Communications Specialist I 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 5,755 69,060 a12 8283 Golf Course Maintenance Worker III 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 5,755 69,060 a12 8173 Maintenance Services Worker III 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 5,755 69,060 a12 8083 Parks Maintenance Worker III 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 5,755 69,060 a12 8573 Traffic Maintenance Worker II 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 5,755 69,060 a11 8473 Airport Maintenance Worker 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a11 5014 City Clerk Specialist 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a11 7173 Fleet Management Technician 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a11 8183 Lead Maintenance Custodian 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a11 6265 Payroll Analyst 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a11 5012 Public Records Specialist 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a11 2486 Recreation Specialist 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 5,613 67,356 a10 6164 Judicial Specialist/Trainer 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 a10 6165 Legal Assistant 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 a10 6263 Permit Technician 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 a10 6163 Probation Clerk 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 5,481 65,772 a09 6131 Accounting Assistant IV 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 a09 6151 Administrative Secretary I 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 a09 8286 Golf Course Operations Assistant 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 a09 8070 Mechanic's Assistant 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 5,344 64,128 a08 8282 Golf Course Maintenance Worker II 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 7126 Housing Repair Technician 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 6162 Judicial Specialist 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 6109 Lead Office Assistant 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 8172 Maintenance Services Worker II 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 8082 Parks Maintenance Worker II 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 8375 Purchasing Assistant 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a08 8572 Traffic Maintenance Worker I 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 5,219 62,628 a07 6132 Accounting Assistant III 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 a07 8184 Maintenance Custodian 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 a07 7112 Print & Mail Operator 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 a07 2085 Recreation Assistant 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 a07 6142 Secretary II 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 a07 8110 Water Meter Technician 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 5,085 61,020 a06 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 4,965 59,580 Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)12 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Position Title Monthly Annual Monthly Annual 2019 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2019 STEP A STEP B STEP C STEP D STEP E a05 6134 Accounting Assistant II 3,978 47,736 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 a05 6130 Office Assistant III 3,978 47,736 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 a05 6141 Secretary I 3,978 47,736 4,178 50,136 4,387 52,644 4,610 55,320 4,842 58,104 a04 6160 Court Security Officer 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a04 8281 Golf Course Maintenance Worker I 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a04 8181 Lead Custodian 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a04 8171 Maintenance Services Worker I 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a04 8081 Parks Maintenance Worker I 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a04 6282 Pro Shop Assistant 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a04 8576 Solid Waste Maintenance Worker 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 4,727 56,724 a03 6136 Accounting Assistant I 3,787 45,444 3,978 47,736 4,178 50,136 4,387 52,644 4,610 55,320 a03 6120 Office Assistant II 3,787 45,444 3,978 47,736 4,178 50,136 4,387 52,644 4,610 55,320 a03 7111 Print & Mail Assistant 3,787 45,444 3,978 47,736 4,178 50,136 4,387 52,644 4,610 55,320 a02 3,701 44,412 3,882 46,584 4,080 48,960 4,281 51,372 4,498 53,976 a01 8182 Custodian 3,605 43,260 3,787 45,444 3,978 47,736 4,178 50,136 4,387 52,644 a01 6111 Office Assistant I 3,605 43,260 3,787 45,444 3,978 47,736 4,178 50,136 4,387 52,644 $6,050 Completion of 5 Yrs 1452 Completion of 10 Yrs 2184 Completion of 15 Yrs 2904 Completion of 20 Yrs 3636 Completion of 25 Yrs 4356 Completion of 30 Yrs 5088 5% Step a14E $303 per month The City contributes 4% of employee's base wage per year to a deferred compensation account. (Article 14) 6% Step a14E $363 per month 7% Step a14E $424 per month 3% Step a14E $182 per month 4% Step a14E $242 per month LONGEVITY PAY Step a14, E = 2% Step a14E $121 per month Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)13 AGENDA ITEM # 9. c) COLA 3.75% Grade Code Monthly Annual Monthly Annual Police Chief See Management & Supervisory Matrix, Grade m49 Police Deputy Chief See Management & Supervisory Matrix, Grade m46 Police Commander See Management & Supervisory Matrix, Grade m38 pc61 3035 Sergeant*9,067 108,801 9,520 114,241 (15% over Police Officer)*Step increase at 24 months pc60 4131 Patrol Officer II 5,891 70,691 6,390 76,680 6,893 82,718 7,387 88,644 7,885 94,620 pc59 4130 Patrol Officer I 5,544 66,533 6,014 72,173 6,487 77,850 6,952 83,427 7,421 89,055 2 Percent Interpreters ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐3% Detectives ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% Traffic Assignment‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% Motorcycle Assignment‐‐‐‐‐‐‐‐‐‐‐‐‐ 2% Canine Officer ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐3% Corporal Assignment ‐‐‐‐‐‐‐‐‐‐‐‐7.5% Field Training Officer ‐‐‐‐‐‐‐‐‐‐‐‐4% Training Officer‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% SWAT Assignment ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% SRO Assignment‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% Civil Disturbance Unit ‐‐‐‐‐‐‐‐‐‐‐Paid at rate of double time with 3 hrs minimum when called to emergency. Crisis Communication Unit‐‐‐‐‐‐Paid at rate of double time with 3 hrs minimum when called to emergency. Percentage (of base wage) Percentage (of base wage) ‐ ‐ ‐ POLICE DEPARTMENT ‐ Commissioned Officers Effective January 1, 2019 2019 CITY OF RENTON SALARY TABLE STEP ASTEP BSTEP CSTEP DSTEP E Position Title HAZARD DUTY AND PREMIUM PAY (Article 6.7 and 6.8) MONTHLY LONGEVITY PAY (Appendix B) Years of Service Completion of 5 Yrs 2% Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Completion of 25 Yrs 12% BA Degree/Masters Degree 6% The City also contributes 3.0% of employee's wage base toward deferred compensation. (Appendix A.2.3) The City will contribute 3.0% of employee's wage base toward deferred compensation for passing physical fitness. (Article 6.8.4, and Appendix A.2.4) Patrol Officer II: Effective 1‐1‐18 Patrol Officer II and Sergeant had 6.25% added to their base pay to reflect the additional 109 hours worked in a calendar year. This is reflected in the ranges above. Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY (Appendix B) AA Degree (90 credits)4% Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)14 AGENDA ITEM # 9. c) ‐ NOTE: Please refer to the current labor agreement for specific information. Effective January 1, 2008, Sergeants assigned to Investigation and Traffic Unit will not receive the 3% premium if they have been in the position of Sergeant for 24 months. Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)15 AGENDA ITEM # 9. c) 3.5% GradeCodePosition Title Monthly Annual Monthly Annual pn58 6178 Police Service Specialist Supv 6,250 75,004 6,563 78,755 Step A(15% above Specialist, Step E)* step increase at 24 months Step E (5% above Supervisor, Step A) pn57 6182 Police Service Specialist Lead 5,843 70,111 5,843 70,111 (7.5% above Specialist, Step E) pn54 4138 Police Community Prgm Coord 4,836 58,032 5,226 62,712 5,741 68,892 6,189 74,268 6,499 77,988 pn54 4120 Crime Analyst 4,836 58,032 5,226 62,712 5,741 68,892 6,189 74,268 6,499 77,988 pn56 4133 Electronic Home Detention Coord 4,771 57,252 5,149 61,788 5,670 68,040 6,233 74,796 6,543 78,516 pn53 3432 Evidence Technician 4,552 54,624 4,913 58,956 5,407 64,884 5,949 71,388 6,255 75,060 pn61 4121 Domestic Violence Victim Advocate 4,514 54,168 4,904 58,848 5,450 65,400 5,991 71,892 6,308 75,696 pn60 4,305 51,660 4,676 56,112 5,195 62,340 5,712 68,544 6,010 72,120 pn52 4135 Animal Control Officer 4,293 51,516 4,642 55,704 5,104 61,248 5,613 67,356 5,894 70,728 pn62 6181 Police Service Specialist 3,959 47,508 4,277 51,324 4,707 56,484 5,178 62,136 5,435 65,220 pn51 6183 Police Secretary 3,708 44,496 4,003 48,036 4,407 52,884 4,850 58,200 5,089 61,068 pn51 4137 Parking Enforcement Officer 3,708 44,496 4,003 48,036 4,407 52,884 4,850 58,200 5,089 61,068 11 Interpreter Premium………………………………..………………….……………. 3% of base pay (Article 6.5.2) 2.5% of base pay (Article 6.5.3) 4% of base pay (Article 6.5.1) Double time with 3 hrs min (Article 6.4) Completion of 25 Yrs POLICE NON‐COMMISSIONED‐ MONTHLY LONGEVITY INCENTIVE PAY SCHEDULE (Article 12, Appendix B.1) Public Records Act Premium…………………………………………………………… Field Training Officer, FTO (Police Service Specialist)…………........… ‐ The City will contribute an additional 3.0% of employee's wage base toward deferred comp for passing physical fitness prior to beginning of each calendar year. (Article 6.8.3) ‐ The City contributes 5.5% of the employee's base wage to a deferred comp. (Appendix A.3) AA Degree (90 credits) Completion of 15 Yrs Completion of 10 Yrs BA/BS Degree or Masters Degree Completion of 30 Yrs 6% 4% 4% 6% 10% 12% 14% MONTHLY EDUCATIONAL INCENTIVE PAY SCHEDULE (Appendix B.2) Percentage (of base wage) STEP A 2019 CITY OF RENTON SALARY TABLE Completion of 20 Yrs POLICE DEPARTMENT ‐ Non‐Commissioned Officers Years of Service NON‐ COMMISSIONED PREMIUM PAY (Articles 6.4 and 6.5) Effective April 1, 2019 STEP DSTEP C Crisis Communication Unit………………………………………..…...……… Completion of 5 Yrs STEP BSTEP E 2% Percentage (of base wage) Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)16 AGENDA ITEM # 9. c) Grade STEP A STEP B STEP C STEP D STEP E h05 12.00 12.25 h06 12.50 12.75 13.00 13.25 13.50 h07 13.75 14.00 14.25 14.50 14.75 h08 15.00 15.25 15.50 15.75 16.00 h09 16.25 16.50 16.75 17.00 17.25 h10 17.50 17.75 18.00 18.25 18.50 h11 18.75 19.00 19.25 19.50 19.75 h12 20.00 20.50 21.00 21.50 22.00 h13 22.50 23.00 23.50 24.00 24.50 h14 25.00 25.50 26.00 26.50 27.00 h15 27.50 28.00 28.50 29.00 29.50 h16 30.00 30.50 31.00 31.50 32.00 h17 32.50 33.00 33.50 34.00 34.50 h18 35.00 35.50 36.00 36.50 37.00 h19 37.50 38.00 38.50 39.00 39.50 h20 40.00 40.50 41.00 41.50 42.00 h21 42.25 42.50 42.75 43.00 43.25 h22 43.50 43.75 44.00 44.25 44.50 h23 45.00 45.50 46.00 46.50 47.00 h24 47.50 48.00 48.50 49.00 49.50 h25 50.00 51.00 52.00 53.00 54.00 h26 55.00 60.00 65.00 70.00 75.00 h27 80.00 85.00 90.00 95.00 100.00 h28 105.00 110.00 115.00 120.00 125.00 2019 CITY OF RENTON SALARY TABLE SUPPLEMENTAL EMPLOYEE WAGE TABLE Exhibit C: 2019 Salary Index 2019 Salary Index (2019-2020 Mid-Bi BA)17 AGENDA ITEM # 9. c) COLA 3.50% Grade Code Position Title Monthly Annual Monthly Annual e10 1030 Mayor (1)15,059 180,708 15,059 180,708 e09 1005 City Council President 1,450 17,400 1,450 17,400 e09 1000 City Council Members (2)1,250 15,000 1,250 15,000 e08 10,397 124,764 10,925 131,100 11,476 137,712 12,057 144,684 12,665 151,980 e11 1020 Municipal Court Judge (6)14,396 172,754 14,396 172,754 Salary effective July 2019 ‐ June 2020 m53 1035 Chief Administrative Officer (3)13,641 163,692 14,336 172,032 15,059 180,708 15,819 189,828 16,612 199,344 m52 13,307 159,684 13,980 167,760 14,694 176,328 15,438 185,256 16,209 194,508 m51 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 15,819 189,828 m50 12,665 151,980 13,307 159,684 13,980 167,760 14,694 176,328 15,438 185,256 m49 1400 City Attorney (3)12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m49 1102 Community Services Administrator (3)12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m49 1105 Community & Economic Development Administrato 12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m49 1101 Administrative Services Administrator (3)12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m49 1104 Human Resources & Risk Mgmt Administrator (3) 12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m49 1103 Public Works Administrator (3)12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m49 1201 Police Chief (3)12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 15,059 180,708 m48 12,057 144,684 12,665 151,980 13,307 159,684 13,980 167,760 14,694 176,328 m47 11,764 141,168 12,360 148,320 12,983 155,796 13,641 163,692 14,336 172,032 m46 1535 Police Deputy Chief (4)11,476 137,712 12,057 144,684 12,665 151,980 13,307 159,684 13,980 167,760 m45 1200 Deputy Public Affairs Administrator (3)11,197 134,364 11,764 141,168 12,360 148,320 12,983 155,796 13,641 163,692 m45 1573 Deputy PW Administrator ‐ Transportation (3) 11,197 134,364 11,764 141,168 12,360 148,320 12,983 155,796 13,641 163,692 m45 Deputy Community Services Administrator 11,197 134,364 11,764 141,168 12,360 148,320 12,983 155,796 13,641 163,692 m44 10,925 131,100 11,476 137,712 12,057 144,684 12,665 151,980 13,307 159,684 m43 10,656 127,872 11,197 134,364 11,764 141,168 12,360 148,320 12,983 155,796 m42 1401 Sr Assistant City Attorney 10,397 124,764 10,925 131,100 11,476 137,712 12,057 144,684 12,665 151,980 m41 10,145 121,740 10,656 127,872 11,197 134,364 11,764 141,168 12,360 148,320 m40 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 12,057 144,684 m39 9,657 115,884 10,145 121,740 10,656 127,872 11,197 134,364 11,764 141,168 m38 2011 City Clerk/Public Records Officer 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1403 Chief Prosecuting Attorney 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1500 Court Services Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1575 Development Services Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1501 Economic Development Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 2044 Emergency Management Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1207 Facilities Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1210 Fiscal Services Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1212 Information Technology Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1571 Maintenance Services Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 2020 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E ELECTED OFFICIALS MANAGEMENT & SUPERVISORY (NON‐UNION) Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)18 AGENDA ITEM # 9. c) COLA 3.50% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E m38 8084 Parks and Trails Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1208 Parks Planning and Natural Resources Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1502 Planning Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 2031 Police Commander (5)9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1214 Recreation & Neighborhoods Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1570 Utility Systems Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m38 1572 Transportation Systems Director 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 11,476 137,712 m37 9,194 110,328 9,657 115,884 10,145 121,740 10,656 127,872 11,197 134,364 m36 2463 HR Labor Relations & Compensation Manager 8,968 107,616 9,422 113,064 9,899 118,788 10,397 124,764 10,925 131,100 m35 1402 Assistant City Attorney 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 10,656 127,872 m34 2460 Organizational Development Manager 8,530 102,360 8,968 107,616 9,422 113,064 9,899 118,788 10,397 124,764 m33 2072 Airport Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2074 Building Official 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2021 Current Planning Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2073 Development Engineering Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2411 Financial Services Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2020 Long Range Planning Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2174 Property & Technical Services Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2176 Transportation Design Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2075 Transportation Operations Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2177 Transportation Planning Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 2172 Utility Engineering Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m33 3072 Water Maintenance Manager 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 10,145 121,740 m32 4480 Capital Projects Manager 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 9,899 118,788 m32 1577 Economic Development Manager 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 9,899 118,788 m32 3083 Urban Forestry and Natural Resources Manager 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 9,899 118,788 m31 7,925 95,100 8,325 99,900 8,747 104,964 9,194 110,328 9,657 115,884 m30 2418 Application Support Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 3073 Fleet Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 2407 GIS Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 2462 Human Resources Benefits Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 2033 Police Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 2409 Risk Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 3071 Street Maintenance Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 3176 Transportation Maintenance Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m30 3070 Waste Water/Special Operations Manager 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 9,422 113,064 m29 3084 Golf Course Manager 7,538 90,456 7,925 95,100 8,325 99,900 8,747 104,964 9,194 110,328 m29 1522 Human Services Manager 7,538 90,456 7,925 95,100 8,325 99,900 8,747 104,964 9,194 110,328 m29 1404 Prosecuting Attorney 7,538 90,456 7,925 95,100 8,325 99,900 8,747 104,964 9,194 110,328 m29 2087 Recreation & Neighborhoods Manager 7,538 90,456 7,925 95,100 8,325 99,900 8,747 104,964 9,194 110,328 m28 3086 Facilities Manager 7,361 88,332 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 m28 8010 Parks Maintenance Manager 7,361 88,332 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 m28 1116 Tax & Licensing Manager 7,361 88,332 7,732 92,784 8,122 97,464 8,530 102,360 8,968 107,616 m27 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 8,747 104,964 m26 2202 Communications Manager 7,005 84,060 7,361 88,332 7,732 92,784 8,122 97,464 8,530 102,360 m25 5116 Financial Services Supervisor 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 m25 2086 Golf Professional 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 m25 2562 Senior Benefits Analyst 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 m25 2563 Senior Employee Relations Analyst 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 m25 2410 Senior Finance Analyst 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)19 AGENDA ITEM # 9. c) COLA 3.50% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E m25 Senior Risk Analyst 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 m25 2479 Solid Waste Coordinator 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 8,325 99,900 m24 5112 Deputy City Clerk/Enterprise Content Manager 6,671 80,052 7,005 84,060 7,361 88,332 7,732 92,784 8,122 97,464 m23 3562 Benefits Analyst 6,501 78,012 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 m23 3563 Employee Relations Analyst 6,501 78,012 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 m23 2080 Recreation Supervisor 6,501 78,012 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 m23 2461 Risk Analyst 6,501 78,012 6,834 82,008 7,180 86,160 7,538 90,456 7,925 95,100 m22 2404 Community Relation & Events Coordinator 6,348 76,176 6,671 80,052 7,005 84,060 7,361 88,332 7,732 92,784 m22 1510 Court Services Supervisor 6,348 76,176 6,671 80,052 7,005 84,060 7,361 88,332 7,732 92,784 m22 8007 Golf Course Supervisor 6,348 76,176 6,671 80,052 7,005 84,060 7,361 88,332 7,732 92,784 m22 2091 Museum Manager 6,348 76,176 6,671 80,052 7,005 84,060 7,361 88,332 7,732 92,784 m22 5253 Permit Center Supervisor 6,348 76,176 6,671 80,052 7,005 84,060 7,361 88,332 7,732 92,784 m21 6,191 74,292 6,501 78,012 6,834 82,008 7,180 86,160 7,538 90,456 m20 6,040 72,480 6,348 76,176 6,671 80,052 7,005 84,060 7,361 88,332 m19 5,895 70,740 6,191 74,292 6,501 78,012 6,834 82,008 7,180 86,160 m18 5,747 68,964 6,040 72,480 6,348 76,176 6,671 80,052 7,005 84,060 m17 6150 City Council Liaison 5,610 67,320 5,895 70,740 6,191 74,292 6,501 78,012 6,834 82,008 m17 6103 Executive Assistant 5,610 67,320 5,895 70,740 6,191 74,292 6,501 78,012 6,834 82,008 n16 5118 Finance Analyst III 5,451 65,412 5,726 68,712 6,007 72,084 6,316 75,792 6,631 79,572 n16 2217 Tax & Licensing Auditor II 5,451 65,412 5,726 68,712 6,007 72,084 6,316 75,792 6,631 79,572 n15 5,309 63,708 5,584 67,008 5,864 70,368 6,162 73,944 6,477 77,724 n14 6153 Administrative Assistant 5,185 62,220 5,451 65,412 5,726 68,712 6,007 72,084 6,316 75,792 n13 5115 Finance Analyst II 5,057 60,684 5,309 63,708 5,584 67,008 5,864 70,368 6,162 73,944 n13 2216 Tax & Licensing Auditor I 5,057 60,684 5,309 63,708 5,584 67,008 5,864 70,368 6,162 73,944 n12 4,938 59,256 5,185 62,220 5,451 65,412 5,726 68,712 6,007 72,084 n11 2488 Assistant Golf Professional 4,813 57,756 5,057 60,684 5,309 63,708 5,584 67,008 5,864 70,368 n11 5139 Human Resources Assistant 4,813 57,756 5,057 60,684 5,309 63,708 5,584 67,008 5,864 70,368 n10 5114 Finance Analyst I 4,698 56,376 4,938 59,256 5,185 62,220 5,451 65,412 5,726 68,712 n09 4,586 55,032 4,813 57,756 5,057 60,684 5,309 63,708 5,584 67,008 n08 4,471 53,652 4,698 56,376 4,938 59,256 5,185 62,220 5,451 65,412 n07 6144 Secretary II EX 4,363 52,356 4,586 55,032 4,813 57,756 5,057 60,684 5,309 63,708 n06 4,255 51,060 4,471 53,652 4,698 56,376 4,938 59,256 5,185 62,220 n05 4,152 49,824 4,363 52,356 4,586 55,032 4,813 57,756 5,057 60,684 n04 4,053 48,636 4,255 51,060 4,471 53,652 4,698 56,376 4,938 59,256 n03 3,958 47,496 4,152 49,824 4,363 52,356 4,586 55,032 4,813 57,756 n02 3,861 46,332 4,053 48,636 4,255 51,060 4,471 53,652 4,698 56,376 n01 3,772 45,264 3,958 47,496 4,152 49,824 4,363 52,356 4,586 55,032 NON‐UNION (CLERICAL, OTHER) Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)20 AGENDA ITEM # 9. c) COLA 3.50% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE NON‐REPRESENTED Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E $6,247 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs (1) In addition to salary receives annual car allowance. (2) (3) Not eligible for Longevity/Education or Uniform Allowance (4) Not eligible for Longevity/Education or Uniform Allowance Eligible for 3% cash premium or 3% into deferred compensation per employee's discretion for passing physical fitness. (5) Receive Education/Longevity & Uniform Allowance based on Union Contract plus eligible for 3% deferred compensation for passing physical fitness (6) 4 year term (7) Council president to be paid $200/month above council members salary. Step a14, E = 2% Step a14E $125 per month NON‐REPRESENTED LONGEVITY PAY 3% Step a14E $187 per month 4% Step a14E $250 per month Council members salary set per Salary Commission effective 1/1/16. Council receives 2% of salary for deferred comp. If members are not participating in PERS, they receive an extra 1.4 % of salary for deferred compensation. Salary effective until 12/31/2019. The City contributes 4% of employee's base wage per year to a deferred compensation account for Management and Non‐Represented employees; except for CAO receives 7% per year. 5% Step a14E $312 per month 6% Step a14E $375 per month 7% Step a14E $437 per month Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)21 AGENDA ITEM # 9. c) COLA 3.25% Grade Code Position Title Monthly Annual Monthly Annual a40 9,722 116,664 10,208 122,496 10,726 128,712 11,271 135,252 11,840 142,080 a39 9,502 114,024 9,974 119,688 10,463 125,556 10,995 131,940 11,552 138,624 ‐ a38 9,259 111,108 9,722 116,664 10,208 122,496 10,726 128,712 11,271 135,252 a37 9,047 108,564 9,502 114,024 9,974 119,688 10,463 125,556 10,995 131,940 a36 8,818 105,816 9,259 111,108 9,722 116,664 10,208 122,496 10,726 128,712 14,396 172,754 14,396 172,754 a35 8,606 103,272 9,047 108,564 9,502 114,024 9,974 119,688 10,463 125,556 a34 8,396 100,752 8,818 105,816 9,259 111,108 9,722 116,664 10,208 122,496 a33 8,194 98,328 8,606 103,272 9,047 108,564 9,502 114,024 9,974 119,688 a32 2413 Network Systems Manager 7,996 95,952 8,396 100,752 8,818 105,816 9,259 111,108 9,722 116,664 a32 2428 Principal Civil Engineer 7,996 95,952 8,396 100,752 8,818 105,816 9,259 111,108 9,722 116,664 a32 2425 Utility/GIS Engineer 7,996 95,952 8,396 100,752 8,818 105,816 9,259 111,108 9,722 116,664 a31 2078 Assistant Airport Manager 7,794 93,528 8,194 98,328 8,606 103,272 9,047 108,564 9,502 114,024 a30 2512 Client Technology Sys & Support Superv 7,607 91,284 7,996 95,952 8,396 100,752 8,818 105,816 9,259 111,108 a29 2475 Civil Engineer III 7,423 89,076 7,794 93,528 8,194 98,328 8,606 103,272 9,047 108,564 a29 2570 Program Development Coordinator II 7,423 89,076 7,794 93,528 8,194 98,328 8,606 103,272 9,047 108,564 a29 2451 Senior Systems Analyst 7,423 89,076 7,794 93,528 8,194 98,328 8,606 103,272 9,047 108,564 a28 2422 Senior Planner 7,240 86,880 7,607 91,284 7,996 95,952 8,396 100,752 8,818 105,816 a28 2480 Capital Project Coordinator 7,240 86,880 7,607 91,284 7,996 95,952 8,396 100,752 8,818 105,816 a27 2452 Senior Business Systems Analyst 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 8,606 103,272 a26 2474 Civil Engineer II 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 8,396 100,752 a26 2417 Systems Analyst 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 8,396 100,752 a26 3473 Water Utilities Maintenance Supervisor 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 8,396 100,752 a25 2481 Facilities Coordinator 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 a25 3484 Lead Electrical/Ctrl Systems Technician 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 a25 2470 Program Development Coordinator I 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 a25 2170 Property Services Agent 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 a25 2416 Senior Network Systems Specialist 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 a25 8179 Signal/Electronic Systems Supervisor 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 8,194 98,328 a24 2420 Database Technician 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 a24 3450 Lead Building Inspector 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 a24 3469 Lead Construction Inspector 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 a24 2403 Senior Economic Development Specialis 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 a24 2476 Transportation Planner 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 7,996 95,952 a23 8475 Airport Ops & Maintenance Supervisor 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 2429 Building Plan Reviewer 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 2421 Business Systems Analyst 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 2472 Engineering Specialist III 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 2505 GIS Analyst II 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 8175 Pavement Management Technician 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 2450 Plan Reviewer 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)22 AGENDA ITEM # 9. c) COLA 3.25% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E a23 2484 Property Services Specialist 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 8001 Street Maintenance Services Supervisor 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a23 8002 Waste Water Maint. Services Superviso 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 7,794 93,528 a22 2473 Civil Engineer I 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 a22 2430 Lead Code Compliance Inspector 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 a22 5197 Neighborhood Program Coordinator 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 7,607 91,284 a21 2424 Associate Planner 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 3452 Building Inspector/Combination 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 3451 Building Inspector/Electrical 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 2200 Communications Specialist II 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 3472 Construction Inspector 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 8008 Custodial Maintenance Supervisor 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 5130 Emergency Management Coordinator 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 3089 Facilities Supervisor 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 5111 GIS Analyst I 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 2419 Network Systems Specialist 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 8006 Parks Maintenance Supervisor 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 3483 Signal/Electronics Systems Technician I 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 8004 Traffic Signage & Marking Supervisor 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a21 8000 Water Maintenance Services Superviso 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 7,423 89,076 a20 5013 Assistant Public Records Officer 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 a20 2079 Business Coordinator ‐ Airport 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 a20 2402 Economic Development Specialist 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 a20 2487 Housing Repair Coordinator 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 a20 2489 Human Services Coordinator 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 7,240 86,880 a19 6128 Accounting Supervisor 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 2427 Code Compliance Inspector 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 7182 Electrical Technician 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 3453 Energy Plans Reviewer 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 2471 Engineering Specialist II 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 3485 HVAC Systems Technician 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 7172 Lead Vehicle & Equipment Mechanic 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a19 8178 Water Utility Instr./SCADA Technician 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 7,064 84,768 a18 3456 Development Services Representative 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 a18 5195 Farmers Market Coordinator 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 a18 2015 Probation Officer 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 a18 2083 Recreation Program Coordinator 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 6,890 82,680 a17 2423 Assistant Planner 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a17 8374 Maintenance Buyer 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a17 5001 Paralegal 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a17 5213 Senior Service Desk Technician 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a17 3482 Signal/Electronics Systems Technician I 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a17 3470 Water Quality/Treatment Plant Operato 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a17 2203 Digital Media Specialist 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 6,723 80,676 a16 8284 Lead Golf Course Maintenance Worker 5,389 64,668 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 a16 8074 Lead Maintenance Services Worker 5,389 64,668 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 a16 8080 Lead Parks Maintenance Worker 5,389 64,668 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 a16 5194 Program Assistant 5,389 64,668 5,659 67,908 5,942 71,304 6,247 74,964 6,559 78,708 a15 7181 Facilities Technician II 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 a15 7184 Grounds Equipment Mechanic 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)23 AGENDA ITEM # 9. c) COLA 3.25% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E a15 8174 Lift Station Technician 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 a15 5122 Planning Technician 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 a15 5180 Senior Program Specialist 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 a15 7170 Vehicle & Equipment Mechanic 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 a15 3474 Water Utility Maintenance Technician 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 6,402 76,824 a14 5160 Recreation Systems Technician 5,126 61,512 5,389 64,668 5,659 67,908 5,942 71,304 6,247 74,964 a13 8474 Airport Operations Specialist 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 3471 Engineering Specialist I 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 7180 Facilities Technician I 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 3487 Housing Maintenance Technician 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 7110 Print & Mail Supervisor 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 5179 Program Specialist 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 5214 Service Desk Technician 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a13 3481 Signal/Electronics Systems Technician I 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 6,091 73,092 a12 2201 Communications Specialist I 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 5,942 71,304 a12 8283 Golf Course Maintenance Worker III 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 5,942 71,304 a12 8173 Maintenance Services Worker III 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 5,942 71,304 a12 8083 Parks Maintenance Worker III 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 5,942 71,304 a12 8573 Traffic Maintenance Worker II 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 5,942 71,304 a11 8473 Airport Maintenance Worker 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a11 5014 City Clerk Specialist 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a11 7173 Fleet Management Technician 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a11 8183 Lead Maintenance Custodian 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a11 6265 Payroll Analyst 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a11 5012 Public Records Specialist 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a11 2486 Recreation Specialist 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 5,795 69,540 a10 6164 Judicial Specialist/Trainer 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 a10 6165 Legal Assistant 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 a10 6263 Permit Technician 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 a10 6163 Probation Clerk 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 5,659 67,908 a09 6131 Accounting Assistant IV 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 a09 6151 Administrative Secretary I 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 a09 8286 Golf Course Operations Assistant 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 a09 8070 Mechanic's Assistant 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 5,518 66,216 a08 8282 Golf Course Maintenance Worker II 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 7126 Housing Repair Technician 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 6162 Judicial Specialist 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 6109 Lead Office Assistant 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 8172 Maintenance Services Worker II 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 8082 Parks Maintenance Worker II 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 8375 Purchasing Assistant 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a08 8572 Traffic Maintenance Worker I 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 5,389 64,668 a07 6132 Accounting Assistant III 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 a07 8184 Maintenance Custodian 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 a07 7112 Print & Mail Operator 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 a07 2085 Recreation Assistant 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 a07 6142 Secretary II 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 a07 8110 Water Meter Technician 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 5,250 63,000 Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)24 AGENDA ITEM # 9. c) COLA 3.25% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective January 1, 2020 STEP A STEP B STEP C STEP D STEP E a06 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 5,126 61,512 a05 6134 Accounting Assistant II 4,107 49,284 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 a05 6130 Office Assistant III 4,107 49,284 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 a05 6141 Secretary I 4,107 49,284 4,314 51,768 4,530 54,360 4,760 57,120 4,999 59,988 a04 6160 Court Security Officer 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a04 8281 Golf Course Maintenance Worker I 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a04 8181 Lead Custodian 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a04 8171 Maintenance Services Worker I 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a04 8081 Parks Maintenance Worker I 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a04 6282 Pro Shop Assistant 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a04 8576 Solid Waste Maintenance Worker 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 4,881 58,572 a03 6136 Accounting Assistant I 3,910 46,920 4,107 49,284 4,314 51,768 4,530 54,360 4,760 57,120 a03 6120 Office Assistant II 3,910 46,920 4,107 49,284 4,314 51,768 4,530 54,360 4,760 57,120 a03 7111 Print & Mail Assistant 3,910 46,920 4,107 49,284 4,314 51,768 4,530 54,360 4,760 57,120 a02 3,821 45,852 4,008 48,096 4,213 50,556 4,420 53,040 4,644 55,728 a01 8182 Custodian 3,722 44,664 3,910 46,920 4,107 49,284 4,314 51,768 4,530 54,360 a01 6111 Office Assistant I 3,722 44,664 3,910 46,920 4,107 49,284 4,314 51,768 4,530 54,360 $6,247 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs 5% Step a14E $312 per month The City contributes 4% of employee's base wage per year to a deferred compensation account. (Article 14) 6% Step a14E $375 per month 7% Step a14E $437 per month 3% Step a14E $187 per month 4% Step a14E $250 per month LONGEVITY PAY Step a14, E = 2% Step a14E $125 per month Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)25 AGENDA ITEM # 9. c) COLA* 3.50% Grade Code Position Title Monthly Annual Monthly Annual a40 9,746 116,952 10,233 122,796 10,752 129,024 11,298 135,576 11,868 142,416 a39 9,525 114,300 9,998 119,976 10,489 125,868 11,022 132,264 11,580 138,960 ‐ a38 9,282 111,384 9,746 116,952 10,233 122,796 10,752 129,024 11,298 135,576 a37 9,069 108,828 9,525 114,300 9,998 119,976 10,489 125,868 11,022 132,264 a36 8,839 106,068 9,282 111,384 9,746 116,952 10,233 122,796 10,752 129,024 14,396 172,754 14,396 172,754 a35 8,627 103,524 9,069 108,828 9,525 114,300 9,998 119,976 10,489 125,868 a34 8,417 101,004 8,839 106,068 9,282 111,384 9,746 116,952 10,233 122,796 a33 8,214 98,568 8,627 103,524 9,069 108,828 9,525 114,300 9,998 119,976 a32 2413 Network Systems Manager 8,015 96,180 8,417 101,004 8,839 106,068 9,282 111,384 9,746 116,952 a32 2428 Principal Civil Engineer 8,015 96,180 8,417 101,004 8,839 106,068 9,282 111,384 9,746 116,952 a32 2425 Utility/GIS Engineer 8,015 96,180 8,417 101,004 8,839 106,068 9,282 111,384 9,746 116,952 a31 2078 Assistant Airport Manager 7,813 93,756 8,214 98,568 8,627 103,524 9,069 108,828 9,525 114,300 a30 2512 Client Technology Sys & Support Superv 7,626 91,512 8,015 96,180 8,417 101,004 8,839 106,068 9,282 111,384 a29 2475 Civil Engineer III 7,441 89,292 7,813 93,756 8,214 98,568 8,627 103,524 9,069 108,828 a29 2570 Program Development Coordinator II 7,441 89,292 7,813 93,756 8,214 98,568 8,627 103,524 9,069 108,828 a29 2451 Senior Systems Analyst 7,441 89,292 7,813 93,756 8,214 98,568 8,627 103,524 9,069 108,828 a28 2422 Senior Planner 7,257 87,084 7,626 91,512 8,015 96,180 8,417 101,004 8,839 106,068 a28 2480 Capital Project Coordinator 7,257 87,084 7,626 91,512 8,015 96,180 8,417 101,004 8,839 106,068 a27 2452 Senior Business Systems Analyst 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 8,627 103,524 a26 2474 Civil Engineer II 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 8,417 101,004 a26 2417 Systems Analyst 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 8,417 101,004 a26 3473 Water Utilities Maintenance Supervisor 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 8,417 101,004 a25 2481 Facilities Coordinator 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 a25 3484 Lead Electrical/Ctrl Systems Technician 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 a25 2470 Program Development Coordinator I 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 a25 2170 Property Services Agent 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 a25 2416 Senior Network Systems Specialist 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 a25 8179 Signal/Electronic Systems Supervisor 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 8,214 98,568 a24 2420 Database Technician 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 a24 3450 Lead Building Inspector 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 a24 3469 Lead Construction Inspector 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 a24 2403 Senior Economic Development Specialis 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 a24 2476 Transportation Planner 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 8,015 96,180 a23 8475 Airport Ops & Maintenance Supervisor 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 2429 Building Plan Reviewer 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 2421 Business Systems Analyst 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 2472 Engineering Specialist III 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 2505 GIS Analyst II 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 8175 Pavement Management Technician 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 2450 Plan Reviewer 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2020 STEP A STEP B STEP C STEP D STEP E Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)26 AGENDA ITEM # 9. c) COLA* 3.50% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2020 STEP A STEP B STEP C STEP D STEP E a23 2484 Property Services Specialist 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 8001 Street Maintenance Services Supervisor 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a23 8002 Waste Water Maint. Services Superviso 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 7,813 93,756 a22 2473 Civil Engineer I 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 a22 2430 Lead Code Compliance Inspector 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 a22 5197 Neighborhood Program Coordinator 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 7,626 91,512 a21 2424 Associate Planner 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 3452 Building Inspector/Combination 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 3451 Building Inspector/Electrical 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 2200 Communications Specialist II 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 3472 Construction Inspector 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 8008 Custodial Maintenance Supervisor 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 5130 Emergency Management Coordinator 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 3089 Facilities Supervisor 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 5111 GIS Analyst I 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 2419 Network Systems Specialist 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 8006 Parks Maintenance Supervisor 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 3483 Signal/Electronics Systems Technician I 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 8004 Traffic Signage & Marking Supervisor 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a21 8000 Water Maintenance Services Superviso 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 7,441 89,292 a20 5013 Assistant Public Records Officer 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 a20 2079 Business Coordinator ‐ Airport 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 a20 2402 Economic Development Specialist 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 a20 2487 Housing Repair Coordinator 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 a20 2489 Human Services Coordinator 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 7,257 87,084 a19 6128 Accounting Supervisor 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 2427 Code Compliance Inspector 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 7182 Electrical Technician 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 3453 Energy Plans Reviewer 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 2471 Engineering Specialist II 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 3485 HVAC Systems Technician 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 7172 Lead Vehicle & Equipment Mechanic 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a19 8178 Water Utility Instr./SCADA Technician 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 7,081 84,972 a18 3456 Development Services Representative 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 a18 5195 Farmers Market Coordinator 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 a18 2015 Probation Officer 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 a18 2083 Recreation Program Coordinator 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 6,907 82,884 a17 2423 Assistant Planner 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a17 8374 Maintenance Buyer 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a17 5001 Paralegal 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a17 5213 Senior Service Desk Technician 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a17 3482 Signal/Electronics Systems Technician I 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a17 3470 Water Quality/Treatment Plant Operato 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a17 2203 Digital Media Specialist 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 6,739 80,868 a16 8284 Lead Golf Course Maintenance Worker 5,402 64,824 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 a16 8074 Lead Maintenance Services Worker 5,402 64,824 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 a16 8080 Lead Parks Maintenance Worker 5,402 64,824 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 a16 5194 Program Assistant 5,402 64,824 5,673 68,076 5,956 71,472 6,262 75,144 6,575 78,900 a15 7181 Facilities Technician II 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 a15 7184 Grounds Equipment Mechanic 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)27 AGENDA ITEM # 9. c) COLA* 3.50% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2020 STEP A STEP B STEP C STEP D STEP E a15 8174 Lift Station Technician 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 a15 5122 Planning Technician 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 a15 5180 Senior Program Specialist 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 a15 7170 Vehicle & Equipment Mechanic 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 a15 3474 Water Utility Maintenance Technician 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 6,417 77,004 a14 5160 Recreation Systems Technician 5,139 61,668 5,402 64,824 5,673 68,076 5,956 71,472 6,262 75,144 a13 8474 Airport Operations Specialist 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 3471 Engineering Specialist I 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 7180 Facilities Technician I 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 3487 Housing Maintenance Technician 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 7110 Print & Mail Supervisor 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 5179 Program Specialist 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 5214 Service Desk Technician 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a13 3481 Signal/Electronics Systems Technician I 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 6,105 73,260 a12 2201 Communications Specialist I 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 5,956 71,472 a12 8283 Golf Course Maintenance Worker III 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 5,956 71,472 a12 8173 Maintenance Services Worker III 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 5,956 71,472 a12 8083 Parks Maintenance Worker III 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 5,956 71,472 a12 8573 Traffic Maintenance Worker II 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 5,956 71,472 a11 8473 Airport Maintenance Worker 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a11 5014 City Clerk Specialist 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a11 7173 Fleet Management Technician 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a11 8183 Lead Maintenance Custodian 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a11 6265 Payroll Analyst 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a11 5012 Public Records Specialist 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a11 2486 Recreation Specialist 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 5,809 69,708 a10 6164 Judicial Specialist/Trainer 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 a10 6165 Legal Assistant 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 a10 6263 Permit Technician 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 a10 6163 Probation Clerk 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 5,673 68,076 a09 6131 Accounting Assistant IV 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 a09 6151 Administrative Secretary I 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 a09 8286 Golf Course Operations Assistant 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 a09 8070 Mechanic's Assistant 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 5,531 66,372 a08 8282 Golf Course Maintenance Worker II 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 7126 Housing Repair Technician 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 6162 Judicial Specialist 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 6109 Lead Office Assistant 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 8172 Maintenance Services Worker II 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 8082 Parks Maintenance Worker II 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 8375 Purchasing Assistant 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a08 8572 Traffic Maintenance Worker I 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 5,402 64,824 a07 6132 Accounting Assistant III 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 a07 8184 Maintenance Custodian 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 a07 7112 Print & Mail Operator 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 a07 2085 Recreation Assistant 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 a07 6142 Secretary II 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 a07 8110 Water Meter Technician 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 5,263 63,156 Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)28 AGENDA ITEM # 9. c) COLA* 3.50% Grade Code Position Title Monthly Annual Monthly Annual 2020 CITY OF RENTON SALARY TABLE AFSCME, Local 2170 Effective July 1, 2020 STEP A STEP B STEP C STEP D STEP E a06 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 5,139 61,668 a05 6134 Accounting Assistant II 4,117 49,404 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 a05 6130 Office Assistant III 4,117 49,404 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 a05 6141 Secretary I 4,117 49,404 4,324 51,888 4,541 54,492 4,771 57,252 5,011 60,132 a04 6160 Court Security Officer 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a04 8281 Golf Course Maintenance Worker I 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a04 8181 Lead Custodian 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a04 8171 Maintenance Services Worker I 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a04 8081 Parks Maintenance Worker I 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a04 6282 Pro Shop Assistant 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a04 8576 Solid Waste Maintenance Worker 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 4,892 58,704 a03 6136 Accounting Assistant I 3,920 47,040 4,117 49,404 4,324 51,888 4,541 54,492 4,771 57,252 a03 6120 Office Assistant II 3,920 47,040 4,117 49,404 4,324 51,888 4,541 54,492 4,771 57,252 a03 7111 Print & Mail Assistant 3,920 47,040 4,117 49,404 4,324 51,888 4,541 54,492 4,771 57,252 a02 3,831 45,972 4,018 48,216 4,223 50,676 4,431 53,172 4,655 55,860 a01 8182 Custodian 3,731 44,772 3,920 47,040 4,117 49,404 4,324 51,888 4,541 54,492 a01 6111 Office Assistant I 3,731 44,772 3,920 47,040 4,117 49,404 4,324 51,888 4,541 54,492 $6,262 Completion of 5 Yrs Completion of 10 Yrs Completion of 15 Yrs Completion of 20 Yrs Completion of 25 Yrs Completion of 30 Yrs 5% Step a14E $313 per month The City contributes 4% of employee's base wage per year to a deferred compensation account. (Article 14) 6% Step a14E $376 per month 7% Step a14E $438 per month 3% Step a14E $188 per month 4% Step a14E $250 per month LONGEVITY PAY Step a14, E = 2% Step a14E $125 per month Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)29 AGENDA ITEM # 9. c) COLA 3.50% Grade Code Monthly Annual Monthly Annual Police Chief See Management & Supervisory Matrix, Grade m49 Police Deputy Chief See Management & Supervisory Matrix, Grade m46 Police Commander See Management & Supervisory Matrix, Grade m38 pc61 3035 Sergeant*9,384 112,609 9,853 118,240 (15% over Police Officer)*Step increase at 24 months pc60 4131 Patrol Officer II 6,097 73,165 6,614 79,363 7,134 85,613 7,646 91,747 8,161 97,932 pc59 4130 Patrol Officer I 5,738 68,861 6,225 74,699 6,715 80,575 7,196 86,347 7,681 92,172 2 Percent Interpreters ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐3% Detectives ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% Traffic Assignment‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% Motorcycle Assignment‐‐‐‐‐‐‐‐‐‐‐‐‐ 2% Canine Officer ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐3% Corporal Assignment ‐‐‐‐‐‐‐‐‐‐‐‐7.5% Field Training Officer ‐‐‐‐‐‐‐‐‐‐‐‐4% Training Officer‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% SWAT Assignment ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% SRO Assignment‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐4% Civil Disturbance Unit ‐‐‐‐‐‐‐‐‐‐‐Paid at rate of double time with 3 hrs minimum when called to emergency. Crisis Communication Unit‐‐‐‐‐‐Paid at rate of double time with 3 hrs minimum when called to emergency. Percentage (of base wage) Percentage (of base wage) ‐ ‐ ‐Patrol Officer II: Effective 1‐1‐18 Patrol Officer II and Sergeant had 6.25% added to their base pay to reflect the additional 109 hours worked in a calendar year. This is reflected in the ranges above. AA Degree (90 credits)4% BA Degree/Masters Degree 6% The City also contributes 3.0% of employee's wage base toward deferred compensation. (Appendix A.2.3) The City will contribute 3.0% of employee's wage base toward deferred compensation for passing physical fitness. (Article 6.8.4, and Appendix A.2.4) Completion of 25 Yrs 12% Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY (Appendix B) Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Position Title HAZARD DUTY AND PREMIUM PAY (Article 6.7 and 6.8) MONTHLY LONGEVITY PAY (Appendix B) Years of Service Completion of 5 Yrs 2% 2020 CITY OF RENTON SALARY TABLE POLICE DEPARTMENT ‐ Commissioned Officers Effective January 1, 2020 STEP ASTEP BSTEP CSTEP DSTEP E Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)30 AGENDA ITEM # 9. c) ‐Effective January 1, 2008, Sergeants assigned to Investigation and Traffic Unit will not receive the 3% premium if they have been in the position of Sergeant for 24 months. NOTE: Please refer to the current labor agreement for specific information. Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)31 AGENDA ITEM # 9. c) COLA 3.25% GradeCodePosition Title Monthly Annual Monthly Annual pn58 6178 Police Service Specialist Supv 6,454 77,442 6,776 81,314 Step A(15% above Specialist, Step E)* step increase at 24 months Step E (5% above Supervisor, Step A) pn57 6182 Police Service Specialist Lead 6,032 72,390 6,032 72,390 (7.5% above Specialist, Step E) pn54 4138 Police Community Prgm Coord 4,993 59,916 5,396 64,752 5,928 71,136 6,390 76,680 6,710 80,520 pn54 4120 Crime Analyst 4,993 59,916 5,396 64,752 5,928 71,136 6,390 76,680 6,710 80,520 pn56 4133 Electronic Home Detention Coord 4,926 59,112 5,316 63,792 5,854 70,248 6,436 77,232 6,756 81,072 pn53 3432 Evidence Technician 4,700 56,400 5,073 60,876 5,583 66,996 6,142 73,704 6,458 77,496 pn61 4121 Domestic Violence Victim Advocate 4,661 55,932 5,063 60,756 5,627 67,524 6,186 74,232 6,513 78,156 pn60 4,445 53,340 4,828 57,936 5,364 64,368 5,898 70,776 6,205 74,460 pn52 4135 Animal Control Officer 4,433 53,196 4,793 57,516 5,270 63,240 5,795 69,540 6,086 73,032 pn62 6181 Police Service Specialist 4,088 49,056 4,416 52,992 4,860 58,320 5,346 64,152 5,612 67,344 pn51 6183 Police Secretary 3,829 45,948 4,133 49,596 4,550 54,600 5,008 60,096 5,254 63,048 pn51 4137 Parking Enforcement Officer 3,829 45,948 4,133 49,596 4,550 54,600 5,008 60,096 5,254 63,048 11 Interpreter Premium………………………………..………………….……………. 3% of base pay (Article 6.5.2) 2.5% of base pay (Article 6.5.3) 4% of base pay (Article 6.5.1) Double time with 3 hrs min (Article 6.4) ‐ The City contributes 5.5% of the employee's base wage to a deferred comp. (Appendix A.3) ‐ The City will contribute an additional 3.0% of employee's wage base toward deferred comp for passing physical fitness prior to beginning of each calendar year. (Article 6.8.3) MONTHLY EDUCATIONAL INCENTIVE PAY SCHEDULE (Appendix B.2) Percentage (of base wage) AA Degree (90 credits) 4% BA/BS Degree or Masters Degree 6% Completion of 20 Yrs 10% Completion of 25 Yrs 12% Completion of 30 Yrs 14% Completion of 5 Yrs 2% Completion of 10 Yrs 4% Completion of 15 Yrs 6% Crisis Communication Unit………………………………………..…...……… POLICE NON‐COMMISSIONED‐ MONTHLY LONGEVITY INCENTIVE PAY SCHEDULE (Article 12, Appendix B.1) Years of Service Percentage (of base wage) NON‐ COMMISSIONED PREMIUM PAY (Articles 6.4 and 6.5) Public Records Act Premium…………………………………………………………… Field Training Officer, FTO (Police Service Specialist)…………........… 2020 CITY OF RENTON SALARY TABLE POLICE DEPARTMENT ‐ Non‐Commissioned Officers Effective January 1, 2020 STEP ASTEP BSTEP CSTEP DSTEP E Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)32 AGENDA ITEM # 9. c) Grade STEP A STEP B STEP C STEP D STEP E h06 13.50 h07 13.75 14.00 14.25 14.50 14.75 h08 15.00 15.25 15.50 15.75 16.00 h09 16.25 16.50 16.75 17.00 17.25 h10 17.50 17.75 18.00 18.25 18.50 h11 18.75 19.00 19.25 19.50 19.75 h12 20.00 20.50 21.00 21.50 22.00 h13 22.50 23.00 23.50 24.00 24.50 h14 25.00 25.50 26.00 26.50 27.00 h15 27.50 28.00 28.50 29.00 29.50 h16 30.00 30.50 31.00 31.50 32.00 h17 32.50 33.00 33.50 34.00 34.50 h18 35.00 35.50 36.00 36.50 37.00 h19 37.50 38.00 38.50 39.00 39.50 h20 40.00 40.50 41.00 41.50 42.00 h21 42.25 42.50 42.75 43.00 43.25 h22 43.50 43.75 44.00 44.25 44.50 h23 45.00 45.50 46.00 46.50 47.00 h24 47.50 48.00 48.50 49.00 49.50 h25 50.00 51.00 52.00 53.00 54.00 h26 55.00 60.00 65.00 70.00 75.00 h27 80.00 85.00 90.00 95.00 100.00 h28 105.00 110.00 115.00 120.00 125.00 2020 CITY OF RENTON SALARY TABLE SUPPLEMENTAL EMPLOYEE WAGE TABLE Exhibit C: 2020 Salary Index 2020 Salary Index (2019-2020 Mid-Bi BA)33 AGENDA ITEM # 9. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 5‐5 OF THE RENTON MUNICIPAL CODE, BY ADDING A NEW SECTION 5‐5‐7, REFUND OF LICENSE FEE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Chapter 5‐5 of the Renton Municipal Code is amended to add a new section 5‐5‐7, Refund of License Fee, to read as shown below. All other provisions in chapter 5‐5 remain in effect and unchanged. 5‐5‐7 REFUND OF LICENSE FEE: A. Revocation: Upon revocation, suspension, or denial of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee. B. License Application Withdrawn: Upon a licensee’s request to withdraw their initial application, the fee paid shall be returned to the applicant by the City, together with notice that the application has been withdrawn; provided that, no refund shall be made where the applicant has engaged in the business activity for which the license was intended, or where inspection has been performed by any City department to review said license application. C. Overpayment: If, upon request by a licensee for a refund, and if it is determined by the Administrator that a fee has been paid in excess of that properly due, the excess amount paid shall be credited to the licensee’s account AGENDA ITEM # 9. d) ORDINANCE NO. ________ 2 or shall be refunded to the licensee; however, no refund or credit shall be allowed for any payment made more than four (4) years before the date of such request. SECTION II. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION III. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2075:8/23/19 AGENDA ITEM # 9. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 5‐6‐1 OF THE RENTON MUNICIPAL CODE, AMENDING ADMISSION TAX REGULATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Section 5‐6‐1 of the Renton Municipal Code is amended as follows: CHAPTER 6 ADMISSION TAX SECTION: 5‐6‐1: Admission Tax 5‐6‐1 ADMISSION TAX: In addition to the license fees provided elsewhere in this Title, there is hereby levied an admission tax within the scope of RCW 35.21.280 as follows. Unless otherwise provided in this Section, tThe term “admission charge” or “general admission charge” shall mean the regular and customary charge for the right or privilege to attend or be admitted to the business location within the City of Renton. A. Admission Tax: 1. Tax Imposed: There is hereby imposed and levied upon every person who pays an admission charge to any place within the City limits of the City of AGENDA ITEM # 9. e) ORDINANCE NO. ________ 2 Renton, a tax equal to five percent (5%) on each such admission charge. The tax is imposed on the amount of the admission charge actually paid by the person. 2. Exemption: The tax imposed by this Section shall not apply to elementary and secondary school activities as specified in RCW 35.21.280. A. Admission Tax on Horse Racing: 1. Percentage Tax: There is hereby imposed and levied upon every person who pays an admission charge to a horse racing event within the City limits of the City of Renton, a tax equal to five percent (5%) on each such admission charge, including Turf Club memberships effective as of January 1, 1991. 2. Filing of Statement and Payment of the Tax: Every business enterprise conducting or engaging in the horse racing business, as above specified, and imposing a charge for admission within the City limits of the City, shall on or before January 1 of each year file with the Finance Director a statement signed and sworn to by the business enterprise indicating the total amount of paid admission charges collected by such business enterprise during the last preceding twelve (12) month period, as well as all taxable admissions made free of charge. A remittance for the amount of any unpaid admission tax levied by this Chapter shall accompany the statement. During the racing season, monthly reports of the admissions, together with the tax levied shall be filed. B. Admission Tax on Theaters: 1. Admission Tax on Theaters: There is hereby imposed and levied upon every person who pays an admission charge to a commercial theater regularly AGENDA ITEM # 9. e) ORDINANCE NO. ________ 3 exhibiting motion picture films within the City of Renton, a tax of five percent (5%) of each admission charge effective as of January 1, 1991. 2. Admission Tax on Other Events: For the operation and conduct of all other events (including, but not limited to, professional sporting events and musical events) there is hereby imposed and levied upon every person who pays such an admission charge a tax equal to five percent (5%) on each such admission charge. 3. Filing of Statement and Payment of the Tax: Business enterprises subject to collection and payment of admission taxes, except for horse racing business enterprises, shall quarterly, on or before April 30 (1st quarter), July 31 (2nd quarter), October 31 (3rd quarter) and January 31 (4th quarter) of each year, file with the Finance Director a statement signed and sworn to by said business enterprise indicating the total amount of paid admission charges collected by such business enterprise during each quarter of the year. A remittance for the amount of the admission tax levied by this Section shall accompany each statement. 4. Exemption: The tax imposed by this Section is levied pursuant to RCW 35.21.280 and shall not apply to school activities as specified therein. CB. Collection of Tax: The admission tax imposed under this Chapter Section shall be collected at the time the admission charge is paid. Every person receiving an admission charge upon which an admission tax is levied under this Section Chapter shall collect the amount of the tax imposed upon the person paying an admission charge. Such admission tax shall be deemed to be held in trust by the AGENDA ITEM # 9. e) ORDINANCE NO. ________ 4 person required to collect the same until remitted to the Administrative Services Administrator Finance Director as hereinafter provided specified in chapter 5‐26. D. Inspection of Records: The Finance Director, either personally or through his authorized agents, shall have the right to inspect and examine the records of every business enterprise subject to the taxes imposed by this Chapter and all such records shall be retained for and be available for such inspection for a period of five (5) years. EC. Liens for Unpaid Taxes: Any and all taxes and payments due and unpaid under this Chapter Section shall be a debt to the City of Renton, and shall be a personal obligation of the taxpayer and shall be a lien upon all the properties of the taxpayer. Said lien shall have priority over all other liens and obligations except those to the State of Washington and the United States government. Said lien shall be enforced by the Administrative Services Administrator Finance Director as any other lien would be enforced against the defaulting debtor. D. All other administrative provisions from RMC 5‐26 shall be fully applicable to this Section. F. Penalties for Nonpayment: A taxpayer who fails to remit the amount of the taxes when due shall, in addition to all other penalties provided by law, pay a penalty of five percent (5%) of the amount of tax due for the first month of delinquency and an additional penalty of five percent (5%) for each succeeding month of delinquency, but not exceeding a total penalty of twenty five percent (25%) of the amount of such taxes due in any event. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 5 G. Rules and Regulations: The Finance Director shall have power to adopt rules and regulations not inconsistent with the terms of this Chapter for the purpose of carrying out and enforcing the payment of the tax herein levied. A copy of such rules and regulations shall be on file and available for public examination in the office of the Finance Director. Failure or refusal to comply with any rules and regulations promulgated under this Section shall be deemed a violation of this Chapter. H. Overpayment of License Tax: Whenever the taxpayer has made an overpayment and within two (2) years after date of such overpayment, upon submission of proof thereof, makes application for refund or credit of the overpayment such refund or credit shall be allowed. Any such refund made shall be drawn from the general fund when so approved by the Finance Director. I. Application and Returns – Public Record: Returns made to the Finance Director pursuant to this Chapter shall be public information and subject to inspection by all persons except to the extent those records may be deemed to be private or would result in unfair competitive disadvantage to such a taxpayer if disclosed as more particularly defined in title 42.17 RCW. J. Violation and Penalties: Every business enterprise violating or failing to comply with any provision of this Chapter or any lawful rule or regulation adopted by the Finance Director pursuant thereto, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by AGENDA ITEM # 9. e) ORDINANCE NO. ________ 6 imprisonment in the City jail for a term not to exceed ninety (90) days, or by both such fine and imprisonment. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2076:9/18/19 AGENDA ITEM # 9. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING CHAPTER 5‐7 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Chapter 5‐7 of the Renton Municipal Code is repealed. CHAPTER 7 ENTERTAINMENT DEVICE LICENSE SECTION: 5‐7‐1: Entertainment Device License Repealed 5‐7‐1 ENTERTAINMENT DEVICE LICENSE: A. Definitions: ENTERTAINMENT DEVICE: Any machine, structure, apparatus or device of any type, that provides for entertainment or amusement or as a game of skill, for which a charge is made for use or play; such entertainment device shall include, but not be limited to, a phonograph, nickelodeon or similar mechanical music machine, any type or variation of games known as shuffleboard, pool, foosball, bowling alley (portable), darts, or video game, whether electronically activated or not, or any other similar device or game played for the purpose of entertainment or to test the operator’s skill and precision and played by any person. In the case of a machine containing more than one discrete video game, each separate video game shall be considered to be a separate entertainment device for the purposes of this Chapter. AGENDA ITEM # 9. f) ORDINANCE NO. ________ 2 Any activity prohibited by Chapter 9.46 RCW (Gambling – 1973 act), as it exists or may be amended, shall be expressly excluded from the above definition and licensing. B. Entertainment Device License Required: It shall be unlawful for any person to offer or permit the use by others of any entertainment device within the City without having a valid entertainment device license, for each location at which such devices are operated. C. Application for License: 1. Application for such license shall be made to the Administrator, in such form and containing such information as the Administrator may require and on forms to be furnished by the City unto the applicant. Said application form shall contain, among others, the following information: a. The name of the applicant, owner, partner or officer who has an interest in the business or entity of such licensee, together with the names and addresses of any other party having a proprietary interest. b. The residence and business address of the applicant and owner or owners. c. Whether any such license previously issued by the City or any other governmental entity had ever been suspended, revoked or cancelled; if so, for what cause and the dates and circumstances of the suspension, revocation or cancellation. AGENDA ITEM # 9. f) ORDINANCE NO. ________ 3 d. The total number of entertainment devices at the location for which the license is issued. 2. Upon receipt of a completed application form, the Administrator shall issue such license applied for in accordance with the provisions of this Section; provided, however, that the applicable license fees, together with any delinquent fees that may then be due, shall first be paid unto the Administrator. D. Fees and Display of License: The fee to be paid hereunder, for each entertainment device, as herein defined, shall be the sum of thirty dollars ($30.00) per quarter, per machine, or an annual fee for each such entertainment device of one hundred twenty dollars ($120.00). The license shall be issued on a quarterly basis. Each license issued under this section shall be kept in prominent display at the location for which same has been issued. The license is not transferable, and the fee is not refundable. The license shall display the total number of machines licensed for operations at the location. In no event such license fee shall exceed three thousand dollars ($3,000) per year at a single location. E. Violations and Penalties: Any person guilty of violating or failing to comply with any of the provisions of this Section or furnishing false information on any application for a license shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine up to one thousand dollars ($1,000), and/or imprisonment for up to ninety (90) calendar days. F. License Fee Payment; When Due, Penalty: AGENDA ITEM # 9. f) ORDINANCE NO. ________ 4 1. The license fee imposed by this Chapter shall be due and payable in quarterly installments and remittance thereof shall accompany each return made on or before the thirtieth (30th) day of the month next succeeding the quarterly period in which the license fee accrued. 2. There shall be added a penalty, for each payment due, if such payment is not made by the due date, as follows: a. A ten percent (10%) penalty, with a minimum of two dollars ($2.00), for the first seventeen (17) calendar days of delinquency. b. A fifteen percent (15%) penalty, with a minimum of four dollars ($4.00), for a delinquency greater than seventeen (17) calendar days but less than forty (40) calendar days. c. Any delinquency of forty (40) calendar days or more shall be deemed a violation of this subsection. SECTION II. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION III. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. AGENDA ITEM # 9. f) ORDINANCE NO. ________ 5 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2077:8/29/19 AGENDA ITEM # 9. f) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING GAMBLING TAX PROVISIONS IN SECTIONS 5‐8‐5, 5‐8‐8, AND 5‐8‐16 OF THE RENTON MUNICIPAL CODE, REPEALING SECTION 5‐8‐17 OF THE RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Sections 5‐8‐5, 5‐8‐8, and 5‐8‐16 of the Renton Municipal Code are amended, and section 5‐8‐17 of the Renton Municipal Code is repealed, as shown below. All other provisions in RMC 5‐8 remain in effect and unchanged. 5‐8‐5 TAX LEVIED: Pursuant to Chapter 9.46 RCW (Gambling – 1973 act), as it exists or may be amended, there is levied upon all persons, associations and organizations who have been duly licensed by the Gambling Commission, as authorized by law, the following tax: A. For the conduct or operation of any bingo games and raffles, a tax rate of five percent (5%) of the gross receipts received, less the actual net amount awarded as cash or merchandise prizes. No tax shall be imposed on the first ten thousand dollars ($10,000) of gross receipts less the amount awarded as cash or merchandise prizes from bingo games and raffles conducted by any bona fide charitable or nonprofit organization as defined in RCW 9.46.0209 (Bona fide AGENDA ITEM # 9. g) ORDINANCE NO. ________ 2 charitable or nonprofit organization), as it exists or may be amended. No tax shall be imposed on the gross receipts from bingo games and raffles conducted by a bona fide charitable or nonprofit organization as defined in RCW 9.46.0209, as it exists or may be amended, whose purpose is to provide programs or facilities for meeting the basic health, education, or welfare needs to residents in Renton and other South King County communities. B. For the conduct or operation of any pulltabs pull tabs and punchboards, as defined in RCW 9.46.0273, as it exists or may be amended, a tax rate of five percent (5%) of the gross receipts from such pulltabs pull tabs and punchboards less the amount awarded as cash or prizes. C. For the conduct or operation of any licensed premises or facility used to play card games, as permitted by the above referenced state law, a tax rate of five hundred dollars ($500.00) annually or ten percent (10%) of the gross receipts or of revenue received from such activity, per establishment, whichever is greater, for the privilege of playing in card games. The minimum fee may be paid on a quarterly basis at the rate of one hundred twenty‐five dollars ($125.00) per quarter. Any balance due shall be paid as set forth in RMC 5‐8‐8, as it exists or may be amended. D. To conduct and operate amusement games, a tax of two percent (2%) of the gross revenue received therefrom less the actual net amount awarded paid for as prizes. No tax shall be imposed on the first five thousand dollars ($5,000) of taxable receipts from amusement games conducted by a bona fide charitable AGENDA ITEM # 9. g) ORDINANCE NO. ________ 3 or nonprofit organization as defined in RCW 9.46.0209, as it exists or may be amended. E. (Rep. by Ord. 5414, 10‐20‐08) 5‐8‐8 TAX PAYMENT; WHEN DUE, PENALTY: A. The tax imposed by this Chapter shall be due and payable in monthly installments and remittance shall accompany each return made on or before the fifteenth (15th) last day of the month succeeding the month in which the tax accrued. Except, for a person, association or organization that had taxes due in the amount of ten thousand dollars ($10,000) or less in the previous calendar year, the tax imposed by this Chapter shall be due and payable in quarterly installments and remittance shall accompany each return made on or before the thirtieth (30th) last day of the month succeeding the quarterly period in which the tax accrued. B. There shall be added a penalty, for each payment due, if such payment is not made by the due date. Penalties shall be added in accordance with RCW 82.32.090(1) as it now exists or as it may be amended, as follows: 1. A ten percent (10%) penalty, with a minimum of two dollars ($2.00) for the first seventeen (17) calendar days of delinquency. 2. A fifteen percent (15%) penalty, with a minimum of four dollars ($4.00) for a delinquency greater than seventeen (17) calendar days but less than forty (40) calendar days. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 4 3. Any delinquency of forty (40) calendar days or more shall be deemed a violation of this Section. 5‐8‐16 OVERPAYMENT OF TAX ADMINISTRATIVE PROVISIONS: The administrative provisions in RMC 5‐26 shall be fully applicable to this chapter. If, upon written application by a taxpayer for a refund, or upon the City’s examination of the returns or records of any taxpayer, it is determined by the Administrator that within two (2) years immediately preceding the application or examination, consistent with RCW 4.16.130 (Action for relief not otherwise provided for), as it exists or may be amended: A. A tax or other fee has been paid in excess of that properly due, the total excess paid over all amounts due the City of Renton within such period of two (2) years shall be credited to the taxpayer’s account or shall be refunded to taxpayer at the taxpayer’s option. B. The right of refund because of overpayment of tax by any taxpayer, if no written application is filed with the Administrator, shall expire two (2) calendar years from the date such payment was made, consistent with RCW 4.16.130, as it exists or may be amended. 5‐8‐17 UNDERPAYMENT OF TAX: The tax levied under this section shall be additional to any license fee or tax imposed or levied under any law of the City of Renton, except as otherwise expressly provided. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 5 A. In accordance with RCW 9.46.110(4), as it exists or may be amended, any tax due and unpaid under this Chapter and all penalties or fees shall become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010 (Priority of tax lien), as it exists or may be amended. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes, and constitute a debt to the City of Renton, a municipal corporation, and may be collected by court proceedings the same as any other debt in like amount, which remedy shall be in addition to all other existing remedies. B. A tax or other fee that has been paid which is less than that properly due, or if no tax or other fee has been paid, the Administrator shall mail a statement to the taxpayer showing the balance due, including the tax amount or penalty assessment and fees, and it shall be a separate, additional violation of this Chapter, both civil and criminal, if the taxpayer fails to make payment in full within ten (10) calendar days after such mailed notice. C. The City’s right of recovery from the taxpayer for any tax, if collection action has not yet commenced, shall expire three (3) calendar years from the date said tax became due, unless the City is able to show by a preponderance of the evidence that the taxpayer engaged in fraud, any material misrepresentation, and/or a refusal to comply with a reasonable request for access to or a production AGENDA ITEM # 9. g) ORDINANCE NO. ________ 6 of any material or potentially material electronic and other financial record; or the taxpayer executed a written waiver of the expiration date. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2079:10/16/19 AGENDA ITEM # 9. g) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 5‐11 OF THE RENTON MUNICIPAL CODE, REORGANIZING, UPDATING DEFINITIONS, AND ADDING ADMINISTRATIVE PROVISIONS RELATED TO UTILITY TAX REGULATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Chapter 5‐11 of the Renton Municipal Code is amended as follows: CHAPTER 11 UTILITY TAX SECTION: 5‐11‐1: Exercise Of Revenue License Power 5‐11‐2: General Administrative Provisions Apply 5‐11‐3: Definitions 5‐11‐41: Utility Tax 5‐11‐2: Utility Tax; When Due 5‐11‐3: Definition Of Gross Income 5‐11‐5: Cellular Telephone Service Allocation And Administration 5‐11‐64: Utility Tax Relief 5‐11‐75: Utility Tax Relief; Qualifications 5‐11‐86: Claim Filing Procedures AGENDA ITEM # 9. h) ORDINANCE NO. ________ 2 5‐11‐97: Consumer Price Index Changes 5‐11‐108: Rebate For Initial Year 5‐11‐1 EXERCISE OF REVENUE LICENSE POWER: The provisions of this chapter shall be deemed to be an exercise of the power of the City to license and tax for revenue. 5‐11‐2 GENERAL ADMINISTRATIVE PROVISIONS APPLY: The provisions of chapter 5‐26 RMC, the Tax Administrative Code, shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. 5‐11‐3 DEFINITIONS: A. CABLE BUSINESS: Every person in the business of constructing, operating and maintaining a coaxial cable subscriber system for television, radio, and other audio‐visual electrical signal distribution within Renton City limits. B. CELLULAR TELEPHONE BUSINESS: Every person providing Cellular Telephone Service. C. CELLULAR TELEPHONE SERVICE: The providing of Mobile Telecommunications Service or Mobile Wireless Service. D. COMPETITIVE TELEPHONE SERVICE: The providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to AGENDA ITEM # 9. h) ORDINANCE NO. ________ 3 regulation as telephone companies under Title 80 RCW and for which a separate charge is made. E. GAS BUSINESS: Every person selling, furnishing, distributing, or producing gaseous gas for commercial or domestic use or purpose within Renton City limits. F. GROSS INCOME: The value proceeding or accruing by reason of the transaction of the business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. G. LIGHT OR POWER BUSINESS: Every person in the business of selling, furnishing, or distributing electricity for light and power within Renton City limits. H. MOBILE TELECOMMUNICATIONS SERVICE: Commercial mobile radio service, as defined in section 20.3, Title 47 C.F.R. as in effect on June 1, 1999. I. MOBILE WIRELESS SERVICE: A telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, whereby the origination and/or termination points of the transmission, conveyance, or routing are not fixed, including, by way of example only, telecommunications services that are provided by a commercial mobile radio service provider. AGENDA ITEM # 9. h) ORDINANCE NO. ________ 4 J. NETWORK TELEPHONE SERVICE: The providing by any person of access to a local telephone network, local telephone network switching service, toll service, or coin telephone services, or the providing of telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Network telephone service" includes the provision of transmission to and from the site of an internet provider via a telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. “Network telephone service” does not include the providing of competitive telephone service, the providing of cable television service, or the providing of broadcast services by radio or television stations, nor the provision of internet access as defined in RCW 82.04.297, including the reception of dial‐in connection, provided at the site of the internet service provider. K. SEWERAGE BUSINESS: Every person engaging in or carrying on the business of selling, furnishing, or distributing sanitary sewer services for commercial or domestic use or purpose within Renton City limits. L. SOLID WASTE BUSINESS: Every person who, within Renton City limits, receives solid waste or recyclable materials for transfer, storage, or disposal, including but not limited to all collection services, public or private solid waste disposal sites, transfer stations, and similar operations. “Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, AGENDA ITEM # 9. h) ORDINANCE NO. ________ 5 demolition and construction waste, abandoned vehicles or parts thereof, and recyclable materials. “Recyclable materials” means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass. M. STORM AND SURFACE WATER BUSINESS: Every person engaging in or carrying on the business of selling, furnishing, or distributing storm and surface water drainage services for commercial or domestic use or purpose within Renton City limits. N. TELECOMMUNICATIONS SERVICES: The electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. "Telecommunications service" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice over internet protocol services or is classified by the federal communications commission as enhanced or value added. “Telecommunications service” does not include those activities expressly excluded from the definition in RCW 82.04.065(27). O. TELEPHONE BUSINESS: Every person providing of network telephone service, telecommunications services, cooperative or farmer line telephone companies or associations operating an exchange within Renton City limits. AGENDA ITEM # 9. h) ORDINANCE NO. ________ 6 P. WATER DISTRIBUTION BUSINESS: Every person engaged in the business of selling, furnishing, or distributing water services for commercial or domestic use or purpose within Renton City limits. 5‐11‐41 UTILITY TAX: In addition to the license fees provided elsewhere in this Title, there is hereby levied upon and shall be collected from the business enterprises engaged in certain business activities and occupations described in this Section, taxes in the amounts to be determined by the application of the rates herein stated against gross income. In computing said tax the business enterprise may deduct in computing gross income the actual amount of credit losses and uncollectibles sustained by the business enterprise, and amounts derived from transactions in interstate and foreign commerce which the City is prohibited from taxing under the laws and Constitution of the United States. The amount of tax shall be computed as follows: .using the following rates: A. The Telephone Utility Tax Business tax rate: 1. The utility tax for the privilege of conducting a telephone business within the City limits shall be six percent (6%). 2. Definitions: For the purpose of this Section the following terms shall be defined as follows: B. The Cellular Telephone Business tax rate shall be six percent (6%). CELLULAR TELEPHONE SERVICE: Cellular telephone service is a two‐way voice and data telephone/telecommunications system based in whole or AGENDA ITEM # 9. h) ORDINANCE NO. ________ 7 substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of “cellular mobile service” includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology which accomplishes a purpose similar to cellular mobile service. COMPETITIVE TELEPHONE SERVICE: The providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under Title 80 RCW and for which a separate charge is made. Transmission of communication through cellular telephones is classified as “telephone business” rather than “competitive telephone service”. TELEPHONE BUSINESS: The providing by any person of access to the local telephone network, local telephone network switching service, toll service, cellular telephone service, or coin telephone services, or the providing of telephonic, video, data or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. It further indicates cooperative or farmer line telephone companies or associations operating an exchange. “Network telephone service” includes interstate service, including toll service, originating AGENDA ITEM # 9. h) ORDINANCE NO. ________ 8 from or received on telecommunications equipment or apparatus in this State if the charge for the service is billed to a person in this State. “Network telephone service” does not include the providing of competitive telephone service, the providing of cable television service, nor the providing of broadcast services by radio or television stations. 3. Deduction from Gross Income: (Rescinded by Ord. 4825, 12‐20‐99) 4. Allocation of Income, Cellular Telephone Service: a. Service Address: Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer’s principal service address during the period for which the tax applies. b. Presumption: There is a presumption that the service address a customer supplies to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the contrary. c. Roaming Phones: When the service is provided while a subscriber is roaming outside the subscriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. d. Dispute Resolution: If there is a dispute between or among the City and another city or cities as to the service address of a customer who is receiving cellular telephone services and the dispute is not resolved by negotiation among AGENDA ITEM # 9. h) ORDINANCE NO. ________ 9 the parties, then the dispute shall be resolved by the City and the other city or cities by substituting the issue for settlement to the Association of Washington Cities (AWC). Once taxes on the disputed revenues have been paid to one of the contesting cities, the cellular telephone service company shall have no further liability with respect to additional taxes, penalties, or interest on the disputed revenues so long as it promptly changes its billing records for future revenues to comport with the settlement facilitated by AWC. 5. Authority of Administrator: The Administrative Services Administrator is authorized to represent the City in negotiations with other cities for the proper allocation of taxes due under Section 5‐11‐1A.4.a. 6. Rate Change: No change in the rate of tax upon persons engaging in providing cellular telephone service shall apply to business activities occurring before the effective date of the change and, except for a change in the tax rate authorized by RCW 35.21.870, no change in the rate of the tax may take effect sooner than sixty (60) days following the enactment of the ordinance establishing the change. The Administrative Services Administrator shall send to each cellular telephone service company, at the address on its license, a copy of any ordinance changing the rate of tax upon cellular telephone service promptly upon its enactment. B. Telegraph Utility Tax: Upon every business enterprise engaging in carrying on a telegraph business, a tax equal to six percent (6%) of the total gross income from such business in the City shall be charged. AGENDA ITEM # 9. h) ORDINANCE NO. ________ 10 C. The Gas Business Utility Tax: Upon every business enterprise engaging in or carrying on the business of selling, furnishing, distributing or producing gaseous gas for commercial or domestic use or purpose, a tax equal to tax rate shall be six percent (6%) of the total gross income from such business in the City shall be charged. D. The Light or Power Business Electric Utility Tax: Upon every business enterprise engaging in or carrying on the business of selling, furnishing or distributing electricity for light and power, a tax equal to tax rate shall be six percent (6%) of the total gross income from such business in the City shall be charged. E. The Cable Business Utility Tax: Upon every business enterprise engaging in or carrying on the business of constructing, operating and maintaining a coaxial cable subscriber system for television, radio and other audio‐visual electrical signal distribution throughout the City of Renton or any part thereof, a tax equal to tax rate shall be six percent (6%) of the total gross income from such business in the City shall be charged. F. Ambulance Services Tax: Upon any business enterprise, licensed by the State to provide and engage in emergency medical care and transportation services, pursuant to RCW 35.21.766, and as same may be amended from time to time, a tax in the sum of four hundred dollars ($400.00) per year which shall apply to all of said State licensees doing business in, from or about the City. Such tax shall be paid on or before the first day of January of each year, and made payable AGENDA ITEM # 9. h) ORDINANCE NO. ________ 11 to the City of Renton. Said tax is imposed pursuant to RCW 35.21.768 and the laws and statutes of the State relating to noncharter code cities operating under the Optional Municipal Code. FG. The Sewerage Business Utilities Tax: Upon any business enterprise engaging in or carrying on the business of selling, furnishing, or distributing sanitary sewer services for commercial or domestic use or purpose within the Renton City limits, a tax equal to tax rate shall be six percent (6%) of the total gross income from such business in the City shall be charged. GH. The Solid Waste Business Utility, Handling Tax: Upon the solid waste utility and upon every business enterprise or other entity engaged in solid waste handling as defined in Section 8‐1‐2 of Title 8 (Health and Sanitation) of the Code of General Ordinances of the City, a tax equal to tax rate shall be six and eight‐ tenths percent (6.8%) of the operating rate revenue of the solid waste utility and six and eight‐tenths percent (6.8%) of the total gross income for all other business enterprises in the City covered under this Section shall be charged. The taxes under this Section shall be payable to the City. Pursuant to RCW 35.58.080, nothing in this Section is intended nor shall it be construed to impose any tax or excise on any County‐owned solid waste facility. HI. The Cable Business Modem Utility Tax: Upon cable modem service and upon every business or entity engaged in providing cable modem service, a tax equal to tax rate shall be six percent (6%) of the total gross income from such business in the City shall be charged. AGENDA ITEM # 9. h) ORDINANCE NO. ________ 12 IJ. The Water Distribution Business Utilities Tax: Upon the Water Utility Enterprise Fund engaging in or carrying on the business of selling, furnishing, or distributing water services for commercial or domestic use or purpose within the Renton City limits, a tax equal to tax rate shall be six and eight‐tenths percent (6.8%) of the total gross income from such business in the City shall be charged. JK. The Storm and Surface Water Business Utilities Tax: Upon any business enterprise engaging in or carrying on the business of selling, furnishing, or distributing storm and surface water drainage services for commercial or domestic use or purpose within the Renton City limits, a tax equal to tax rate shall be six and eight‐tenths percent (6.8%) of the total gross income from such business in the City shall be charged. 5‐11‐2 UTILITY TAX; WHEN DUE: The utility tax imposed by this Chapter shall be due and payable to the Administrative Services Administrator in monthly installments and remittance thereof shall be made to the Administrative Services Administrator on or before the last day of the next month succeeding the end of the monthly period in which the tax accrued. The business enterprise on or before said last day of said month shall also transmit to the Administrative Services Administrator a return upon a form to be prescribed and provided by the Administrative Services Administrator; which return shall contain a statement by the business enterprise stating the amount of the tax for which he is liable for the preceding monthly period under and computed according to the provisions of this Chapter, that the information AGENDA ITEM # 9. h) ORDINANCE NO. ________ 13 therein given and the amount of tax liability therein reported are full and true, and that he knows the same to be so, which statement shall be signed by the business enterprise or authorized agent, and the signing of same shall be deemed and constitute the same as a statement under the penalties of perjury equivalent to and as if sworn to under oath. A. Penalties for Nonpayment: A business enterprise who fails to remit the amount of utility tax when due shall, in addition to all other penalties provided by law, pay a penalty of five percent (5%) of the amount of tax due for the first month of delinquency and an additional penalty of five percent (5%) for each succeeding month of delinquency, but not exceeding a total penalty of twenty five percent (25%) of the amount of such taxes due in any event. B. Interest: In addition to such penalties, any late payment of utility tax shall bear interest at the rate of twelve percent (12%) per annum until paid. 5‐11‐3 DEFINITION OF GROSS INCOME: “Gross income” shall mean the value proceeding or accruing from the sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not) by reason of investment of capital in the business engaged in, including rentals, royalties, fees or other emoluments, however designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages or other evidence of indebtedness, or stocks and the like) and without any deduction on account of the cost of the property sold, cost of materials used, labor costs, AGENDA ITEM # 9. h) ORDINANCE NO. ________ 14 interest or discount paid, taxes, or any expenses whatsoever, and without any deduction on account of losses. This definition shall apply as of March 1, 2000. 5‐11‐5 CELLULAR TELEPHONE SERVICE ALLOCATION AND ADMINISTRATION: A. Allocation of Income, Cellular Telephone Service: 1. Service Address: Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer’s principal service address during the period for which the tax applies. 2. Presumption: There is a presumption that the service address a customer supplies to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the contrary. 3. Roaming Phones: When the service is provided while a subscriber is roaming outside the subscriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. 4. Dispute Resolution: If there is a dispute between or among the City and another city or cities as to the service address of a customer who is receiving cellular telephone services and the dispute is not resolved by negotiation among the parties, then the dispute shall be resolved by the City and the other city or cities by substituting the issue for settlement to the Association of Washington Cities (AWC). Once taxes on the disputed revenues have been paid to one of the AGENDA ITEM # 9. h) ORDINANCE NO. ________ 15 contesting cities, the cellular telephone service company shall have no further liability with respect to additional taxes, penalties, or interest on the disputed revenues so long as it promptly changes its billing records for future revenues to comport with the settlement facilitated by AWC. B. Authority of Administrator: The Administrative Services Administrator is authorized to represent the City in negotiations with other cities for the proper allocation of taxes due under Subsection 5‐11‐5.A.1. C. Rate Change: No change in the rate of tax upon persons engaging in providing cellular telephone service shall apply to business activities occurring before the effective date of the change and, except for a change in the tax rate authorized by RCW 35.21.870, no change in the rate of the tax may take effect sooner than sixty (60) days following the enactment of the ordinance establishing the change. The Administrative Services Administrator shall send to each cellular telephone service company, at the address on its license, a copy of any ordinance changing the rate of tax upon cellular telephone service promptly upon its enactment. In computing said tax the business enterprise may deduct in computing gross income the actual amount of credit losses and uncollectibles sustained by the business enterprise, and amounts derived from transactions in interstate and foreign commerce which the City is prohibited from taxing under the laws and Constitution of the United States. 5‐11‐64 UTILITY TAX RELIEF: AGENDA ITEM # 9. h) ORDINANCE NO. ________ 16 There is granted to persons who meet the qualifications and requirements of RMC 5‐11‐75 relief from the utility tax of the City as follows: A. For all billings paid directly or indirectly by the person during a calendar year for service charges to any organization which paid the utility tax of the City, the City is authorized to pay to such person a “reimbursement” in a maximum amount determined in accordance with RMC 5‐11‐97; provided, that the total amount of all reimbursements paid pursuant to this subsection shall not exceed the total dollar amount established through the budget process. B. The amount of maximum relief for a calendar year is $110.00 and shall be adjusted for each subsequent year in accordance with RMC 5‐11‐97, prorated for each month of residency in the City. 5‐11‐75 UTILITY TAX RELIEF; QUALIFICATIONS: To qualify for the relief set forth in RMC 5‐11‐64.A, a person must be requesting reimbursement of City utility taxes and must meet the criteria in RMC 8‐4‐31.C, and have been a resident of the dwelling unit within the City at all times during any period for which a reimbursement is requested, and have contributed to the payment of City utility charges from his or her income or resources. 5‐11‐86 CLAIM FILING PROCEDURES: A. All claims for relief under RMC 5‐11‐64 must be filed with the City or its agent no later than the date established by the Administrative Services Administrator (Administrator) for the calendar year for which a “reimbursement” is requested. AGENDA ITEM # 9. h) ORDINANCE NO. ________ 17 B. The Administrator shall adopt rules and procedures for the filing of reimbursement claims and for the administration of RMC 5‐11‐64. 5‐11‐97 CONSUMER PRICE INDEX CHANGES: The amount of relief established under RMC 5‐11‐64.B shall be administratively adjusted on January 1st of each year by the Administrative Services Administrator to reflect changes in the cost of living, as defined by the United States Bureau of Labor and Statistics. The amount of maximum relief shall be communicated by the City to potentially eligible citizens. 5‐11‐108 REBATE FOR INITIAL YEAR: The rebate amount for the initial year shall provide for a full rebate for the calendar year. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk AGENDA ITEM # 9. h) ORDINANCE NO. ________ 18 APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2078:10/18/19 AGENDA ITEM # 9. h) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 5‐25‐2.J, SECTION 5‐25‐8, AND SUBSECTION 5‐25‐10.V, OF THE RENTON MUNICIPAL CODE, AMENDING THE BUSINESS AND OCCUPATION TAX REGULATIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 5‐25‐2.J of the Renton Municipal Code is amended as follows: J. Engaging in business: 1. The term “engaging in business” means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators hold themselves out to the public as conducting such business. 2. This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain activities so that a person who meets the criteria may engage in de minimus minimis business activities in the City without having to register and obtain a business license or pay City business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection 1. If an activity is not listed, whether it constitutes AGENDA ITEM # 9. i) ORDINANCE NO. ________ 2 engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. 3. Without being all‐inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another person acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. b. Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. c. Soliciting sales. d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of, real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 3 h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. l. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. m. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In‐store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 4 p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another person acting on its behalf. q. Accepting or executing a contract with the City, irrespective of whether goods or services are delivered within or without the City, or whether the person’s office or place of business is within or without the City. 4. If a person, or its employee, agent, representative, independent contractor, broker or another person acting on the person’s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license and pay tax: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. d. Renting tangible or intangible property as a customer when the property is not used in the City. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 5 e. Attending, but not participating in a “trade show” or “multiple vendor events”. Persons participating at a trade show shall review RMC Chapter 5‐22, Special Event Permits. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the City. 5. A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection 4. The City expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. SECTION III. Section 5‐25‐8 of the Renton Municipal Code is amended as follows: 5‐25‐8 ALLOCATION AND APPORTIONMENT OF INCOME WHEN ACTIVITIES TAKE PLACE IN MORE THAN ONE JURISDICTION: Gross income, other than persons subject to the provisions of RCW Chapter 82.14.A, shall be allocated and apportioned as follows: A. Gross income derived from all activities other than those taxed as service or royalties under RMC 5‐25‐4.A.7 shall be allocated to the location where the activity takes place. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 6 B. In the case of sales of tangible personal property, the activity takes place where delivery to the buyer occurs. C. In the case of sales of digital products, the activity takes place where delivery to the buyer occurs. The delivery of digital products will be deemed to occur at: 1. The seller’s place of business if the purchaser receives the digital product at the seller’s place of business; 2. If not received at the seller’s place of business, the location where the purchaser or the purchaser’s donee, designated as such by the purchaser, receives the digital product, including the location indicated by instructions for delivery to the purchaser or donee, known to the seller; 3. If the location where the purchaser or the purchaser’s donee receives the digital product is not known, the purchaser’s address maintained in the ordinary course of the seller’s business when use of this address does not constitute bad faith; 4. If no address for the purchaser is maintained in the ordinary course of the seller’s business, the purchaser’s address obtained during the consummation of the sale, including the address of a purchaser’s payment instrument, if no other address is available, when use of this address does not constitute bad faith; and 5. If no address for the purchaser is obtained during the consummation of the sale, the address where the digital good or digital code is first made available for transmission by the seller or the address from which the digital AGENDA ITEM # 9. i) ORDINANCE NO. ________ 7 automated service or service described in RCW 82.04.050(2)(g) or (6)(b) was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. D. If none of the methods in RMC 5‐25‐8.C for determining where the delivery of digital products occurs are available after a good faith effort by the taxpayer to apply the methods provided in RMC 5‐25‐8.C.1 through 5, then the City and the taxpayer may mutually agree to employ any other method to effectuate an equitable allocation of income from the sale of digital products. The taxpayer will be responsible for petitioning the City to use an alternative method under RMC 5‐ 25‐8.D. The City may employ an alternative method for allocating the income from the sale of digital products if the methods provided in RMC 5‐25‐8.C.1 through 5 are not available and the taxpayer and the City are unable to mutually agree on an alternative method to effectuate an equitable allocation of income from the sale of digital products. E. For purposes of RMC 5‐25‐8.C.1 through 5, the following definitions apply: 1. “Digital automated services,” “digital codes,” and “digital goods” have the same meaning as in RCW 82.04.192; 2. “Digital products” means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050 (2)(g) and (6)(c); and 3. “Receive” has the same meaning as in RCW 82.32.730. F. Effective January 1, 2020, Ggross income derived from activities taxed as services and other activities taxed under RMC 5‐25‐4.A.7 shall be apportioned to AGENDA ITEM # 9. i) ORDINANCE NO. ________ 8 the City by multiplying apportionable income by a fraction, the numerator of which is the payroll factor plus the service‐income factor and the denominator of which is two (2). 1. The payroll factor is a fraction, the numerator of which is the total amount paid in the City during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. Compensation is paid in the City if: a. The individual is primarily assigned within the City; b. The individual is not primarily assigned to any place of business for the tax period and the employee performs fifty percent (50%) or more of his or her service for the tax period in the City; or c. The individual is not primarily assigned to any place of business for the tax period, the individual does not perform fifty percent (50%) or more of his or her service in any city and the employee resides in the City. 2. The service income factor is a fraction, the numerator of which is the total service income of the taxpayer in the City during the tax period, and the denominator of which is the total service income of the taxpayer everywhere during the tax period. Service income is in the City if: the customer location is in the City. 3. Gross income of the business from engaging in an apportionable activity must be excluded from the denominator of the service income factor if, in respect to such activity, at least some of the activity is performed in the City, and AGENDA ITEM # 9. i) ORDINANCE NO. ________ 9 the gross income is attributable under subsection F.2 to a city or unincorporated area of a county within the United States or to a foreign country in which the taxpayer is not taxable. For purposes of this subsection F.3, "not taxable" means that the taxpayer is not subject to a business activities tax by that city or county within the United States or by that foreign country, except that a taxpayer is taxable in a city or county within the United States or in a foreign country in which it would be deemed to have a substantial nexus with the city or county within the United States or with the foreign country under the standards in RCW 35.102.050 regardless of whether that city or county within the United States or that foreign country imposes such a tax. a. The customer location is in the City; or b. The income‐producing activity is performed in more than one (1) location and a greater proportion of the service‐income‐producing activity is performed in the City than in any other location, based on costs of performance, and the taxpayer is not taxable at the customer location; or c. The service‐income‐producing activity is performed within the City, and the taxpayer is not taxable in the customer location. 34. If the allocation and apportionment provisions of this subsection F do not fairly represent the extent of the taxpayer’s business activity in the City or cities in which the taxpayer does business, the taxpayer may petition for or the tax administrators may jointly require, in respect to all or any part of the taxpayer’s business activity, that one (1) of the following methods be used jointly AGENDA ITEM # 9. i) ORDINANCE NO. ________ 10 by the cities to allocate or apportion gross income, if reasonable may require, in respect to all or any part of the taxpayer’s business activity, if reasonable: a. Separate accounting; b. The use of a single factor exclusion of any one (1) or more of the factors; c. The inclusion of one (1) or more additional factors that will fairly represent the taxpayer’s business activity in the City; or d. The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer’s income. 5. The party petitioning for, or the tax administrator requiring, the use of any method to effectuate an equitable allocation and apportionment of the taxpayer's income pursuant to subsection F.4.d must prove by a preponderance of the evidence: a. That the allocation and apportionment provisions of this subsection F do not fairly represent the extent of the taxpayer's business activity in the City; and b. That the alternative to such provisions is reasonable. The same burden of proof shall apply whether the taxpayer is petitioning for, or the tax administrator is requiring, the use of an alternative, reasonable method to effectuate an equitable allocation and apportionment of the taxpayer's income. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 11 6. If the tax administrator requires any method to effectuate an equitable allocation and apportionment of the taxpayer's income, the tax administrator cannot impose any civil or criminal penalty with reference to the tax due that is attributable to the taxpayer's reasonable reliance solely on the allocation and apportionment provisions of this subsection F. 7. A taxpayer that has received written permission from the tax administrator to use a reasonable method to effectuate an equitable allocation and apportionment of the taxpayer's income shall not have that permission revoked with respect to transactions and activities that have already occurred unless there has been a material change in, or a material misrepresentation of, the facts provided by the taxpayer upon which the tax administrator reasonably relied in approving a reasonable alternative method. G. The definitions in this subsection apply throughout this section: 1. “Apportionable income” means the gross income of the business taxable under the service classifications of a city’s gross receipts tax, including income received from activities outside the City if the income would be taxable under the service classification if received from activities within the City, less any exemptions or deductions available. 2. "Business activities tax" means a tax measured by the amount of, or economic results of, business activity conducted in a city or county within the United States or within a foreign country. The term includes taxes measured in whole or in part on net income or gross income or receipts. "Business activities AGENDA ITEM # 9. i) ORDINANCE NO. ________ 12 tax" does not include a sales tax, use tax, or a similar transaction tax, imposed on the sale or acquisition of goods or services, whether or not denominated a gross receipts tax or a tax imposed on the privilege of doing business. 23. “Compensation” means wages, salaries, commissions, and any other form of remuneration paid to individuals for personal services that are or would be included in the individual’s gross income under the federal internal revenue code. 4. "Customer" means a person or entity to whom the taxpayer makes a sale or renders services or from whom the taxpayer otherwise receives gross income of the business. 3. “Individual” means any individual who, under the usual common law rules applicable in determining the employer‐employee relationship, has the status of an employee of that taxpayer. 45. “Customer location” means the following: city or unincorporated area of a county where the majority of the contacts between the taxpayer and the customer take place. a. For a customer not engaged in business, if the service requires the customer to be physically present, where the service is performed. b. For a customer not engaged in business, if the service does not require the customer to be physically present: i. The customer's residence; or AGENDA ITEM # 9. i) ORDINANCE NO. ________ 13 ii. If the customer's residence is not known, the customer's billing/mailing address. c. For a customer engaged in business: i. Where the services are ordered from; ii. At the customer's billing/mailing address if the location from which the services are ordered is not known; or iii. At the customer's commercial domicile if none of the above are known. 6. “Individual” means any individual who, under the usual common law rules applicable in determining the employer‐employee relationship, has the status of an employee of that taxpayer. 57. “Primarily assigned” means the business location of the taxpayer where the individual performs his or her duties. 68. “Service‐taxable income” or “service income” means gross income of the business subject to tax under either the service or royalty classification. 79. “Tax period” means the calendar year during which tax liability is accrued. If taxes are reported by a taxpayer on a basis more frequent than once per year, taxpayers shall calculate the factors for the previous calendar year for reporting in the current calendar year and correct the reporting for the previous year when the factors are calculated for that year, but not later than the end of the first quarter of the following year. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 14 8. “Taxable in the customer location” means either that a taxpayer is subject to a gross receipts tax in the customer location for the privilege of doing business, or that the government where the customer is located has the authority to subject the taxpayer to gross receipts tax regardless of whether, in fact, the government does so. H. Assignment or apportionment of revenue under this section shall be made in accordance with and in full compliance with the provisions of the interstate commerce clause of the United States Constitution where applicable. SECTION IV. Subsection 5‐25‐10.V of the Renton Municipal Code is amended as follows: V. Amounts Derived From Manufacturing, Selling or Distributing Motor Vehicle Fuel: This chapter shall not apply to the manufacturing, selling or distributing motor vehicle fuel, as the term “motor vehicle fuel” is defined in RCW 82.36.010 82.38.020 and exempted under RCW 82.36.440 82.38.280, provided that any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. SECTION V. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 15 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2080:10/18/19 AGENDA ITEM # 9. i) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 5‐26‐6.A AND 5‐26‐6.D OF THE RENTON MUNICIPAL CODE, BY UPDATING REGULATIONS IN ACCORDANCE WITH THE TAX ADMINISTRATIVE CODE MODEL ORDINANCE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 5‐26‐6.A and 5‐26‐6.D of the Renton Municipal Code are amended as shown below. All remaining provisions in 5‐26‐6 remain in effect and unchanged. 5‐26‐6 WHEN DUE AND PAYABLE – REPORTING PERIODS – MONTHLY, QUARTERLY, AND ANNUAL RETURNS – THRESHOLD PROVISIONS OR RELIEF FROM FILING REQUIREMENTS – COMPUTING TIME PERIODS – FAILURE TO FILE RETURNS: A. Except as provided in RMC 5‐5‐3.C, taxes or fees imposed by Chapters 5‐5, 5‐6, 5‐7, 5‐8, 5‐11, and 5‐25 shall be due and payable in quarterly installments. At the Administrator’s discretion, businesses may be assigned to a monthly or annual reporting period depending on the tax amount owing or type of tax. Until December 31, 2020, tTax returns and payments are due on or before the last day of the next month following the end of the assigned reporting period covered by the return. Effective January 1, 2021, tax returns and payments are due on or before the time as provided in RCW 82.32.045(1), (2), and (3). AGENDA ITEM # 9. j) ORDINANCE NO. ________ 2 B. Taxes and fees shall be paid as provided in this chapter and accompanied by a return on forms as prescribed by the Administrator. The return shall be signed by the taxpayer personally or by a responsible officer or agent of the taxpayer. The individual signing the return shall swear or affirm that the information in the return is complete and true to the best of their belief and knowledge. C. Tax returns must be filed and tax must be paid by the due date. The tax return must be filed whether or not any tax is owed. Returns not received on or before the due date are subject to penalties and interest in accordance with this chapter, in addition to any other civil or criminal sanction or remedy that may be available. D. For purposes of the tax imposed by Chapter 5‐25, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to tax after all allowable deductions, is equal to or less than Five Hundred Thousand dollars ($500,000) in the current reporting year, shall file a return, declare no tax due under Chapter 5‐25 on their return, and submit the return to the Administrator. The gross receipts and deduction amounts shall be entered on the tax return even though no tax may be due. E. Notwithstanding subsection A of this section, the Administrator may relieve any person of the requirement to file returns if the person meets exemption criteria under RMC 5‐25‐10. AGENDA ITEM # 9. j) ORDINANCE NO. ________ 3 F. A taxpayer that commences to engage in business activity shall file a return and pay the tax or fee for the portion of the reporting period during which the taxpayer is engaged in business activity. G. Except as otherwise specifically provided by any other provision of this chapter, in computing any period of days prescribed by this chapter the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it falls on a Saturday, Sunday, or City or federal legal holiday, in which case the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday, or city or federal legal holiday. H. If any taxpayer fails, neglects or refuses to make a return as and when required in this chapter, the Administrator is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the Administrator’s estimate of the tax or fees due. Such assessment shall be deemed prima facie correct and shall be the amount of tax owed to the City by the taxpayer. The Administrator shall notify the taxpayer by mail in writing of the amount of tax so determined, together with any penalty, interest, and fees due; the total of such amounts shall thereupon become immediately due and payable. The cost to the City, whether in staff time, or the use of professionals hired by the City, of researching and calculating such tax or fee shall be added to the taxpayer’s assessment and paid by the taxpayer. AGENDA ITEM # 9. j) ORDINANCE NO. ________ 4 SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2081:10/18/19 AGENDA ITEM # 9. j) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 2‐9‐3, 2‐9‐4, 2‐9‐5, 2‐9‐6, AND 2‐9‐7 OF THE RENTON MUNICIPAL CODE, BY REVISING PARKS COMMISSION REGULATIONS RELATED TO FUNCTION, MEMBERS, AND TERM; ALIGNING PARKS COMMISSION REGULATIONS WITH CURRENT PRACTICE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Sections 2‐9‐3, 2‐9‐4, 2‐9‐5, 2‐9‐6, and 2‐9‐7 of the Renton Municipal Code are amended as shown below. All other provisions in Chapter 2‐9 remain in effect and unchanged. 2‐9‐3 FUNCTION: A. The Parks Commission shall establish recommend policy to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, including recommending policy to control and supervise all parks belonging to the City. B. In conjunction with the Mayor and City Council, Tthe Parks Commission shall advise the City on the may planning, promoteion, management, construction, development, maintainenance and operateion, either within or without the City limits, of parks, play and recreational grounds and/or other AGENDA ITEM # 9. k) ORDINANCE NO. ________ 2 municipally owned recreation facilities, including community buildings and improvement and ornament of the same. C. The Parks Commission shall receive, in the name of the City, all monies or other property donated by individuals or groups for the improvement of parks and other recreational areas. The Commission reserves the right to reject any such donations, subject to the approval of the Council, in the event that any such donation be considered improper, unlawful or contrary to the purposes as set forth. Any cash received by the Commission on behalf of the City shall be forthwith paid to the Administrator of the Administrative Services Department and same shall be placed in the Park Fund. D. The Parks Commission is authorized to grant concessions and privileges within the parks and recreational areas, under such restrictions, and for such compensation as it shall prescribe, and any monies or properties paid thereunder shall be turned over to the Administrator of the Administrative Services Department. Such revenue shall be used for park purposes only. Any party aggrieved by the Commission in granting or denying such concession and privileges shall have the right of appeal to the Council within thirty (30) days of such action by the Commission. No concession shall be granted for a period of more than five (5) years, with the right for an extension for an additional five (5) year period of time, should the Commission deem it advisable, and then only upon condition that the concessionaire fulfill all conditions and provisions of the original five (5) year concession contract. AGENDA ITEM # 9. k) ORDINANCE NO. ________ 3 E. The Commission shall not have the power to acquire any property, by gift or otherwise, without the consent of the Council and any properties so received and acquired shall be in the name of the City. 2‐9‐4 APPOINTMENT; MEMBERS: The Parks Commission shall consist of eight seven (87) members, who shall be residents of the City of Renton, one of whom shall be under 21 years of age at the time of appointment, who shall be appointed by the Mayor, subject to the confirmation by a majority of the members of the City Council. No cCommissioner shall receive any compensation for his or her service whatsoever except for reimbursement of actual expenditures duly authorized by the City Council. 2‐9‐5 TERM: A. The term of each cCommissioner so appointed shall be for a period of four (4) years from the date of such appointment. Such term shall also apply to incumbent Commissioners and each Commissioner shall serve until his or her successor has been appointed and duly qualified. The terms of office shall begin on the first Monday in June. At the expiration of each cCommissioner’s term, the Mayor shall appoint, subject to confirmation or concurrence of by a majority of the members of the City Council members, a successor cCommissioner, if the commissioner, whose term has expired, is not recommended for reappointment. B. Members of the Parks Commission may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. Three unexcused absences AGENDA ITEM # 9. k) ORDINANCE NO. ________ 4 in a one‐year period of time shall result in automatic removal of the a Ccommissioner. The Parks Commission shall, by a majority vote, elect one of its members to be President chairperson thereof and may appoint such other officers as may be deemed necessary by them. 2‐9‐6 COMMISSION AUTHORITY: The Parks Commission shall have the authority to propose rules and regulations for the operation, management and maintenance of parks and other recreational facilities, including recommendations to the City Council to fix charges for regarding the use of any municipally owned or controlled park or recreational facilities. 2‐9‐7 APPOINTMENT, QUALIFICATIONS, AND DUTIES OF PARKS DIRECTOR AND RECREATION DIRECTOR EX OFFICIO MEMBER AND STAFF LIAISON: A. When there is a vacancy in the position of Parks Director or Recreation Director, the Parks Commission, in conjunction with the Community Services Administrator, shall recommend one or more qualified candidates for the positions of Parks Director or Recreation Director to the Mayor for consideration for an appointment to that position. The Mayor shall appoint a candidate to the position of Parks Director or Recreation Director, or may reject the recommendations of the Parks Commission, and ask for additional names to be submitted. The Mayor shall not appoint a Parks Director or Recreation Director without that individual’s name having been recommended by the Parks AGENDA ITEM # 9. k) ORDINANCE NO. ________ 5 Commission. The person that the Mayor appoints to the position of Parks Director or Recreation Director shall be subject to confirmation by the City Council. B. The qualifications and duties for the positions of Parks Director and Recreation Director shall be established by the Human Resources Department of the City with the concurrence of the Parks Commission. AC. The Community Services Administrator may appoint a designee to The Parks Director or Recreation Director may serve as an ex officio member of the Parks Commission, but such designee shall have no vote thereon. B. The designee appointed pursuant to RMC 2‐9‐7.A This individual shall serve as the be the liaison or staff liaison support to the Parks Board Commission. D. The salaries of the Parks Director or Recreation Director shall be as fixed in the annual budget of the City. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk AGENDA ITEM # 9. k) ORDINANCE NO. ________ 6 APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2064:8/14/19:scr AGENDA ITEM # 9. k) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 2‐8‐6 AND 2‐8‐7 OF THE RENTON MUNICIPAL CODE, BY REORDERING PROVISIONS, AMENDING THE CITY ART COLLECTION REGULATIONS, REPEALING THE ONE PERCENT FOR ARTS PROGRAM, ESTABLISHING THE MUNICIPAL ART FUND, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Sections 2‐8‐6 and 2‐8‐7 of the Renton Municipal Code are amended as shown below. All other provisions in chapter 2‐8 RMC remain in effect and unchanged. 2‐8‐6 ONE PERCENT FOR ARTS PROGRAM: A. The One Percent for Arts Program shall result in the fabrication or selection and acquisition of art to be installed and added to the City Art Collection. 1. The One Percent for Arts Program shall be funded by the amount equal to one percent (1%) of the actual total project cost of Capital Improvement Projects, upon budgeting therefor by the City Council and authorization by the Mayor or designee, with exceptions noted herein. 2. The amount transferred to the One Percent for Art Fund (“Fund”), shall be based on the Capital Improvement Project’s cost used for budgetary planning purposes. The amount transferred to the Fund shall be adjusted up or down from that amount, based on the actual total project cost after it has been completed. AGENDA ITEM # 9. l) ORDINANCE NO. ________ 2 3. Definition of Capital Improvement Project: For the purpose of this Chapter, a Capital Improvement Project shall be a reference to any public building, decorative or commemorative structure, park, street, sidewalk, parking facility, or any portion thereof, within the City limits, which will be constructed, renovated or remodeled, and paid for wholly or in part by the City, and the total project cost of which exceeds ten thousand dollars ($10,000) to construct, renovate, or remodel. 4. The definition of a Capital Improvement Project shall not include the City’s water and sewer utility capital projects. 5. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to grants, loans, or assistance from Federal, State or other governmental units, specifically prohibits, limits or excludes artwork as a proper project expenditure, then the amount of funds from such source shall be specifically excluded in computing the one percent (1%) amount of the total project cost. Other funds for the project, however, will be subject to the Fund assessment. B. Works of art to be funded by the One Percent for Arts Program shall follow the guidelines of this section. 1. Whenever a work of art is to be funded under this Chapter, the Commission shall, in consultation with the Mayor, initiate the project by selecting the appropriate site for a work of art and, following consultation with the Mayor or designee, recommend the art project to the City Council. AGENDA ITEM # 9. l) ORDINANCE NO. ________ 3 2. The City Council shall consider the recommendation of the Commission and either approve or reject the recommended art project. 3. Should the City Council approve the art project, then the City shall proceed to contract with the appropriate artist or artists to acquire or fabricate the work of art. 4. The contract with the artist or artists will be administered by Community and Economic Development Department staff. C. The One Percent for Art Fund shall not be utilized for maintenance, restoration, or repair of the City Art Collection, including for works of art funded by the One Percent for Arts Program. 2‐8‐76 CITY ART COLLECTION: A. The Commission shall serve as steward of the City Art Collection (“Collection”). It is the responsibility of the Commission to manage the Collection by maintaining an accurate inventory of works. The Commission shall, on an annual basis, inspect the Collection in order to provide verification to the Mayor or designee and City Council of the location and condition of all works in the Collection. B. The Commission shall have authority to rotate, re‐site, and display works from the Collection at its discretion, subject to the requirements of this chapter. Meaningful access by the public, security of the Collection, and appropriateness of the location shall be primary considerations of the Commission. Works from the AGENDA ITEM # 9. l) ORDINANCE NO. ________ 4 Collection shall not be located in private offices or other locations not accessible to the public. C. Items in the Collection may be loaned to nonprofit or public cultural organizations or agencies for exhibition purposes when the exhibition will share the work with new audiences, promote scholarship, or offer new consideration of the work or art or artist. Loans shall not be made for commercial purposes. The Commission shall consider each loan request and prepare a recommendation to the City Council. No loan shall be made unless the City Council has approved the loan request. D. The Commission shall, in coordination with the appropriate departments, maintain a conservation policy from which it may shall prepare specifications for a maintenance plan for the Collection. Funds budgeted deposited into the Municipal Art Fund established in RMC 2‐8‐6.B to the Commission shall not be used for maintenance of the Collection. Artwork maintenance and restoration of the Collection shall be performed by the City’s Facilities Division, unless and prioritized with other City maintenance projects by the appropriate departments, including when maintenance or restoration is contracted out to a third party. of artwork in the Collection requires a level of skill beyond that of Facilities Department personnel, as E. For purposes of this Section, the “appropriate department” is determined by the location of the art Commission and the Facilities Department. For art located in City‐owned parks, trails and natural areas, and City buildings, AGENDA ITEM # 9. l) ORDINANCE NO. ________ 5 Community Services shall be the appropriate department. For art located in rights‐ of‐way, Public Works shall be the appropriate department. For art located on private property, CED shall be the appropriate department. EF. The purpose of the Commission is to serve as steward of and advisor regarding the Collection; however, the City Council makes all final decisions regarding funds expended on acquisitions to the Collection. Works of art under consideration to be added to the Collection, whether by purchase, creation, gift, or other means of acquisition, shall be evaluated by the Commission as to appropriateness prior to acceptance. Such consideration shall be guided by Aacquisition Ppolicies as delineated in the Commission bylaws. If the Commission determines that acquisition is appropriate, it shall prepare a recommendation to the City Council. The City Council shall have the only authority to approve or reject the recommended acquisition. FG. The Commission may occasionally find it necessary to deaccession work or works from the Collection, which finding shall be done made in accordance with Deaccession Policies in the Commission’s bylaws. When the Commission makes a finding that deaccession is appropriate, it shall prepare a recommendation to the City Council. The City Council shall have the only authority to approve or reject the recommended deaccession according to City surplusing policies and processes. 2‐8‐7 FUNDING FOR THE ARTS: AGENDA ITEM # 9. l) ORDINANCE NO. ________ 6 A. Policy: The City finds that the public experience is enhanced through the visual arts. Such works of art create a more visually pleasing and humane environment and add to the overall beautification and cultural climate of the City and the quality of life of its residents. A policy is therefore established that anticipates City funding for works of art in places publicly viewable in the City. Works of art acquired with these funds will become part of the City Art Collection. B. Municipal Art Fund: There is hereby created and established a special purpose interest‐bearing fund designated the “Municipal Art Fund” into which shall be deposited moneys as the City Council shall designate for works of art. Moneys so budgeted and deposited shall be expended for: 1. The selection, acquisition, and/or display of works of art in the City Art Collection as approved by the City Council. Such works of art shall be placed and retained in locations where they are readily accessible for public viewing. 2. Operational and incidental expenditures for the Commission. 3. Grants awarded to local artists and community events to support local arts. SECTION III. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. AGENDA ITEM # 9. l) ORDINANCE NO. ________ 7 SECTION IV. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2065:10/2/19 AGENDA ITEM # 9. l) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (BILL ANNEXATION; FILE NO. A‐18‐002). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written annexation petition was presented and filed with the City Clerk on or about November 27, 2018; and WHEREAS, the area to be annexed, known as the Bill Annexation, is 8.5 acres and is located at the eastern portion of the City limits. It is bordered by parcel lines to the north, Toledo Avenue SE to the east, a parcel line in proximity of SE 140th Street (if extended) to the south, and 152nd Ave SE to the west. The boundaries to the north and east are coterminous with existing City limits. The Property is legally described and depicted in Exhibit A, attached hereto and made a part hereof as if fully set forth (the "Property" or "area to be annexed"); and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property owners of not less than ten percent (10%) in value, according to the assessed valuation for general taxation of the area to be annexed, notified the City Council of their intention to commence the direct petition for annexation proceedings; and WHEREAS, after a public hearing, it was determined that the petitioning owners agreed to accept that portion of the City's Comprehensive Plan as it pertains to the area to be annexed including the applicable zoning regulation relating thereto; and WHEREAS, the King County Department of Assessments examined and verified the signatures on the petition for annexation on or about April 8, 2019, and determined that the AGENDA ITEM # 9. m) ORDINANCE NO. _______ 2 signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as required by RCW 35A.14.120; and WHEREAS, the Department of Community and Economic Development of the City of Renton considered and recommended that the City of Renton annex the Property; and WHEREAS, consistent with RCW 35A.14.130, the City Council set June 3, 2019, in the City Council Chambers, City Hall, as the time and place for a public hearing on the petition with notice as required by law; and WHEREAS, pursuant to notice, the public hearing was held at the time and place specified, and the City Council considered all matters in connection with the petition and determined that all legal requirements and procedures applicable to the RCW 35A.14.120 petition method for annexation have been met; and WHEREAS, a "Notice of Intention," including all required information for review of the annexation, was transmitted to the King County Boundary Review Board and approved as of September 9, 2019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the Property is hereby approved and granted; the Property being contiguous to the city limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after AGENDA ITEM # 9. m) ORDINANCE NO. _______ 3 the approval, passage, and thirty (30) days after publication of this ordinance; and on and after said date the Property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; and the owners of the properties within the area to be annexed shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2095:10/22/19 AGENDA ITEM # 9. m) ORDINANCE NO. _______ 4 EXHIBIT “A” LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY AGENDA ITEM # 9. m) ORDINANCE NO. _______ 5 AGENDA ITEM # 9. m) AGENDA ITEM # 9. m) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4‐4‐140 OF THE RENTON MUNICIPAL CODE, ADDING TEMPORARY WIRELESS COMMUNICATIONS FACILITIES STANDARDS, ADDING A DEFINITION OF “WIRELESS COMMUNICATION FACILITY, TEMPORARY,” CLEANING UP FORMATTING, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Section 4‐4‐140 of the Renton Municipal Code is amended as follows: 4‐4‐140 WIRELESS COMMUNICATION FACILITIES: A. PURPOSE: The purposes of this Section are to: AGENDA ITEM # 9. n) ORDINANCE NO. ________ 2 1. Provide a variety of locations and options for wireless communication providers while minimizing the visual impacts associated with wireless communication facilities; 2. Encourage creative approaches in locating and designing wireless communication facilities that blend in with the surroundings of such facilities; 3. Provide standards that comply with the Telecommunications Act of 1996 (“the Telecommunications Act”); the provisions of this Section are not intended to and shall not be interpreted to prohibit or have the effect of prohibiting personal wireless services as defined in the Telecommunications Act; and 4. Administer the provisions of this Section in such a manner as to not unreasonably discriminate between providers of functionally equivalent personal wireless services, as defined in the Telecommunications Act. B. GOALS: 1. Commercial Wireless Facilities: a. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; b. Encourage the joint‐use of new and existing towers; c. Encourage users of towers and antennas to locate them, to the extent feasible, in areas where the visual impact on the community is significantly minimized; d. Encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas; and AGENDA ITEM # 9. n) ORDINANCE NO. ________ 3 e. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. 2. Amateur Radio Antennas: The goals of this Section are to ensure the interests of neighboring property owners are considered while reasonably accommodating amateur radio communications so as to comply with applicable Federal law. These regulations are not intended to preclude amateur radio communications. C. APPLICABILITY AND AUTHORITY: No person shall place, construct, reconstruct or modify a wireless communication facility within the City without an Administrator issued permit, except as provided by this Title or chapter 5‐19 RMC, and a Building Official issued permit. The Administrator shall have discretion to approve or deny elements of a WCF where standards provide flexibility or subjectivity; the same discretion is given to the Hearing Examiner for applications requiring a public hearing. D. COLLOCATION REQUIRED: 1. Evaluation of Existing Support Structures: With the exception of support structures to facilitate the deployment of small cell facilities, no new support structure shall be permitted unless the applicant demonstrates to the Administrator’s satisfaction that no existing tower or support structure can accommodate the applicant’s proposed WCF. Evidence submitted to demonstrate that an existing tower or structure cannot accommodate the applicant’s proposed antenna may consist of any of the following: AGENDA ITEM # 9. n) ORDINANCE NO. ________ 4 a. No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements. b. Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment. d. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. 2. Cooperation of Providers in Collocation Efforts: With the exception of support structures deploying small cell facilities, a permittee shall cooperate with other providers in collocating additional antennas on support structures, provided the proposed collocators have received a building permit for such use at the site from the City. A permittee shall exercise good faith in collocating with other providers and sharing the permitted site, provided such shared use does not give AGENDA ITEM # 9. n) ORDINANCE NO. ________ 5 rise to a substantial technical level of impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require a third‐party technical study at the expense of either or both the applicant and permittee. 3. Reasonable Efforts: All applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposal. E. ALTERATION OF EXISTING WIRELESS COMMUNICATION FACILITY (WCF) SUPPORT STRUCTURES: 1. Minor Alteration: A proposed collocation and/or modification to a lawfully existing WCF support structure that does not substantially change the physical dimensions of the WCF shall be a minor alteration and exempt from conditional use permit requirements. A minor alteration is an eligible facilities request as that term is used pursuant to Section 6409(a) of the Spectrum Act and its implementing regulations. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: a. Height: For towers other than towers in the public rights‐of‐way, it increases the height of the tower by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty feet (20'), whichever is greater; for other eligible AGENDA ITEM # 9. n) ORDINANCE NO. ________ 6 support structures, it increases the height of the structure by more than ten percent (10%) or more than ten feet (10'), whichever is greater; b. Width: For towers other than towers in the public rights‐of‐way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet (20'), or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet (6'). c. Equipment Cabinets: i. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; and ii. For towers in the public rights‐of‐way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure; or involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure; d. Excavation: It entails any excavation or deployment outside the current site; e. Concealment: It would defeat the concealment elements of the eligible support structure; or AGENDA ITEM # 9. n) ORDINANCE NO. ________ 7 f. Entitlement: It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsections E1a through d of this Section. 2. Major Alteration: Any change that is not a minor alteration is a major alteration. 3. Original Dimensions: An increase in height and/or width of a WCF due to a collocation and/or modification shall be measured against the dimensions of the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act. 4. Review Time Period: Requests for minor alterations, as described in this subsection, shall be reviewed for completeness and approval or denial within sixty (60) days. F. STANDARDS AND REQUIREMENTS FOR ALL TYPES OF WIRELESS COMMUNICATIONS FACILITIES: 1. Equipment Shelters/Cabinets: a. Location: Except for equipment related to small cell facilities and temporary wireless communication facilities, or “cell‐on‐wheels”, equipment AGENDA ITEM # 9. n) ORDINANCE NO. ________ 8 shelters and cabinets used to house related equipment should be located within buildings or placed underground, unless it is infeasible. However, in those cases where it can be demonstrated by the applicant that the equipment cannot be located in buildings or underground, equipment shelters or cabinets shall be screened to the Administrator’s satisfaction. b. Screening: Equipment shelters and cabinets for all facilities other than small cell facilities and temporary wireless communication facilities, or “cell‐ on‐wheels", shall be surrounded by a fifteen‐foot (15') wide sight‐obscuring landscape buffer along the outside perimeter of required security fencing with a minimum height that is no less than the height of the compound fence at any point; however, existing topography, vegetation and other site characteristics may provide relief from the screening requirement. The required landscaped areas shall include an automated irrigation system, unless the applicant is able to justify an exception to this requirement to the Administrator’s satisfaction. Related equipment facilities located on the roof of any building need not be landscaped but shall be screened on all sides in a manner that complements and blends with the surroundings so as to be shielded from view. Related equipment facilities shall not be enclosed with exposed metal surfaces. Equipment shelters and cabinets for small cell facilities shall be concealed in accordance with subsection J of this Section. c. Size: Except for equipment related to temporary wireless communication facilities, or “cell‐on‐wheels”, Tthe applicant shall provide AGENDA ITEM # 9. n) ORDINANCE NO. ________ 9 documentation that the size of any equipment shelters or cabinets is the minimum necessary to meet the provider’s service needs, and meets any size requirements of this Code. The area of the compound may be greater than is necessary in order to accommodate future collocations, but the area reserved for future equipment shelters/cabinets shall be the minimum necessary for the documented WCF capacity. d. Generators: Except for temporary wireless facilities or "cell‐on‐ wheels", the following standards apply to generators powering all types of wireless communication facilities: i. Architectural integration is required (if applicable). ii. To the extent feasible, generators shall be enclosed along with the related equipment. Similar to equipment shelters, the screening for the generator shall utilize similar building materials, colors, accents, and textures as the primary building; if no buildings exist on site, ensure that the building is designed to blend in with the environment. iii. A screening wall and/or landscaping material shall be required to mitigate visual impacts. iv. Fences shall be constructed of materials that complement and blend in with the surroundings. v. Anti‐graffiti finish shall be applied to all solid fences, walls, and gates. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 10 vi. A noise analysis shall be required to demonstrate that the generator will operate within allowed noise limits if the generator is the sole power source. 2. Maximum Height: All wireless communication facilities shall comply with RMC 4‐3‐020, Airport Related Height and Use Restrictions. In addition, all wireless communication facilities shall comply with the height limitation of the applicable zoning district, except as follows: a. Monopole I: Less than sixty feet (60') for all zones. Antennas may extend sixteen feet (16') above the monopole I support structure. b. Monopole II: No more than thirty five feet (35') higher than the maximum height for the applicable zoning district, or one hundred fifty feet (150'), whichever is less. Antennas may extend sixteen feet (16') above the monopole II support structure. c. Stealth Towers: The maximum allowed height of a stealth tower shall be one hundred fifty feet (150'); however, the allowed height for a specific type of stealth facility shall be determined through the Conditional Use Permit review process and the standards of this Section. d. Rooftop WCF: Concealed and/or camouflaged WCFs erected on a rooftop may extend up to sixteen feet (16') above the allowed zone height. e. Utility Poles: AGENDA ITEM # 9. n) ORDINANCE NO. ________ 11 i. Proposed replacement utility poles, for the purpose of siting wireless communication facilities other than small cell facilities, shall be no more than twenty feet (20') taller than adjacent utility poles; ii. Utility poles used for the siting of wireless communication facilities other than small cells on residentially zoned private property shall be no taller than forty‐five feet (45'), unless those poles are transmission utility poles, in which case the proposed replacement utility pole cannot be more than twenty feet (20') taller than the existing pole; iii. Small cell facility deployments on existing and replacement utility poles shall be regulated in accordance with subsection J of this Section. 3. Visual Impact: Site location and development shall preserve the pre‐ existing character of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on‐site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less adverse visual impact to the surrounding area. Towers, antennas and related equipment shall be uniformly painted a nonreflective neutral color that best matches the colors within the immediately surrounding built and natural landscape in order to reduce the contrast between the WCF and the landscape. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 12 4. Setbacks: Towers shall be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe for abutting properties and the Administrator determines that a reduced setback is appropriate for the site. 5. Maximum Noise Levels: No equipment shall be operated so as to produce noise in levels above forty‐five (45) decibels as measured from the nearest property line on which the wireless communication facility is located. Operation of a back‐up power generator in the event of power failure or the testing of a back‐up generator between eight o’clock (8:00) a.m. and nine o’clock (9:00) p.m. are exempt from this standard. No testing of back‐up generators shall occur between the hours of nine o’clock (9:00) p.m. and eight o’clock (8:00) a.m. 6. Fencing: Security fencing shall be required and shall be painted or coated with a nonreflective neutral color. Fencing shall comply with the requirements listed in RMC 4‐4‐040, Fences, Hedges, and Retaining Walls. 7. Lighting: Towers or antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting for the equipment shelters or cabinets and other on‐the‐ground ancillary equipment is also permitted, as long as it is appropriately down shielded to keep light within the boundaries of the compound. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 13 8. Advertising Prohibited: No lettering, symbols, images, or trademarks large enough to be legible to occupants of vehicular traffic on any abutting roadway shall be placed on or affixed to any part of a WCF tower, antenna array or antenna, other than as required by FCC regulations regarding tower registration or other applicable law. Antenna arrays designed and approved to be located on or within signs or billboards as a stealth tower, small cell, or a concealed or camouflaged WCF, shall not be construed to be in violation of this prohibition. 9. Building Standards: Support structures shall be constructed so as to meet or exceed the most recent Electronic Industries Association /Telecommunications Industries Association (EIA/TIA) 222 Revision G Standard entitled: “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Prior to issuance of a building permit the Building Official shall be provided with an engineer’s certification that the support structure’s design meets or exceeds those standards. 10. Radio Frequency Standards: The applicant shall ensure that the wireless communication facility (WCF) will not cause localized interference with the reception of area television or radio broadcasts. If the City finds that the WCF interferes with such reception, and if such interference is not remedied within thirty (30) calendar days, the City may revoke or modify a Building and/or Conditional Use Permit. G. CONCEALED WIRELESS COMMUNICATION FACILITY STANDARDS: AGENDA ITEM # 9. n) ORDINANCE NO. ________ 14 Additions or modifications to buildings shall complement the existing design, bulk, scale, and symmetry of the building, and minimize the addition of bulk and clutter. Except as otherwise provided in subsection J of this Section for small cell facilities, concealed WCFs shall adhere to the following standards: 1. Building Addition: All antennas shall be fully concealed within a structure that is architecturally compatible with the existing building. Roof top additions shall be concealed on all sides. 2. Related Equipment: The related equipment shall be completely concealed inside a structure or inside an underground vault. Concrete masonry unit (CMU) walls and prefabricated facilities do not meet the intent of a concealed WCF. Equipment enclosures shall be designed to be compatible with the existing building/structure. 3. Materials: Fiberglass reinforced plastic or radio frequency transparent materials may be used to screen and integrate a WCF with an existing building. Visible transition lines between the old and new surfaces are prohibited. 4. Architectural Elements: New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. 5. Residential Buildings: Wireless communication facilities shall not be located on residential buildings except for multi‐family structures constructed pursuant to the International Building Code as an occupancy group R‐2, which may serve as a support structure if the interior wall or ceiling immediately abutting the AGENDA ITEM # 9. n) ORDINANCE NO. ________ 15 facility is an unoccupied residential space (e.g., stairwells, elevator shafts, mechanical rooms, etc.). H. CAMOUFLAGED WIRELESS COMMUNICATION FACILITY STANDARDS: Additions or modifications to buildings shall complement the existing design, bulk, scale, and symmetry of the building, and minimize the addition of bulk and clutter. Except as otherwise provided in subsection J of this Section for small cell facilities, camouflaged WCFs shall adhere to the following standards: 1. Architectural Integration: Antennas may be mounted to a building if the antennas do not interrupt the building’s architectural theme. a. When feasible, camouflaged WCFs shall employ a symmetrical, balanced design for all facade‐mounted antennas. For multiple deployments on one structure, subsequent applications will be required to provide for consistent design, architectural treatment and symmetry in placing antennas on the structure’s exterior with any existing WCFs on the same side of the structure. b. When feasible, interruption of architectural lines or horizontal or vertical reveals is prohibited. 2. Materials: a. Mounting Hardware: Utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. b. Concealment: Utilize skirts or shrouds on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed cabling is prohibited. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 16 c. Paint: Paint and texture antennas to match the adjacent building surfaces. 3. Antennas: a. Antennas shall be no longer or wider than the facade on which they are proposed. b. When panel antennas are unscreened, they shall be mounted no more than twelve inches (12") from the building facade. c. No exposed mounting apparatus shall remain on a building facade without the associated antennas. 4. Residential Buildings: Wireless communication facilities shall not be located on residential buildings except for multi‐family structures constructed pursuant to the International Building Code as an occupancy group R‐2, which may serve as a support structure if the interior wall or ceiling immediately abutting the facility is an unoccupied residential space (e.g., stairwells, elevator shafts, mechanical rooms, etc.). I. STEALTH TOWER STANDARDS: The following standards for each type of stealth tower are the minimum necessary to meet the intent of effectively disguising the tower. Standards for types of stealth towers not identified within this subsection will be determined on a case‐by‐case basis by the Administrator through the Conditional Use Permit criteria pursuant to RMC 4‐9‐030E, Decision Criteria – Wireless Communication Facilities. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 17 1. Faux Trees: a. Location: Faux trees shall be located within one hundred feet (100') of existing trees, unless photo simulations show, to the Administrator’s satisfaction, that the proposed faux tree would be appropriate for the site. b. Height: The faux tree may exceed the average height of nearby trees by no more than twenty percent (20%) or thirty feet (30'), whichever is greater. c. Authenticity: Faux trees shall replicate the shape, structure, and color of live trees common to the area. Plans shall provide detailed specifications regarding the number and spacing of branches, bark, foliage, and colors. All faux trees shall incorporate a sufficient number of branches (no less than three (3) branches per linear foot of height) and design materials (e.g., faux bark) so that the structure appears as natural in appearance as feasible. Branches shall not be required for the lowest twenty feet (20') of the trunk. d. Concealment: i. All cables and antennas shall be painted to match the color of the trunk. ii. Antenna socks are mandatory for all antennas (and similar components) located on a faux tree. 2. Flagpoles: a. Location and Height: The height, diameter and location of the flagpole shall be compatible with the surrounding area, as determined by the AGENDA ITEM # 9. n) ORDINANCE NO. ________ 18 Administrator. The flagpole shall be tapered in order to maintain the appearance of an authentic flagpole. b. Authenticity: Flags shall comply with the U.S. Flag Code. Allowed flags include national, state, county and municipal flags properly displayed. In addition, one (1) corporate or institutional flag may be properly displayed at each site. c. Concealment: Antennas shall be enclosed within the pole or a radome. If a radome is used, it shall have a diameter no greater than one hundred fifty percent (150%) of the diameter of the pole at the height where the radome will be mounted. The length of the radome shall not be greater than one‐third (1/3) of the height of the proposed light pole. All cables shall be routed directly from the ground up through the pole. Cable coverings are prohibited. 3. Sports Field Lights: a. Location and Height: Utilization of an existing or replacement sports field light as a WCF support structure shall only be permitted on sites where a sports field exists. The height, diameter and location of the sports field light(s) shall be compatible with the surrounding area, as determined by the Administrator. b. Authenticity: Sports field lights shall be uniform (style, height, etc.) with the exception of the WCF. The sports field lights shall provide consistent illumination for the sports field. c. Concealment: AGENDA ITEM # 9. n) ORDINANCE NO. ________ 19 i. Antennas shall be no more than twenty feet (20') above the light source. ii. All cables shall be routed directly from the ground up through the pole. Cable coverings are prohibited. iii. Paint antennas and mounting apparatus the same color as the pole. 4. Freestanding Signs: a. Sign Permit Required: Towers replicating a sign shall be subject to RMC 4‐4‐100, Sign Regulations, and a separate sign permit shall be required. b. Concealment: i. All antennas shall be completely screened by the facade of the sign or by fiberglass reinforced plastic or radio frequency transparent materials. ii. All cables and conduit to and from the sign shall be routed from underneath the foundation up into the pole. Cable coverings may be allowed in limited circumstances in situations where they are minimally visible and designed to integrate with the sign. J. SMALL CELL/DISTRIBUTED ANTENNA SYSTEMS STANDARDS: Small cell deployment includes small cell facilities, microcells, and small cell networks. The following provisions establish design and concealment standards for small cell facilities and in appropriate situations, criteria for the establishment of standards for small cell deployments subject to a concealment element plan; provided, however, that any small cell, microcell, or small cell network component AGENDA ITEM # 9. n) ORDINANCE NO. ________ 20 which is not exempt from SEPA review shall comply with RMC 4‐9‐070, Environmental Review Procedures. These standards shall also apply to distributed antenna systems when equipment is installed outside of a building. Throughout this Section, unless context clearly provides otherwise, the term “small cell facilities” refers to small cell facilities, microcells, small cell networks, and distributed antenna systems. 1. Preferred Concealment Techniques: Small cell facilities complying with the preferred concealment techniques described in this subsection shall be considered a permitted use. Facilities complying with the preferred concealment techniques in this subsection require a small cell permit, subject to the Type I permit procedures in RMC 4‐8‐080, Permit Classification. In addition, small cell facilities located on or over the public right‐of‐way also require a right‐of‐way use permit, unless the Administrator allows use of the public right‐of‐way and conditions thereof to be incorporated into a franchise agreement. a. Building Attachment: Antennas may be mounted to a building if the antennas do not interrupt the building’s architectural theme. i. Small cell facilities attached to the side or roof of buildings shall employ a symmetrical, balanced design for all facade‐mounted antennas. Subsequent deployments will be required to ensure consistent design, architectural treatment and symmetry when placing antennas on the structure’s exterior with any existing small cell facilities on the same side of the structure. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 21 ii. The interruption of architectural lines or horizontal or vertical reveals is prohibited unless demonstrated to be unavoidable. iii. New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. iv. Small cell facilities shall utilize the smallest mounting brackets necessary in order to provide the smallest offset from the building. v. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to conceal mounting hardware, create a cleaner appearance, and minimize the visual impact of the antennas. Exposed conduit, cabling and wiring is prohibited. vi. Small cell facilities shall be painted and textured to match the adjacent building surfaces. vii. All installations of small cell facilities shall have permission from the pole/structure owner to install facilities on such structure. b. Projecting or Marquee Sign: i. Small cell facilities replicating a projecting or marquee sign shall be subject to RMC 4‐4‐100, Sign Regulations. A sign permit is required unless the small cell facilities are placed entirely within an existing sign. ii. All antennas shall be completely screened by the facade of the sign. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 22 iii. All cables and conduit to and from the sign shall be routed from within the building wall. Cable coverings may be allowed on the exterior of the building wall in limited circumstances in situations where they are minimally visible and concealed to match the adjacent building surfaces. c. Parking Lot Lighting: Small cell facilities are permitted as attachments to or replacements of existing parking lot light fixtures. The design of the parking lot light fixture shall be in accordance with RMC 4‐4‐075, Lighting, Exterior On‐Site; provided, that a pole extender up to six feet (6') in height may be utilized. d. Street Light Poles and Traffic Signal Poles in Urban Design Districts: For the purposes of this Section, urban design districts are those districts defined in RMC 4‐3‐100, Urban Design Regulations. In an urban design district, an existing street light pole or traffic signal pole (but not a wooden utility pole) may be replaced or added on to accommodate small cell antennas and related equipment subject to the following requirements: i. Replacement street lights/traffic signal poles shall conform to the adopted streetscape design standard for the design district. The replacement pole shall look substantially the same as the existing standard. ii. Wherever compatible with the pole design and technologically feasible, all equipment and cabling shall be internal to the replacement street lighting standard. If equipment or cabling is not proposed to be placed internal to AGENDA ITEM # 9. n) ORDINANCE NO. ________ 23 the replacement pole, a concealment element plan shall be submitted in accordance with the provisions of subsection J3J.2 of this Section. iii. No Illumination: Small cell facilities shall not be illuminated. iv. Generators and Backup Battery: Generators are not permitted for small cell facilities. A battery backup may be permitted through the submittal of a concealment element plan and subject to administrative conditional use permit review for the purpose of serving multiple small cell facilities. v. Cabinet Location and Dimensions: The equipment cabinet for small cell facilities shall be the smallest amount of cabinet enclosure necessary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet. e. Utility Poles/Street Light Poles in Areas Other Than Design Districts and Exempt from Undergrounding: For installations outside of urban design districts and exempt from undergrounding requirements pursuant to RMC 4‐6‐ 090, Utility Lines – Underground Installation, small cell antennas and related equipment may be attached to existing or replacement utility poles or street light poles if the antennas and related equipment meet the following requirements: i. Height Restrictions: All small cell facilities shall be in compliance with height restrictions applicable to poles and other structures proposed to be utilized. The City may approve minor deviations up to the minimum additional height needed to allow sufficient space for the required clearance from electrical AGENDA ITEM # 9. n) ORDINANCE NO. ________ 24 utility wires when required to accommodate antennas at the top of a pole or a pole extender, which shall be no greater than six feet (6') tall. ii. Replacement Poles: Replacement poles shall match height, width, color (to the extent possible, and material of the original or adjacent poles). The City may approve minor deviations up to the minimum additional height needed to allow sufficient space for the required clearance from electrical wires when required to accommodate antennas, and may also approve minor deviations up to fifty percent (50%) of the pole width or thirty inches (30"), whichever is greater, when housing equipment within the pole base. Replacement poles shall be located as close as possible to the existing pole, and the replaced pole shall be removed. iii. Interior Concealment: Whenever technologically feasible, antennas and equipment shall be fully concealed within a light pole, or otherwise camouflaged to appear to be an integrated part of a light pole. iv. Flush‐Mounting and Pole‐Top Antennas: In situations when interior concealment is demonstrated to not be possible, the small cell facility shall, to the full extent permitted under the State electrical code and the utilities’ requirements, be flush‐mounted on the subject pole, which means mounting directly to the pole with little to no gap other than that which may be required for the screws/bolts, or located at the top of the pole. Canisters attached to the top of a pole shall not exceed the diameter of the pole, unless technically required and AGENDA ITEM # 9. n) ORDINANCE NO. ________ 25 then shall not be more than fifty percent (50%) greater than the diameter of the pole. v. Antenna Design: Where an enclosure is proposed to house an antenna, the antenna shall be located in an enclosure of no more than three (3) cubic feet in volume, or in case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three (3) cubic feet. No more than four (4) antennas are permitted on a single pole and with a total volume not to exceed twelve (12) cubic feet. vi. Material and Color: If interior concealment described in subsection J1eiii of this Section is not possible, the small cell facility shall to the maximum extent feasible match the color of the pole and shall be nonreflective. vii. No Illumination: Small cell facilities shall not be illuminated. viii. No Collocation on Wooden Utility Poles: Each wooden utility pole may not contain more than one (1) small cell facility. ix. Generators and Backup Battery: Generators are not permitted for small cell facilities. A battery backup may be permitted through the submittal of a concealment element plan and subject to administrative conditional use permit review for the purpose of serving multiple small cell facilities. x. Cabinet Location and Dimensions: The equipment cabinet for small cell facilities shall be the smallest amount of cabinet enclosure necessary to enclose the equipment. Disconnect switches may be located outside of the primary equipment cabinet. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 26 2. Concealment Element Plan: a. Concealment Element Plan Required: Applications for proposed small cell facilities installations which do not conform to a preferred concealment technique in subsection J.1 of this Section shall submit a concealment element plan. The plan shall include the design of the screening, fencing, or other concealment technology for a base station, tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed wireless facility. b. Purpose of Concealment Element Plan, Generally: Concealment element plans should seek to minimize the visual obtrusiveness of installations using methods including, but not limited to, integrating the installation with architectural features or building design components, utilization of coverings or concealment devices of similar material, color and texture, or the appearance thereof, as the surface against which the installation will be seen or on which it will be installed. Other concealment element approaches may include, but not be limited to, use of street furniture concealment products such as trash cans, benches, information kiosks, or other types of enclosures reasonably compatible to conceal ground level equipment. Additionally, the use of a concealment support or device, such as a clock tower, steeple, flagpole, tree, wayfinding sign, decorative pole with banner, artwork, street sign, or other applicable concealment structure may be approved. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 27 c. Review of Concealment Element Plan for Nonsubstantial Change Collocations: Where a collocation is proposed that does not comply with a preferred concealment technique but does not constitute a major alteration, a concealment element plan shall be subject to administrative review to ensure the proposed collocation does not defeat the concealment features approved as part of the initial installation at that location. d. Review of Concealment Element Plan for Initial Installations and Substantial Change Collocations: For initial installations and major alterations not complying with a preferred concealment technique, the concealment element plan shall be subject to administrative conditional use permit review. 3. New Poles: Within urban design districts and where undergrounding is not required pursuant to RMC 4‐6‐090, Utility Lines – Underground Installation, the installation of a new pole for the purpose of locating small cell facilities is permitted only when the applicant establishes that: a. The small cell facility cannot be located on a site outside of the public right‐of‐way such as a public park, public property, or in or on a building whether by roof or panel‐mount or separate structure; and b. The small cell facility cannot be located on an existing pole within the public right‐of‐way; and c. The proposed facility complies with a preferred concealment technique or an approved concealment element plan. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 28 4. Ground‐Mounted Equipment Standards; ADA Compliance Required: To allow full use of the public right‐of‐way by pedestrians, bicycles and other users, and particularly in urban design districts and underground districts, all ground‐mounted equipment shall be undergrounded in a vault meeting the City’s construction standards or incorporated into street furniture or the base of a pole. The location of ground‐mounted equipment including street furniture (to the extent undergrounding such equipment is not technologically feasible), replacement poles and/or any new poles shall comply with the Americans with Disabilities Act (ADA), City construction standards, and State and Federal regulations in order to provide a clear and safe passage within the public right‐of‐ way. 5. Federal Regulatory Requirements: a. These provisions shall be interpreted and applied in order to comply with the provisions of Federal law. By way of illustration and not limitation, any small cell facility which has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of radio frequency (RF) radiation concerns. b. Small cell facilities shall be subject to the requirements of this Code to the extent that such requirements: i. Do not unreasonably discriminate among providers of functionally equivalent services; and AGENDA ITEM # 9. n) ORDINANCE NO. ________ 29 ii. Do not have the effect of prohibiting personal wireless services within the City. c. Small cell facilities installed pursuant to the preferred concealment techniques or a concealment element plan may not be expanded pursuant to an eligible facilities request. K. TEMPORARY WIRELESS COMMUNICATIONS FACILITIES STANDARDS: 1. Location: a. Temporary wireless communication facilities, or “cell‐on‐wheels” shall be located no closer than seventy‐five (75) feet from the property line of a property that is adjacent, abutting, or diagonal to a property with a residential use. b. No space or spaces needed to meet the required parking standards for a development site shall be taken by the placement of temporary wireless communication facilities. c. Temporary wireless communication facilities shall not be located in the R‐1, R‐4, R‐6, R‐8, or R‐10 zones. 2. Size: Temporary wireless communication facilities are permitted on tandem axel utility trailers with a maximum width of ten feet (10’) and length of twenty‐four feet (24’) . 3. Screening: A six‐foot (6’) high sight obscuring fence, vegetative screen, or alternative visual buffer approved by the Administrator shall be constructed AGENDA ITEM # 9. n) ORDINANCE NO. ________ 30 around the perimeter of the utility trailer and/or any other ground equipment associated with the temporary wireless communication facility. 4. Power source: a. Use of on‐site utility services is required for primary power. b. In the event of an emergency or power outage, a whisper quiet generator or other utility source may be used that emits an average noise level, measured at the property line, that does not exceed fifty‐five decibels (55 dB) Day‐ Night Level (Ldn) when measured on an "a weighted" sound level meter, according to the procedures of the Environmental Protection Agency, unless otherwise approved by the Administrator. 5. Permits: An approved Tier 2 Temporary Use Permit is required for all temporary wireless communications facilities. 6. WCF installation/repairs: A temporary use permit issued for the use of cell‐on‐wheels during the installation of a new WCF or while repairs are being done on an existing WCF shall comply with the standards contained above and with the following: a. The approval shall not exceed a length of one hundred and twenty (120) consecutive days (excluding installation and removal). b. There shall be no more than one (1) temporary use permit issued for the use of a temporary wireless communication facility per site each calendar year. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 31 c. A one‐time extension of the original temporary use permit of up to sixty (60) consecutive days (excluding installation and removal) may be approved by the Administrator upon a showing that the proposed installation or repairs are actively progressing. KL. APPLICATION SUBMITTAL REQUIREMENTS: In addition to application materials and information required pursuant to RMC 4‐8‐120C, Table 4‐8‐120C – Land Use Permit Submittal Requirements, the following materials are the minimum required to complete a review of any WCF, other than a minor alteration pursuant to subsection E1 of this Section or small cell facilities pursuant to subsection J of this Section. Additional materials and information may be required. 1. Technical Analysis: a. Site Justification Letter: This report shall justify the need or requirement for the proposed WCF location and design. An analysis of other available sites shall be included as well as determination as to why these sites were not selected. b. Justification Map: A map identifying the zoning districts, search area, alternative sites, the selected site, and all existing and approved WCFs within a one‐half (1/2) mile radius. c. Coverage Map: Map(s) identifying the proposed target coverage that illustrate the coverage prior to and after the installation. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 32 d. Noise Report: For projects proposed adjacent to residential uses when generators, air conditioning units, or other noise‐generating devices are utilized. 2. Photo Simulations: Photo simulations shall be required with each plan set. The photo simulations shall illustrate the proposed WCF from at least four (4) vantage points and show the existing view (without the proposed WCF) and proposed view (with the proposed WCF) from each vantage point. 3. Method of Attachment/Cabling: Dimensioned details shall be provided of antennas and mounting hardware used to attach the antennas to the structure. 4. Visual Mitigation: Any concealment/integration techniques proposed shall be fully explained, illustrated and detailed. LM. OBSOLESCENCE AND REMOVAL: Any wireless communications facility that is no longer needed or is not operational shall be reported immediately by the service provider to the Administrator. Discontinued facilities or facilities that are in disrepair, as determined by the Administrator, shall be decommissioned and removed by the facility owner within six (6) months of the date it ceases to be operational, and the site shall be restored to its pre‐existing condition. The Administrator may approve an extension of an additional six (6) months if good cause is demonstrated by the facility owner. MN. PERMIT LIMITATIONS: AGENDA ITEM # 9. n) ORDINANCE NO. ________ 33 1. Maintenance Required: The applicant shall maintain the WCF to standards that may be imposed by the City at the time of the granting of a permit. Such maintenance shall include, but shall not be limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the maintenance at the expense of the applicant or terminate the permit, at its sole option. 2. Notice to City of Change of Operation of Facility: The applicant shall notify the Department of all changes in operation of the facility within sixty (60) calendar days of the change. NO. MODIFICATIONS: The Administrator shall have the authority to modify the standards of this Section, subject to the provisions of RMC 4‐9‐250D, Modification Procedures. OP. APPEALS: See RMC 4‐8‐110, Appeals. SECTION III. The definition of “Wireless Communication Facilities, Terms Related to” in section 4‐11‐230 of the Renton Municipal Code is amended to add a definition of “Wireless Communication Facility, Temporary,” to read as shown below. All other terms in “Wireless Communication Facilities – Terms Related To” and definitions in 4‐11‐230 shall remain in effect and unchanged. WIRELESS COMMUNICATION FACILITIES – TERMS RELATED TO: A. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 34 B. Antenna, Amateur Radio (also called ham radio): A device that picks up or sends out radio frequency energy used for purposes of private recreation, noncommercial exchange of messages, wireless experimentation, self‐training, and emergency communication. The term “amateur” is used to specify persons interested in radio technique solely with a personal aim and without pecuniary interest, and to differentiate it from commercial broadcasting, public safety (such as police and fire), or professional two (2) way radio services (such as maritime, aviation, taxis, etc.). C. Antenna Array: A group of antennas connected and arranged in a regular structure to form a single antenna that is able to produce radiation patterns not produced by individual antennas. D. Antenna, Panel: Transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty degrees (360°). E. Antenna, Vertical Monopole Amateur Radio: A type of amateur radio device consisting of a single vertical element constructed of wire, aluminum, or fiberglass without any attached horizontal antennas. This definition does include associated guy wires attached not more than halfway up the monopole for anchoring purposes. This definition does not include amateur radio antennas with any more than a single vertical element (e.g., tower or lattice‐type amateur radio antennas). F. Base Station: A structure or equipment at a fixed location that enables FCC‐ licensed or authorized wireless communications between user equipment and a AGENDA ITEM # 9. n) ORDINANCE NO. ________ 35 communications network. The term does not encompass a tower as defined herein nor any equipment associated with a tower. Base station includes, without limitation: 1. Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. 2. Radio transceivers, antennas, coaxial or fiber‐optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems (“DAS”) and small cell networks). 3. Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction) under this Section, supports or houses equipment described in subsections F1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support. The term does not include any structure that, at the time the relevant application is filed with the City under this Section, does not support or house equipment described in subsections F1 and 2 of this definition. G. Collocation: The mounting of antennas and related equipment on an existing support structure by more than one wireless communications provider. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 36 H. Compound: The leased or owned property upon which all elements of a WCF reside, which is demarcated with security fencing. I. Eligible Facilities Request: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: 1. Collocation of new transmission equipment; 2. Removal of transmission equipment; or 3. Replacement of transmission equipment. J. Eligible Support Structure: Any tower or base station as defined in this Section; provided, that it is existing at the time the relevant application is filed with the City. K. Equipment Cabinet: A mounted case with a hinged door used to house equipment for utility or service providers. L. Equipment Shelter: A room or building used to house equipment for utility or service providers (also known as a base station). M. Equipment Structure: A facility, shelter, cabinet or vault used to house and protect electronic or other associated equipment necessary for processing wireless communications signals. “Associated equipment” may include, for example, air conditioning, backup power supplies and emergency generators. N. FAA: The Federal Aviation Administration, which maintains stringent regulations for the siting, building, marketing and lighting of cellular transmission antennas near airports or flight paths. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 37 O. FCC: The Federal Communication Commission, which regulates the licensing and practice of wireless, wireline, television, radio and other telecommunications entities. P. Microcells: A wireless communication facility consisting of an antenna that is either: 1. Four feet (4') in height and with an area of not more than five hundred eighty (580) square inches; or 2. If a tubular antenna, no more than four inches (4") in diameter and no more than six feet (6') in length. Q. Pole Extender: A pole extender is a device that extends a utility pole or similar structure, the material of such structure being wood, composite, or otherwise, to the maximum height as permitted under this Title, without requiring the entire structure to be replaced, such that a small cell wireless facility may be located at the top of said structure and meet any required clearances as dictated by the structure owner. R. Radome: A plastic housing sheltering the antenna assembly. S. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. T. Satellite Dish: A microwave dish typically used for receiving television transmissions from at least one orbiting satellite. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 38 U. Service Provider: Is defined in accordance with RCW 35.99.010(6). Service provider shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services. V. Small Cell Facility: A personal wireless services facility that meets both of the following qualifications: 1. Each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and 2. Primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecom demarcation box, ground‐based enclosures, battery backup power systems, grounding equipment, power transfer switch, and cutoff switch. W. Small Cell Network: A collection of interrelated small cell facilities designed to deliver personal wireless services. X. Support Structure: A structure used to support wireless communication antennas and related equipment, either as its primary use or as an accessory use. Support structures include, but are not limited to, towers, existing buildings, water tanks, signs, and light fixtures. AGENDA ITEM # 9. n) ORDINANCE NO. ________ 39 Y. Tower: Any structure built for the sole or primary purpose of supporting any FCC‐licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixes wireless services such as microwave backhaul and the associated site. Types of towers include, but are not limited to: 1. Guyed Tower: A freestanding or supported wireless communication support structure that is usually over one hundred feet (100') tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. 2. Lattice Tower: A self‐supporting wireless communication support structure that consists of metal crossed strips or bars to support antennas and related equipment. 3. Monopole I: A freestanding support structure less than sixty feet (60') in height, erected to support wireless communication antennas and connecting appurtenances. 4. Monopole II: A freestanding support structure sixty feet (60') or greater in height, erected to support wireless communication antennas and connecting appurtenances. 5. Stealth Tower: A freestanding support structure that is disguised as a natural or built object typically appearing in the natural or urban landscape and is primarily erected to accommodate wireless communication facilities. Examples AGENDA ITEM # 9. n) ORDINANCE NO. ________ 40 include, but are not limited to, manmade trees, freestanding signs, flagpoles, light fixtures and clock towers. Z. WCF: See Wireless Communication Facility (WCF). AA. Wireless Communication Facility (WCF): An unstaffed facility for the transmission and reception of low‐power radio signals usually consisting of an equipment shelter or cabinet(s), a support structure, antennas and related equipment, generally contained within a compound. For purposes of this Title, a WCF includes antennas, support structures and equipment shelters, whether separately or in combination. BB. Wireless Communication Facility, Camouflaged: A wireless communication facility that is typically affixed to the facade of an existing structure that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that integrates and disguises the WCF with the building by matching architectural elements, colors, materials, etc. CC. Wireless Communication Facility, Concealed: A wireless communication facility that is incorporated into an existing structure, that was not originally constructed to be a WCF support structure (e.g., an existing building), in a manner that completely hides the WCF within the existing structure or within an addition to the existing structure that is architecturally compatible. DD. Wireless Communication Facility, Temporary: A self‐contained, portable telecommunications facility that can moved to a location and set up to provide wireless services on a temporary or emergency basis. Also known as a “cell‐on‐ AGENDA ITEM # 9. n) ORDINANCE NO. ________ 41 wheels” or COW, temporary facilities are generally vehicle mounted and contain a telescoping boom as the antenna support structure. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2069:10/29/19 AGENDA ITEM # 9. n) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4‐9‐070, ADDING A DEFINITION OF CHANNEL MIGRATION ZONE IN 4‐11‐030, AND AMENDING THE DEFINITION OF “ENVIRONMENTAL REVIEW COMMITTEE (ERC)” IN SECTION 4‐11‐050, OF THE RENTON MUNICIPAL CODE, BY AMENDING STATE ENVIRONMENTAL REVIEW PROCEDURES, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Section 4‐9‐070 of the Renton Municipal Code is amended as follows: 4‐9‐070 ENVIRONMENTAL REVIEW PROCEDURES: A. PURPOSE: This chapter contains procedures that implement the requirements of the State Environmental Policy Act of 1971 (SEPA), Chapter 43.21C RCW, as amended, AGENDA ITEM # 9. o) ORDINANCE NO. ________ 2 and the SEPA rules adopted by the state of Washington, Department of Ecology, Chapter 197‐11 WAC. It is intended that this chapter establishes compliance with SEPA and the SEPA rules and that compliance with the requirements of this code shall constitute procedural and substantive compliance. The chapter provides for a citywide approach and, to the fullest extent possible, the City will utilize a systematic, interdisciplinary approach which seeks to ensure the integrated use of the natural and social sciences. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. The policies and goals set forth in this Section are supplementary to those set forth in existing authorizations of the State and City. B. AUTHORITY: The City of Renton adopts this Section under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197‐11‐904. The City of Renton possesses the authority to deny or condition actions in order to mitigate or prevent probable significant adverse environmental impacts. This authority applies to all City activities including actions as defined in this Section. C. GENERAL STATE REQUIREMENTS: The City of Renton adopts as its own the policies and objectives of the State Environmental Policy Act of 1971, as amended (chapter 43.21C RCW). The City of Renton adopts the following sections of chapter 197‐11 WAC by reference: WAC AGENDA ITEM # 9. o) ORDINANCE NO. ________ 3 197‐11‐040 Definitions. 197‐11‐050 Lead agency. 197‐11‐055 Timing of the SEPA process. 197‐11‐060 Content of environmental review. 197‐11‐070 Limitations on actions during SEPA process. 197‐11‐080 Incomplete or unavailable information. 197‐11‐090 Supporting documents. 197‐11‐100 Information required of applicants. D. SEPA RESPONSIBLE OFFICIAL: For those proposals for which the City is the lead agency, the responsible official shall be the Environmental Review Committee. 1. Committee Officials: The Environmental Review Committee shall consist of three (3) four (4) officials designated by the Mayor with concurrence by the City Council. 2. Committee Authority and Responsibility: a. The Environmental Review Committee shall make the threshold determination, supervise scoping and preparations of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those applicable sections of the SEPA rules. adopted by reference in WAC 173‐806‐020. b. The Environmental Review Committee shall supervise compliance with the threshold determination and, if an EIS is necessary, shall supervise preparation of the draft and final EIS. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 4 c. The Environmental Review Committee is authorized to develop operating procedures that will ensure responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. They may also develop further administrative and procedural guidelines for the administration by the responsible official of the provisions of this Chapter. d. The Environmental Review Committee, or its designee, shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a draft EIS and City compliance with WAC 197‐11‐550 whenever the City is a consulted agency. E. OTHER AUTHORITY: 1. Hydraulic Projects: For those proposals requiring a hydraulic project approval under RCW 75.20.100 77.55.021, the State Department of Fish and Wildlife shall be considered an agency with jurisdiction. 2. Successor Agency: If a specific agency has been named in these rules, and the functions of that agency have changed or been transferred to another agency, the term shall mean any successor agency. 3. National Environmental Policy Act (NEPA): The Environmental Review Committee is authorized to serve as the Responsible Entity for purposes of compliance with NEPA (42 USC 4321). F. LEAD AGENCY AUTHORITY: AGENDA ITEM # 9. o) ORDINANCE NO. ________ 5 The City adopts the following sections by reference:, as supplemented by WAC 173‐806‐050 and 173‐806‐053 and this part: WAC 197‐11‐900 Purpose of this part. 197‐11‐902 Agency SEPA policies. 197‐11‐916 Application to ongoing actions. 197‐11‐920 Agencies with environmental expertise. 197‐11‐922 Lead agency rules. 197‐11‐924 Determining the lead agency. 197‐11‐926 Lead agency for governmental proposals. 197‐11‐928 Lead agency for public and private proposals. 197‐11‐930 Lead agency for private projects with one agency with jurisdiction. 197‐11‐932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. 197‐11‐934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. 197‐11‐936 Lead agency for private projects requiring licenses from more than one state agency. 197‐11‐938 Lead agencies for specific proposals. 197‐11‐940 Transfer of lead agency status to a state agency. 197‐11‐942 Agreements on lead agency status. 197‐11‐944 Agreements on division of lead agency duties. 197‐11‐946 DOE resolution of lead agency disputes. 197‐11‐948 Assumption of lead agency status. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 6 1. Determination of Lead Agency: The department within the City receiving an application for or initiating a proposal that involves a nonexempt action shall determine when the City is the lead agency for that proposal under WAC 197‐11‐050 and 197‐11‐922 through 197‐11‐940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. 2. Lead Agency Agreements: The Environmental Review Committee is authorized to make agreements as to the lead agency status or shared lead agency duties for a proposal under WAC 197‐11‐942 and 197‐11‐944; provided, that the Environmental Review Committee and any department that will incur responsibilities as the result of such agreement approved the agreement. 3. Other Agency as Lead: When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the determination of nonsignificance (DNS) or the final environmental impact statement (EIS) of the lead agency in making decisions on the proposal. The Environmental Review Committee shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197‐11‐600. In some cases, the City may conduct supplemental environmental review under WAC 197‐11‐600. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 7 4. City Objections: If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197‐11‐922 through 197‐11‐940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197‐11‐946 within the fifteen (15) day time period. Any such petition on behalf of the City may be initiated by the Environmental Review Committee. G. CATEGORICAL EXEMPTIONS: The City adopts the following sections by reference, as supplemental in this part: WAC 197‐11‐300, Purpose of this part; and 197‐11‐305, Categorical exemptions. The City adopts by reference the following rules for categorical exemptions, as supplemented in this Section,: including WAC 173‐806‐070 (Flexible thresholds), 173‐806‐080 (Use of exemptions), and 173‐806‐190 (Critical areas): WAC 197‐11‐800 Categorical exemptions. 197‐11‐880 Emergencies. 197‐11‐890 Petitioning DOE to change exemptions. 1. Local Modifications: Under the authority established by WAC 197‐11‐ 800(1)(c), the City of Renton establishes the following exempt levels for minor new AGENDA ITEM # 9. o) ORDINANCE NO. ________ 8 construction based on local conditions, replacing the exempt levels of WAC 197‐ 11‐800(1)(b)(i),(ii), (iv) and (v). Whenever the City establishes new exempt levels under this Section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197‐11‐800(1)(c). a. For detached single‐family residential dwelling units in WAC 197‐11‐ 800(1)(b)(i): nine (9) or less dwelling units. b. For multifamily residential dwelling units in WAC 197‐11‐ 800(1)(b)(ii): nine (9) or less dwelling units. c. For office, commercial, or service buildings in WAC 197‐11‐ 800(1)(b)(iv): four thousand (4,000) square feet or less of gross floor area; changes of use of four thousand (4,000) square feet or less when located in an existing office, commercial, or service building of four thousand (4,000) square feet or larger. bd. For landfills and excavations in WAC 197‐11‐800(1)(b)(v): Up to five hundred (500) cubic yards or less. 2. Exemption Decision: Each department within the City that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this Section apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 9 3. Proposal Description: In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197‐11‐060). 4. Review Criteria: A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license application which triggers the department’s consideration is otherwise exempt. If the lead agency is the City, then the responsible official shall be designated as defined in subsection D of this Section. 5. Exempt and Nonexempt Actions: If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to the compliance with the procedural requirements of these guidelines except that: a. The City shall not give authorization for: i. Any nonexempt action; ii. Any action that would have an adverse environmental impact; iii. Any action that would limit the choice of alternatives; or iv. Any action that will irrevocably commit the City to approve or authorize a major action. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 10 b. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and a department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. 6. Timing: Identification of categorical exempt actions shall occur within ten (10) days of submission of an adequate and complete application. 7. Effect of Exemption: If a proposal is exempt, none of the procedural requirements of this Section apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal. H. CRITICAL AREAS/INAPPLICABLE EXEMPTIONS: 1. Critical Areas Maps: The map(s) in RMC 4‐3‐050Q.E identify critical areas. The maps in RMC 4‐3‐090 identify regulated Shorelines of the State. The specific environmentally critical areas where SEPA exemptions are not applicable are identified in subsection H.3 of this Section. 2. Critical Areas Designated: Wetlands, Protected Slopes, Very High Landslide Hazard Areas, Class 2 to 4 Streams and Lakes, Channel Migration Zones, Shorelines of the State designated as Natural Environment or Urban Conservancy, or Shorelines of the State designated Urban if also meeting the requirement of subsection H3a or H3c of this Section, and the one hundred (100) year floodway, as mapped and identified pursuant to subsection H.1 of this Section, or when AGENDA ITEM # 9. o) ORDINANCE NO. ________ 11 present according to the critical area classification criteria of RMC 4‐3‐050, are designated as environmentally critical areas pursuant to the State Environmental Policy Act, WAC 197‐11‐908. 3. Inapplicable Exemptions: a. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. Unidentified exemptions shall continue to apply within environmentally critical areas of the City. b. For each critical area, the exemptions within WAC 197‐11‐800 that are inapplicable for that area are: WAC 197‐11‐800(1), except for the construction of one new single family residence on an existing legal lot, provided the proposed development complies with RMC 4‐3‐050 and 4‐3‐090; however, . Tthis exception does exemption would not apply to projects within a channel migration zone or those projects requiring a variance or reasonable use exception from RMC 4‐3‐050 or 4‐3‐090. WAC 197‐11‐800(2)(d, e, f, g, h) WAC 197‐11‐800(6)(ad) WAC 197‐11‐800(13)(c) WAC 197‐11‐800(23)(c, e) WAC 197‐11‐800(24)(a, b, c, d, f, g) WAC 197‐11‐800(25) AGENDA ITEM # 9. o) ORDINANCE NO. ________ 12 c. Additionally, Tthe following SEPA categorical exemptions within WAC 197‐11‐800 shall not apply are inapplicable to wetlands: WAC 197‐11‐800(1), except for the construction of one new single family residence on an existing legal lot, provided the proposed development complies with RMC 4‐3‐050 and 4‐3‐090. This exemption would not apply to projects requiring a variance or reasonable use exception from RMC 4‐3‐050 or 4‐3‐090. WAC 197‐11‐800(2), except for the repair, remodeling, or maintenance of an existing single family residence, provided the proposed development complies with RMC 4‐3‐050 and 4‐3‐090. This exemption would not apply to projects requiring a variance or reasonable use exception from RMC 4‐3‐050 or 4‐3‐090. WAC 197‐11‐800(3), except for the repair, remodeling, or maintenance of an existing single family residence, provided the proposed development complies with RMC 4‐3‐050 and 4‐3‐090. This exception would not apply to projects within a channel migration zone or those projects requiring a variance or reasonable use exception from RMC 4‐ 3‐050 or 4‐3‐090. WAC 197‐11‐800(4) WAC 197‐11‐800(6) WAC 197‐11‐800(8) WAC 197‐11‐800(25) AGENDA ITEM # 9. o) ORDINANCE NO. ________ 13 4. Proposals Located within Critical Areas: The City shall treat proposals located wholly or partially within a critical area no differently than other proposals under this Section, making a threshold determination for all such proposals. The City shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area. I. ENVIRONMENTAL CHECKLIST: 1. When Required: A completed environmental checklist (or a copy), in the form provided in WAC 197‐11‐960, along with the appropriate environmental fees, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this Section; except, a checklist is not needed if the Environmental Review Committee and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. 2. Lead Agency and Threshold Determination: The department within the City receiving the application or initiating the action shall use the environmental checklist to determine the lead agency. If the City is the lead agency, the Environmental Review Committee shall use the environmental checklist for making the threshold determination. 3. Checklist Preparation: a. For private proposals the department within the City receiving the application will require the applicant to complete the environmental checklist, providing assistance as necessary. The Environmental Review Committee may AGENDA ITEM # 9. o) ORDINANCE NO. ________ 14 require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs: i. The City has technical information on a question or questions that is unavailable to the private applicant; or ii. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. b. For City proposals the department initiating the proposal shall complete the environmental checklist for that proposal. 4. Additional Information: The Environmental Review Committee may require specific detailed information at any time. J. THRESHOLD DETERMINATION PROCESS: This part contains rules for evaluating the impacts of the proposals not requiring an environmental impact statement (EIS). The City adopts the following sections by reference, as supplemental in this part: WAC 197‐11‐310 Threshold determination required. 197‐11‐315 Environmental checklist. 197‐11‐330 Threshold determination process. 197‐11‐335 Additional information. 197‐11‐340 Determination of nonsignificance (DNS). 197‐11‐350 Mitigated DNS. 197‐11‐355 Optional DNS process. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 15 197‐11‐360 Determination of significance (DS)/initiation of scoping. 197‐11‐390 Effect of threshold determination. 1. Identification of Impacts: As much as possible, the Environmental Review Committee should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. 2. Time Limits: The following time limits (expressed in calendar days) shall apply to the processing of all private projects and to those governmental proposals submitted to this City by other agencies: a. Threshold determinations not requiring further information from the applicant or consultation with agencies with jurisdiction should be completed within fifteen (15) days of submission of an adequate application and the completed checklist. b. Threshold determinations requiring further information from the applicant or consultation with other agencies with jurisdiction should be completed within twenty (20) days of receiving the requested information from the applicant or the consulted agency; requests by the City for such further information should be made within twenty (20) days of the submission of an adequate application and completed checklist; when a request for further information is submitted to a consulted agency, the City shall wait a maximum of thirty (30) days for the consulted agency to respond. Threshold determinations which require that further studies including, but not limited to, field investigations AGENDA ITEM # 9. o) ORDINANCE NO. ________ 16 be initiated by the City should be completed within thirty (30) days of submission of an adequate application and the completed checklist. c. Threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, shall be completed within twenty (20) days of submission of an adequate application and the completed checklist. d. When a threshold determination is expected to require more than twenty (20) days to complete and a private applicant requests notification of the date when a threshold determination will be made, the Environmental Review Committee or its agent shall transmit to the private applicant a written statement as to the expected date of decision. 3. Mitigated DNS Authorized: As provided in this Section and in WAC 197‐ 11‐350, the Environmental Review Committee may issue a DNS based on changes to, or clarification of, the proposal made by the applicant. 4. Changed Proposal: When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the Environmental Review Committee shall base its threshold determination on the changed or clarified proposal and should make the determination within twenty (20) days of receiving the changed or clarified proposal. 5. DNS Authorized Following Early Notice: If the Environmental Review Committee indicated specific mitigation measures in its response to the a request AGENDA ITEM # 9. o) ORDINANCE NO. ________ 17 for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the Environmental Review Committee shall issue and circulate a DNS under WAC 197‐11‐340(2). 6. DNS or DS Authorized: If the Environmental Review Committee indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the Environmental Review Committee shall make the threshold determination, issuing a DNS or DS as appropriate. 67. Mitigation Measures: a. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific, feasible and enforceable. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct two hundred foot (200') stormwater retention pond at Y location” are adequate. ba. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. cb. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 18 78. DNS Public Comment and Notice Period: A mitigated DNS (MDNS) is issued under WAC 197‐11‐340(2), requiring a fifteen (15) day comment period and public notice. 89. Staff Recommendation for Certain Proposals: For nonexempt proposals, the DNS for the proposal shall accompany the City’s staff recommendation to the Hearing Examiner or other appropriate advisory body, such as the Planning Commission. 910. Effect of MDNS: The Environmental Review Committee’s written response under this Section (DNS) shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the Environmental Review Committee to consider the clarification or changes in its threshold determination. 110. Request for Early Notice: An applicant may request in writing early notice of whether a DS is likely under WAC 197‐11‐350. a. The request must follow submission of an environmental checklist for a nonexempt proposal for which the City is lead agency and precede the City’s actual threshold determination for proposal. b. The Environmental Review Committee should respond to the request for early notice within fifteen (15) working days. The response shall: i. Be written; AGENDA ITEM # 9. o) ORDINANCE NO. ________ 19 ii. State whether the Environmental Review Committee currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the Environmental Review Committee to consider a DS; and iii. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. K. ENVIRONMENTAL IMPACT STATEMENTS (EIS): 1. Purpose: This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared and contains the rules for preparing environmental impact statements. The City adopts the following sections by reference, as supplemented by this part: WAC 197‐11‐400 Purpose of EIS. 197‐11‐402 General requirements. 197‐11‐405 EIS types. 197‐11‐406 EIS timing. 197‐11‐408 Scoping. 197‐11‐410 Expanded scoping (Optional). 197‐11‐420 EIS preparation. 197‐11‐425 Style and size. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 20 197‐11‐430 Format. 197‐11‐440 EIS contents. 197‐11‐442 Contents of EIS on nonproject proposal. 197‐11‐443 EIS contents when prior nonproject EIS. 197‐11‐444 Elements of the environment. 197‐11‐448 Relationship of EIS to other considerations. 197‐11‐450 Cost‐benefit analysis. 197‐11‐455 Issuance of DEIS. 197‐11‐460 Issuance of FEIS. 2. Review of draft and final EIS (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the Environmental Review Committee. Before the City issues an EIS, the Environmental Review Committee shall be satisfied that it complies with this Section and chapter 197‐11 WAC. 3. Preparation of Environmental Impact Statement: The DEIS and FEIS or draft and final SEIS shall be prepared by the City staff, the applicant, or by a consultant selected by the City through its consultant selection process. If the Environmental Review Committee requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the Environmental Review Committee shall notify the applicant immediately after completion of the threshold determination. The Environmental Review Committee shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 21 4. Information Required: The City may require an applicant to provide information the City does not possess, including, but not limited to, specific investigations. However, the applicant is not required to supply information that is not required under this Section or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.) 5. Staff Recommendation: For nonexempt proposals, the final EIS for the proposal shall accompany the City’s staff recommendation to the Hearing Examiner or other appropriate advisory body, such as the Planning Commission. 6. Information Shall Be Provided: The Environmental Review Committee may refuse to process and consider a private application further if the applicant fails or refuses to provide information required for the preparation of an adequate EIS. 7. Additional Elements: The Environmental Review Committee may require the following additional elements as part of the environment for the purpose of EIS content, but these elements do not add to the criteria for threshold determination or perform any other function or purpose under this Section. a. Economics, including the effects on both the public and private sector, b. Cultural factors, c. Quality of life, d. Neighborhood cohesion, AGENDA ITEM # 9. o) ORDINANCE NO. ________ 22 e. Sociological factors, and f. Image of the City. L. RECONSIDERATIONS: (Reserved) M. SEPA SUBSTANTIVE AUTHORITY: This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. The City adopts the following sections by reference: WAC 197‐11‐650 Purpose of this part. 197‐11‐655 Implementation. 197‐11‐660 Substantive authority and mitigation. 197‐11‐680 Appeals. 1. Supplemental Policies and Goals: The policies and goals set forth in this Section are supplementary to those in the existing authorization of the City of Renton. 2. Substantive Authority: The City designates and adopts by reference the following policies as the basis for the City exercise of authority pursuant to this Section: a. The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the State and its citizens may: AGENDA ITEM # 9. o) ORDINANCE NO. ________ 23 i. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; ii. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; iii. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; iv. Preserve important historic, cultural, and natural aspects of our national heritage; v. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; vi. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and vii. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. b. The City adopts, by reference, the policies in the following City codes, ordinances, resolutions and plans as they currently appear and as hereafter amended: Cedar River Master Plan (1976) Comprehensive Solid Waste Management Plan (1983) Green River Valley Plan (1984) Fire Department Master Plan (1987) AGENDA ITEM # 9. o) ORDINANCE NO. ________ 24 Airport Master Plan King County Stormwater Management Manual (1990) Comprehensive Water System Plan Comprehensive Park, Recreation and Open Space Plan Long Range Wastewater Management Plan King County Comprehensive Housing Affordability Strategy (CHAS) Shoreline Master Program King County Solid Waste Management Plan Countywide Planning Policies Six‐Year Transportation Improvement Plan Street Arterial Plan Traffic Mitigation Resolution and Fee (1994) Parks Mitigation Resolution and Fee (1994) Fire Mitigation Resolution and Fee (1994) Comprehensive Plan 3. Attaching Conditions: The City may attach conditions to a permit or approval for a proposal so long as: a. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this Section; and b. Such conditions are in writing; and AGENDA ITEM # 9. o) ORDINANCE NO. ________ 25 c. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and d. The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and e. Such conditions are based on one or more policies in subsection M.2 of this Section and cited in the license or other decision document. 4. Denial Authorized: The City may deny a permit or approval for a proposal on the basis of SEPA so long as: a. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this Section; and b. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and c. The denial is based on one or more policies identified in subsection M.2 of this Section and identified in writing in the decision document. 5. Environmental Review Committee Recommendations: Where a FEIS or DNS has been prepared, the Environmental Review Committee may recommend to the decision maker those reasonable conditions necessary to mitigate or avoid the adverse impacts of the proposal. Said recommendation shall be adopted as a AGENDA ITEM # 9. o) ORDINANCE NO. ________ 26 condition of approval, unless the decision maker identifies in writing a substantial error in fact or conclusion by the Environmental Review Committee. 6. Action of Decision Maker: Based upon such finding, the decision maker may revise the recommended conditions or may remand the proposal to the Environmental Review Committee for reconsideration. Nothing in this provision shall be deemed to limit the authority of the decision maker to impose conditions under SEPA beyond those recommended by Environmental Review Committee or to condition or deny a proposal based upon other statutory authority. N. USING EXISTING ENVIRONMENTAL DOCUMENTS: This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the City’s own environmental compliance. The City adopts the following sections by reference: WAC 197‐11‐600 When to use existing environmental documents. 197‐11‐610 Use of NEPA documents. 197‐11‐620 Supplemental environmental impact statement – Procedures. 197‐11‐625 Addenda – Procedures. 197‐11‐630 Adoption – Procedures. 197‐11‐635 Incorporation by reference – Procedures. 197‐11‐640 Combining documents. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 27 O. PUBLIC NOTICE AND COMMENTING: This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following sections by reference, as supplemented in this part: WAC 197‐11‐500 Purpose of this part. 197‐11‐502 Inviting comment. 197‐11‐504 Availability and cost of environmental documents. 197‐11‐508 SEPA register. 197‐11‐535 Public hearings and meetings. 197‐11‐545 Effect of no comment. 197‐11‐550 Specificity of comments. 197‐11‐560 FEIS response to comments. 197‐11‐570 Consulted agency costs to assist lead agency. 1. Threshold Determinations: Whenever the Environmental Review Committee of the City of Renton issues a DNS under WAC 197‐11‐340(2) or a DS under WAC 197‐11‐360(3) the Environmental Review Committee shall give public notice as follows: a. If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by: AGENDA ITEM # 9. o) ORDINANCE NO. ________ 28 i. Posting on the property for site‐specific proposals, or posting on the City’s webpage for non‐site‐specific proposals; and ii. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located. b. Whenever the Environmental Review Committee issues a DS under WAC 197‐11‐360(3), the Environmental Review Committee shall state the scoping procedure for the proposal in the DS as required in WAC 197‐11‐408 and in the public notice. 2. Optional DNS Process: The Environmental Review Committee utilizes a single integrated comment period under WAC 197‐11‐355 to obtain comments on a notice of application and the likely threshold determination for the proposal if the Environmental Review Committee has a reasonable basis for determining that significant environmental impacts are unlikely. Notice shall follow procedures in accordance with RMC 4‐8‐090 Public Notice Requirements for the optional DNS process. 23. Public Notice: Whenever the Environmental Review Committee issues a DEIS under WAC 197‐11‐455(5) or a SEIS under WAC 197‐11‐620, notice of the availability of those documents shall be given by: a. Posting on the property for site‐specific proposals, or posting on the City’s webpage for non‐site‐specific proposals; and b. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 29 34. Consolidation of Public Notice: Whenever possible, the Environmental Review Committee shall integrate the public notice required under this Section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal. 45. Responsibility of Cost: The Environmental Review Committee may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. 56. Notice: The City, applicant for, or proponent of any action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be substantially in the form provided in WAC 197‐11‐990. The notice shall be published by the City Clerk or County Auditor, applicant or proponent pursuant to RCW 43.21C.080. An applicant’s request for publication shall include payment of the costs associated with such notice. 67. Record Retention: The City shall retain all documents required by the SEPA rules (chapter 197‐11 WAC) and make them available in accordance with chapter 42.5617 RCW. P. DEFINITIONS AND INTERPRETATION OF TERMS: This part contains uniform usage and definitions of terms under SEPA. The City adopts the following sections by reference:, as supplemented by WAC 173‐806‐ 040. WAC 197‐11‐700 Definitions. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 30 197‐11‐702 Act. 197‐11‐704 Action. 197‐11‐706 Addendum. 197‐11‐708 Adoption. 197‐11‐710 Affected tribe. 197‐11‐712 Affecting. 197‐11‐714 Agency. 197‐11‐716 Applicant. 197‐11‐718 Built environment. 197‐11‐720 Categorical exemption. 197‐11‐721 Closed record appeal. 197‐11‐722 Consolidated appeal. 197‐11‐724 Consulted agency. 197‐11‐726 Cost‐benefit analysis. 197‐11‐728 County/city. 197‐11‐730 Decision maker. 197‐11‐732 Department. 197‐11‐734 Determination of nonsignificance (DNS). 197‐11‐736 Determination of significance (DS). 197‐11‐738 EIS. 197‐11‐740 Environment. 197‐11‐742 Environmental checklist. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 31 197‐11‐744 Environmental document. 197‐11‐746 Environmental review. 197‐11‐750 Expanded scoping. 197‐11‐752 Impacts. 197‐11‐754 Incorporation by reference. 197‐11‐756 Lands covered by water. 197‐11‐758 Lead agency. 197‐11‐760 License. 197‐11‐762 Local agency. 197‐11‐764 Major action. 197‐11‐766 Mitigated DNS. 197‐11‐768 Mitigation. 197‐11‐770 Natural environment. 197‐11‐772 NEPA. 197‐11‐774 Nonproject. 197‐11‐775 Open record hearing. 197‐11‐776 Phased review. 197‐11‐778 Preparation. 197‐11‐780 Private project. 197‐11‐782 Probable. 197‐11‐784 Proposal. 197‐11‐786 Reasonable alternative. AGENDA ITEM # 9. o) ORDINANCE NO. ________ 32 197‐11‐788 Responsible official. 197‐11‐790 SEPA. 197‐11‐792 Scope. 197‐11‐793 Scoping. 197‐11‐794 Significant. 197‐11‐796 State agency. 197‐11‐797 Threshold determination. 197‐11‐799 Underlying governmental action. 1. Interpretation: a. Unless the context clearly requires otherwise: i. Use of the singular shall include the plural and conversely. ii. “Preparation” of environmental documents refers to preparing or supervising the preparation of documents, including issuing, filing, printing, circulating, and related requirements. iii. “Impact” refers to environmental impact. iv. “Permit” means “license” (WAC 197‐11‐760). v. “Commenting” includes but is not synonymous with “consultation.” vi. “Environmental cost” refers to adverse environmental impact and may or may not be quantified. vii. “EIS” refers to draft, final, and supplemental EISs (WAC 197‐11‐ 405 and 197‐11‐738). AGENDA ITEM # 9. o) ORDINANCE NO. ________ 33 viii. “Under” includes pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction. ix. “Shall” is mandatory. x. “May” is optional and permissive and does not impose a requirement. xi. “Include” means “include but not limited to.” b. The following terms are synonymous: i. Effect and impact (WAC 197‐11‐752). ii. Environment and environmental quality (WAC 197‐11‐740). iii. Major and significant (WAC 197‐11‐764 and 197‐11‐794). iv. Proposal and proposed action (WAC 197‐11‐784). v. Probable and likely (WAC 197‐11‐782). c. In addition to those definitions contained within WAC 197‐11‐700 through 197‐11‐799, when used in this Section, the following terms shall have the following meanings, unless the context indicates otherwise: DEPARTMENT: Any division, subdivision or organizational unit of the City established by ordinance, rule, or order. DNS: Determination of nonsignificance. DS: Determination of significance. EARLY NOTICE: The City’s response to an applicant stating whether it considers issuance of a determination of significance likely for the AGENDA ITEM # 9. o) ORDINANCE NO. ________ 34 applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures). EIS: Environmental impact statement. ERC: The Environmental Review Committee of the City of Renton. ORDINANCE: The ordinance, resolution, or other procedure used by the City to adopt regulatory requirements. SEPA RULES: Chapter 197‐11 WAC adopted by the Department of Ecology. Q. FORMS ADOPTED BY REFERENCE: The City adopts the following forms and sections by reference: WAC 197‐11‐960 Environmental checklist. 197‐11‐965 Adoption notice. 197‐11‐970 Determination of nonsignificance (DNS). 197‐11‐980 Determination of significance (DS). 197‐11‐985 Notice of assumption of lead agency status. 197‐11‐990 Notice of action. R. APPEALS: 1. Except for permits and variances issued pursuant to RMC 4‐3‐090, Shoreline Master Program Regulations, when any proposal or action is conditioned or denied on the basis of SEPA substantive authority by a nonelected official other than the Hearing Examiner, the decision shall be appealable to the Hearing Examiner under the provisions of RMC 4‐8‐110, Appeals. When such a AGENDA ITEM # 9. o) ORDINANCE NO. ________ 35 proposal or action is conditioned or denied on the basis of SEPA substantive authority by an elected official or by the Hearing Examiner, there shall be no administrative appeal. 2. Except for permits and variances issued pursuant to RMC 4‐3‐090, Shoreline Master Program Regulations, when any proposal or action is challenged as to a SEPA procedural determination, there shall be no administrative appeal. S. EXPIRATION: (Reserved) T. MODIFICATIONS OF APPROVED PLANS: (Reserved) SECTION III. Section 4‐11‐030 of the Renton Municipal Code is amended to add a definition of "Channel Migration Zone," in alphabetical order, to read as shown below. All remaining definitions in 4‐11‐030 remain in effect and unchanged. CHANNEL MIGRATION ZONE: The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. SECTION IV. The definition of “Environmental Review Committee (ERC)” in section 4‐ 11‐050 is amended as shown below. All other definitions in 4‐11‐050 remain in effect and unchanged. ENVIRONMENTAL REVIEW COMMITTEE (ERC): The Environmental Review Committee as defined by RMC 4‐9‐070G.D, is the SEPA Responsible Official Authority. The ERC shall consist of three (3) officials designated by the Mayor with concurrence by the City Council. For all proposals for which the City is the lead AGENDA ITEM # 9. o) ORDINANCE NO. ________ 36 agency, the ERC shall make the threshold determination and perform any other functions assigned to the “lead agency” or “responsible official” by the SEPA rules that were adopted by reference in WAC 173‐806‐020. SECTION IV. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2072:10/24/19 AGENDA ITEM # 9. o) 1WOFRENTON,WASHINGTONORDINANCENO._______ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGSUBSECTION4-3-100.B.1.b.ivANDTHEBUILDINGLOCATIONANDORIENTATIONTABLEINSUBSECTION4-3-100.E.1OFTHERENTONMUNICIPALCODE,AMENDINGDESIGNDISTRICTREGULATIONS,PROVIDINGFORSEVERABILITY,ANDESTABLISHINGANEFFECTIVEDATE.WHEREAS,thismatterwasdulyreferredtothePlanningCommissionforinvestigationandstudy,andthematterwasconsideredbythePlanningCommission;andWHEREAS,pursuanttoRCW36.70A.106,onMay10,2019,theCitynotifiedtheStateofWashingtonofitsintenttoadoptamendmentstoitsdevelopmentregulations;andWHEREAS,thePlanningCommissionheldapublicheatingonJune19,2019,consideredallrelevantmatters,andheardallpartiesinsupportoropposition,andsubsequentlyforwardedarecommendationtotheCityCouncil;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOORDAINASFOLLOWS:SECTIONI.AllportionsoftheRentonMunicipalCodeinthisordinancenotshowninstrikethroughandunderlineeditsremainineffectandunchanged.SECTIONII.Subsection4-3-100.B.1.b.ivoftheRentonMunicipalCodeisamendedasshownbelow.Allotherprovisionsin4-3-100.Bremainineffectandunchanged.B.APPLICABILITYANDCONFLICTS:1.Applicability:a.ThefollowingdevelopmentactivitiesshallberequiredtocomplywiththeprovisionsofthisSection:1AGENDA ITEM # 9. p) ORDINANCENO.i.Allsubdivisionsincludingshortplats;ii.Allnewstructures;iii.Conversionofvacantland(e.g.,toparkingorstoragelots);iv.Conversionofaresidentialusetoanonresidentialuse;v.Alterations,enlargements,and/orrestorationsofnonconformingstructurespursuanttoRMC4-10-050,NonconformingStructures.vi.Exteriormodificationssuchasfacadechanges,windows,awnings,signage,etc.,shallcomplywiththedesignrequirementsforthenewportionofthestructure,sign,orsiteimprovement.b.AnyoftheactivitieslistedinsubsectionBlaofthisSectionandoccurringinthefollowingoverlayareasorzonesshallberequiredtocomplywiththeprovisionsofthisSection:i.District‘A’:AllareaszonedCenterDowntown(CD).ii.District‘B’:AllareaszonedResidentialMulti-Family(RMF).iii.District‘C’:AllareaszonedUrbanCenter(UC)orCommercialOfficeResidential(COR).iv.District‘D’:AllareaszonedCenterVillage(CV)Ler-CommercialArterial(CA),CommercialNeighborhood(CN),andmixedusebuildingswithattacheddwellingunitsinorthe-CommercialOffice(CO)Zone,exceptforthosepropertiesincludedintheAutomallDistrictandusedforsmallvehiclesalesorasecondaryuseidentifiedinRMC4-3-040.C.1,UsesPermittedintheRentonAutomallDistrict.2AGENDA ITEM # 9. p) ORDINANCENO.2.Conflicts:WherethereareconflictsbetweenthedesignrequirementsinsubsectionEofthisSectionandothersectionsoftheRentonMunicipalCode,theregulationsofthisSectionshallprevail.SECTIONIII.TheBuildingLocationandOrientationtableinsubsection4-3-100.E.1oftheRentonMunicipalCodeisamendedasshownbelow.Allotherprovisionsin4-3-100.Eremainineffectandunchanged.BUILDINGLOCATIONANDORIENTATIONIntent:Toensurevisibilityofbusinessesandtoestablishactive,livelyusesalongsidewalksandpedestrianpathways.Toorganizebuildingsforpedestrianuseandsothatnaturallightisavailabletootherstructuresandopenspace.Toensureanappropriatetransitionbetweenbuildings,parkingareas,andotherlanduses;andincreaseprivacyforresidentialuses.Guidelines:Developmentsshallenhancethemutualrelationshipofbuildingswitheachother,aswellaswiththeroads,openspace,andpedestrianamenitieswhileworkingtocreateapedestrianorientedenvironment.Lotsshallbeconfiguredtoencouragevarietyandsothatnaturallightisavailabletobuildingsandopenspace.Theprivacyofindividualsinresidentialusesshallbeprovidedfor.Standards:Allofthefollowingarerequired:1.Theavailabilityofnaturallight(bothdirectandreflected)anddirectsunexposuretonearbybuildingsandopenspace(exceptparkingareas)shallbeconsideredDistrictswhensitingstructures.A,B,2.Buildingsshallbeorientedtothestreetwithcleatconnectionstothesidewalk.andD3.Thefrontentryofabuildingshallbeorientedtothestreetoralandscapedpedestrian-onlycourtyard.4.Buildingswithresidentialuseslocatedatthestreetlevelshallbe:3AGENDA ITEM # 9. p) ORDINANCENO.a.Setbackfromthesidewalkaminimumoftenfeet(10’)andfeaturesubstantiallandscapingbetweenthesidewalkandthebuilding(illustrationbelow);orb.Havethegroundfloorresidentialusesraisedabovestreetlevelforresidents’privacy.5.Officebuildingsshallhavepedestrian-orientedfacades.InlimitedcircumstancestheAdministratormayallowfacadesthatdonotfeatureapedestrianorientation;ifso,substantiallandscapingbetweenthesidewalkandbuildingshallbeprovided.Suchlandscapingshallbeatleastthirtyfeet(30’)inwidthasmeasuredfromthesidewalk.Allofthefollowingarerequired:1.Theavailabilityofnaturallight(bothdirectandreflected)anddirectsunexposuretonearbybuildingsandopenspace(exceptparkingareas)shallbeconsideredwhensitingstructures.DistrictC2.Commercialmixed-usebuildingsshallcontainpedestrian-orienteduses,feature“pedestrian-orientedfacades,”andhaveclearconnectionstothesidewalk(illustrationbelow).4AGENDA ITEM # 9. p) ORDINANCENO.Pedestrian-orientedfacadePropertylinePedestrian-orientedfacades:Primarybuildingentrymustbefacingthestreettransparentwindowareaorwindowdisplayalong75%ofthegroundfloorbetweentheheightof2to8feetabovethegroundweatherprotectionatleast414feetwidealongatleast75%ofthefacadeOfficebuildingsshallhavepedestrian-orientedfacades.InlimitedcircumstancestheAdministratorDcpartmcntmayallowfacadesthatdonotfeatureapedestrianorientation;ifso,substantiallandscapingbetweenthesidewalkandbuildingshallbeprovided.Suchlandscapingshallbeatleastthirtytenfeet(O-3O’)inwidthasmeasuredfromthesidewalk(illustrationbelow).5AGENDA ITEM # 9. p) ORDINANCENO._______RaisedplanterResidentialandmixed-usebuildingscontainingstreet-levelresidentialusesandsingle-purposeresidentialbuildingsshallbe:a.Setbackfromthesidewalkaminimumoftenfeet(10’)andfeaturesubstantiallandscapingbetweenthesidewalkandthebuilding(illustrationbelow);orb.Havethegroundfloorresidentialusesraisedabovestreetlevelforresidents’privacy.Combination&evergreenandBuildingdeciduousshrubsandtrees-6AGENDA ITEM # 9. p) ORDINANCENO.SECTIONIV.Ifanysection,subsection,sentence,clause,phraseorworkofthisordinanceshouldbeheldtobeinvalidorunconstitutionalbyacourtorcompetentjurisdiction,suchinvalidityorunconstitutionalitythereofshallnotaffecttheconstitutionalityofanyothersection,subsection,sentence,clause,phraseorwordofthisordinance.SECTIONV.Thisordinanceshallbeinfullforceandeffectfive(5)daysafterpublicationofasummaryofthisordinanceintheCity’sofficialnewspaper.Thesummaryshallconsistofthisordinance’stitle.RaisedplantersprovideprivacyfbrresidentswhilemaintainingviewsofthestreetfromunitsTrees7AGENDA ITEM # 9. p) ORDINANCENO.PASSEDBYTHECITYCOUNCILthis_______dayof____________________,2019.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis_______dayof__________________.2019.DenisLaw,MayorApprovedastoform:ShaneMoloney,CityAttorneyDateofPublication:_______________ORD:2071:8/16/198AGENDA ITEM # 9. p) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4‐1‐045.F.2, 4‐7‐070.M, 4‐7‐080.K, 4‐7‐080.L, 4‐7‐110.C, 4‐9‐ 200.B.1, AND 4‐9‐200.E.3.i; AND THE DEFINITION OF "SUBDIVISION, PHASED" IN SECTION 4‐11‐190, OF THE RENTON MUNICIPAL CODE, AMENDING REGULATIONS RELATED TO PHASING AND DURATION OF PLATS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4‐1‐045.F.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐1‐045.F remain in effect and unchanged. F. DURATION OF APPROVALS: 1. Building Permits: Development of a building shall be based on the controls contained in the approved permit application. Vesting rights applicable to building permit applications would expire pursuant to permit expiration periods AGENDA ITEM # 9. q) ORDINANCE NO. ________ 2 identified in the International Building Code (IBC) and adopted by reference herein in RMC 4‐5‐050, as it exists or may be amended. 2. Preliminary Plat: Development of an approved preliminary plat shall be based on the controls contained in the Hearing Examiner’s decision. A final plat meeting all of the requirements of the preliminary plat approval shall be submitted within the time frame specified in RMC 4‐7‐080.L five (5) years of the effective date of the Hearing Examiner’s decision, unless a different time limitation was specifically authorized in the final approval. 3. Final Plat: The lots in a final plat may be developed by the terms of approval of the final plat, and the development regulations in effect at the time the preliminary plat application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 4. Conditional Use Permit: The use authorized in a conditional use permit shall be allowed to develop for a period of two (2) years from the effective date of the permit approval unless a different time limitation was specifically authorized in the final approval. The development of an approved conditional use permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 5. Permits Associated with a Preliminary Plat: Permit applications, such as Planned Urban Developments (PUD) applications that are approved as a AGENDA ITEM # 9. q) ORDINANCE NO. ________ 3 companion to a preliminary plat application shall remain valid for the duration of the preliminary and final plat as provided in subsections F2 and 3 of this Section, as they exist or may be amended. 6. Short Plat: The lots in a short plat may be developed by the terms and conditions of approval, and the development regulations in effect at the time the application was deemed complete for a period of five (5) years from the recording date unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 7. Shoreline Development Permits: An approved Shoreline Permit shall be allowed to develop pursuant to the time limitations listed in RMC 4‐9‐190J (Time Requirements For Shoreline Permits), as it exists or may be amended. The development of an approved shoreline permit shall be governed by the terms of approval of the permit unless the City finds that a change in conditions creates a serious threat to the public health, safety or welfare. 8. All approvals described in this Section shall be vested for the specific use, density, and physical development identified in the permit approval. SECTION III. Subsection 4‐7‐070.M of the Renton Municipal Code is amended as follows: M. EXPIRATION PERIOD: If the short plat is not recorded with the King County Recorder’s Office within five (5) years of the date of approval, the short plat shall be null and void. One single year extension may be granted to an applicant who files a written request AGENDA ITEM # 9. q) ORDINANCE NO. ________ 4 with the Administrator at least thirty (30) days before the expiration of the five (5) year period, provided the applicant demonstrates that he/she has attempted in good faith to record the short plat within the five (5) year period. The City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140(4). 1. Expiration: A preliminary short plat approval shall lapse unless recorded with the King County Recorder’s Office within seven (7) years of the date of preliminary short plat approval if the date of preliminary short plat approval is on or before December 31, 2014, and within five (5) years of the date of preliminary short plat approval if the date of preliminary short plat approval is on or after January 1, 2015. 2. Extension: One (1) single year extension may be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of preliminary short plat approval, provided the Administrator finds that the applicant has obtained issuance of a construction permit and has made sustained progress towards final construction, engineering, and surveying necessary to record a final plat. 3. Authority to Add or Alter Conditions: The City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140 SECTION IV. Subsections 4‐7‐080.K and 4‐7‐080.L of the Renton Municipal Code are amended as shown below. All other provisions in 4‐7‐080 remain in effect and unchanged. AGENDA ITEM # 9. q) ORDINANCE NO. ________ 5 K. (Deleted by Ord. 5519, 12‐14‐2009) Phased Subdivision: The applicant my request a phased subdivision with the preliminary plat application provided the following is met: 1. The preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in increments; 2. The phasing plan shall include all land contained within the preliminary plat, including areas where off‐site improvements are being made; 3. The sequence and timing of development is identified on a phasing map; 4. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for compliance with any section of this Title; 5. Each phase provides adequate circulation and utilities; 6. The preliminary plat approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase; and 7. All phases shall be recorded within the original life of the preliminary plat, unless an extension is granted pursuant to RMC 4‐7‐080.L. L. EXPIRATION PERIOD: 1. Expiration and Extension: A Ppreliminary plat approval shall lapse unless a final plat based on the preliminary plat, or any phase thereof, is recorded AGENDA ITEM # 9. q) ORDINANCE NO. ________ 6 with the King County Recorder within seven (7) years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five (5) years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. five (5) years from the date of preliminary plat approval. 2. Extension: One (1) single year extension may be granted to an applicant who files a written request with the Administrator at least thirty (30) days before the expiration of the original life of the preliminary plat of this five (5) year period, provided the applicant Administrator finds that the applicant has obtained issuance of a construction permit and has made sustained progress towards final construction, engineering, and surveying necessary to record a final plat. demonstrates that he/she has attempted in good faith to record the final plat within the five (5) year period. 32. Additional Extension: One additional one‐year time extension beyond theis Administrator's one‐year extension time period may be granted by the Hearing Examiner if the applicant can shows need caused by unusual circumstances or situations that occurred during the prior extension period, which make it unduly burdensome to file the final plat within the five (5) year time period. The applicant must file a written request with the Hearing Examiner and the Administrator for this additional time extension; this request must be filed at least thirty (30) days prior to the plat expiration date. The request must include documentation as to the need for the additional extension time period. AGENDA ITEM # 9. q) ORDINANCE NO. ________ 7 3. Extension Time Increments: Additional time extensions shall be granted in not greater than one‐year increments. 4. Phased Subdivision: In the case of a phased subdivision, final plat approval by the Administrator of any phase of the preliminary plat will constitute an automatic one‐year extension for the filing of the next phase of the subdivision. 45. Authority to Add or Alter Conditions: The City reserves the authority to add or alter conditions and requirements when considering extension requests for approval pursuant to RCW 58.17.140(4). SECTION V. Subsection 4‐7‐110.C of the Renton Municipal Code is amended as shown below. All other provisions in 4‐7‐110 remain in effect and unchanged. 4‐7‐110 FINAL PLAT PROCEDURES: A. APPLICATION: 1. Submittal to Department: Application for final plat shall be filed with the Department on forms prescribed by the Department. 2. Conformance with Preliminary Plat: The final plat shall conform with only minor modifications to the preliminary plat. The lot configuration and number of lots must remain unchanged from the approved preliminary plat. Minor modifications are allowed in lot line locations and dimensions of the new parcels provided all parcels are in conformance with the lot development standards of the Zoning Code. 3. Submittal Requirements: Shall be as stipulated in RMC 4‐8‐120. The final plat shall be prepared by a registered land surveyor in accordance with the AGENDA ITEM # 9. q) ORDINANCE NO. ________ 8 requirements of the Renton surveying standards. Shall contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on site. Shall include dimensions to the nearest one‐hundredth (1/100) of a foot and angles and bearings in degrees, minutes, and seconds. 4. Fees: Application fees are required as outlined in the City of Renton Fee Schedule. B. REFERRAL TO OTHER DEPARTMENTS AND AGENCIES: The Department shall distribute the final plat to all other departments, utility agencies and other governmental agencies as warranted. C. ADMINISTRATOR APPROVAL: Within thirty (30) days following the date the complete final plat application has been officially accepted by the Department, the Administrator shall approve, deny or return the final plat to the applicant for modification or correction. For a phased subdivision, final plat approval is required for each separate phase of the preliminary plat, as identified in the preliminary plat approval and consistent with RMC 4‐7‐080.K. D. SETTING OF MONUMENTS: All interior monuments shall be installed prior to the release of any bond. E. FILING FINAL PLAT: The Administrator must provide written approval of the final plat prior to its submission to the Administrator of the Public Works Department. The final plat AGENDA ITEM # 9. q) ORDINANCE NO. ________ 9 must then be signed by the Public Works Administrator, the Mayor, and the City Clerk prior to being filed with the King County Recorder’s Office by the City. F. EXPIRATION OF PLAT AFTER APPROVAL: If a final plat has not been recorded within six (6) months after approval, the plat shall expire and be null and void. To revitalize the expired plat, the plat shall be resubmitted as a preliminary plat. One extension to the six (6) month period may be granted by the Administrator. SECTION VI. Subsections 4‐9‐200.B.1 and 4‐9‐200.E.3.i of the Renton Municipal Code are amended as shown below. All other provisions in 4‐9‐200 remain in effect and unchanged. B. APPLICABILITY AND AUTHORITY: 1. Master Plan Review: Master plan review is required for all development within the UC and COR Zones unless specifically exempted in subsection C of this Section. Master plans review is required are optional in all other zones, except for CA zoned sites two and one‐half (2.5) acres or greater in area upon which residential mixed‐use development is proposed, and master plan review is required for all phased development projects regardless of zone. When existing parcels are twenty‐five (25) acres or smaller, a master plan incorporating all abutting lots in common ownership as of December 1, 2003, is required. 2. Site Plan Review: a. When Required: Site plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC, R‐10, RMH, RM, and R‐14 Zones, all AGENDA ITEM # 9. q) ORDINANCE NO. ________ 10 development within the Employment Area (EA) designation, and for the following types of development, regardless of zone: i. K‐12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. vi. Medical institutions, assisted living, and convalescent care facilities. b. Optional: When specifically authorized by the development standards, site plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from site plan review. 3. Authority: The Community and Economic Development Administrator shall have the authority to approve, approve with conditions, or deny proposals based on this Section when no other permit or approval requires Hearing Examiner review. E. DECISION CRITERIA: 1. Purpose: These criteria provide general guidance for an applicant in developing a site, but are not intended to discourage creativity and innovation. 2. Level of Detail: AGENDA ITEM # 9. q) ORDINANCE NO. ________ 11 a. Master Plans: For master plan applications, the Administrator will evaluate compliance with the review criteria at a level of detail appropriate for master plans. Master plans will be evaluated for general compliance with the criteria and to ensure that nothing in the master plan will preclude development of a site plan in full compliance with the criteria. b. Site Plans: For site plan applications, the Administrator will analyze the plan in detail and evaluate compliance with the specific requirements discussed below. 3. Criteria: The Administrator must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation, and any applicable adopted Community Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4‐3‐100. b. Off‐Site Impacts: Mitigation of impacts to surrounding properties and uses, including: AGENDA ITEM # 9. q) ORDINANCE NO. ________ 12 i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; iii. Utilities, Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties. Locate utilities underground consistent with RMC 4‐6‐090; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. c. On‐Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; AGENDA ITEM # 9. q) ORDINANCE NO. ________ 13 iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting and disconnecting impervious surfaces; iv. Reducing Parking Impervious Areas: Design parking areas to minimize impervious surfaces, including but not limited to: (1) breaking up parking areas and directing stormwater flows to multiple low impact development features such as bioretention areas; (2) locating parking near trees to provide storm water uptake; (3) retaining or adding vegetation to parking areas; (4) placing existing parking that exceeds maximum parking ratios in permeable pavement designed consistent with the Surface Water Design Manual in RMC 4‐6‐030; and (5) using other low impact development techniques consistent with RMC 4‐6‐030; and v. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. Landscaping shall be consistent with RMC 4‐4‐070. d. Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and AGENDA ITEM # 9. q) ORDINANCE NO. ________ 14 consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. e. Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. f. Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. g. Natural Systems: Arranging project elements to protect existing natural systems where applicable. h. Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. AGENDA ITEM # 9. q) ORDINANCE NO. ________ 15 i. Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. Each phase must be able to stand on its own without reliance upon development of subsequent phases in order to meet all development standards of this Title. j. Stormwater: Providing optimal locations of stormwater infiltrating low impact development facilities. Avoiding placement of buildings or impervious areas on soils with infiltration capability to the maximum extent practicable. SECTION VII. The definition of "Subdivision, Phased" in section 4‐11‐190 is amended as shown below. All remaining definitions in 4‐11‐190 remain in effect and unchanged. SUBDIVISION, PHASED: A subdivision which is, or is intended to be, developed recorded in increments over a period of time. Preliminary plat approval must be granted for the entire subdivision and must delineate the separate divisions which are to be developed in increments. The preliminary plat approval shall be conditioned upon completion of the proposed phases in a particular sequence and may specify a completion date for each phase. Final plat approval shall be required for each separate phase of the preliminary plat. SECTION VIII. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. AGENDA ITEM # 9. q) ORDINANCE NO. ________ 16 SECTION IX. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2073:10/25/19 AGENDA ITEM # 9. q) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4‐4‐060.N.4 AND 4‐8‐120.D.19; SECTIONS 4‐11‐010, 4‐11‐190, AND 4‐11‐230; AND CHAPTER 4‐5 OF THE RENTON MUNICIPAL CODE, AMENDING CONSTRUCTION AND DEMOLITION WASTE DIVERSION REGULATIONS, INCLUDING ADDING AND AMENDING DEFINITIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 10, 2019, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 19, 2019, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4‐4‐060.N.4 of the Renton Municipal Code is amended as shown below. All other provisions in 4‐4‐060.N remain in effect and unchanged. N. FILLS: 1. Applicability and Exemptions: Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Section. In the absence of an approved soil engineering report, these provisions AGENDA ITEM # 9. r) ORDINANCE NO. ________ 2 may be waived for minor fills not intended to support structures. For minor fills or waste areas, humps, hollows or water pockets shall be graded smooth with acceptable slopes. 2. Fill Location: Fill slopes shall not be constructed: a. On natural slopes steeper than two‐and‐one‐half horizontal to one vertical (2.5:1) that are fifteen feet (15') or greater in height (except in conjunction with a modification granted per RMC 4‐9‐250D1 for filling against the toe of a natural rock wall – see RMC 4‐3‐050N2a(ii)(b)); or b. Where the fill slope toes out within twelve feet (12') horizontally of the top of existing or planned cut slopes that are fifteen feet (15') or greater in height and steeper than two‐and‐one‐half horizontal to one vertical (2.5:1). 3. Preparation of Ground: The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials as determined by the soil engineer, and where the slopes are five to one (5:1) or steeper, by benching into sound bedrock or other competent material, provided native vegetation and significant trees are protected pursuant to RMC 4‐ 4‐130. 4. Fill Material: Fill materials shall have no more than minor amounts of organic substances and shall have no rock or similar irreducible material with a maximum dimension greater than eight inches (8"). Fill material shall be subject to meet the following standards and requirements: AGENDA ITEM # 9. r) ORDINANCE NO. ________ 3 a. General: Fill materials shall have no more than minor amounts of organic decomposable substances and shall have no rock or similar irreducible material with a dimension greater than eight inches (8"). Material used in fills shall be appropriate for the site and the intended use of that portion of the site. b. a. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be free of construction, demolition, and land clearing waste except that this requirement does not preclude the use of recycled concrete rubble per from a Washington State Department of Transportation approved source Standard Specifications for Road, Bridge, and Municipal Construction. c. b.Cleanliness of Fill Material: Fill material shall not contain concentrations of contaminants that exceed cleanup standards for soil specified in WAC 173‐340‐740, Model Toxics Control Act. No solid waste, hazardous waste, hazardous material, or materials categorized as dangerous waste under Title 173 WAC shall be used as fill. d. The Administrator may specify other characteristics of the fill material used, the degree of compaction, the moisture content, and the method of placement based on the intended use of the portion of the site where the fill will be placed and the requirements for water retention, drainage control, and erosion control. e. c. Special Requirement Fill Material Source Statement for Projects Located in Zone 1 of the Aquifer Protection Area and Which Will Involvinge the AGENDA ITEM # 9. r) ORDINANCE NO. ________ 4 Placement of More than Fifty (50) Cubic Yards of Imported Fill: A fill material source statement is required for projects located in Zone 1 of the Aquifer Protection Area if more than fifty (50) cubic yards of imported fill will be used; the documentation shall be certified by a professional engineer or geologist licensed in the State of Washington. The fill material source statement shall be provided to the Department and shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The fill material source statement, as defined in RMC 4‐8‐120.D.19, shall be required for each source location from which imported fill will be obtained. f. d. Special RequirementFill Material Source Statement for Projects Located in Zone 2 of the Aquifer Protection Area and Which Will Involvinge Placement of More than One Hundred (100) Cubic Yards of Imported Fill: A fill material source statement is required for projects located in Zone 2 of the Aquifer Protection Area if more than one hundred (100) cubic yards of imported fill will be used; the documentation shall be certified by a professional engineer or geologist licensed in the State of Washington. The fill material source statement shall be reviewed and accepted by the Department prior to stockpiling or grading imported fill at the project site. The fill material source statement, as defined described in RMC 4‐8‐120.D.19, is shall be required for each source location from which imported fill will be obtained. g. e. Abbreviated Source Statement for Aquifer Protection Area: The Department may accept a fill material source statement, as defined in RMC 4‐8‐ AGENDA ITEM # 9. r) ORDINANCE NO. ________ 5 120.D.19, that does not include results of sampling and analysis of imported fill if a professional geologist or engineer licensed in the State of Washington certifies that the source location from which fill will be obtained has never been filled, developed, or subjected to use that could have introduced chemical contamination to the site. h. f. Department Authority to Request Additional Information or Reject Certified Source Statement: The Department has the authority to request additional information regarding imported fill material and the source thereof and to reject a fill material source statement or an abbreviated source statement version if they do not demonstrate that the fill material to be imported to a project site meets fill material standards in subsections L4a and L4b of this Section and/or the Department has reason to suspect that the fill material could be contaminated. Such requests or rejections shall be made in writing to the applicant. i. g. Source Statement Not Required for Imported Fill Obtained from Washington State Department of Transportation Approved Source: The source statement defined in RMC 4‐8‐120.D.19 is not required for those projects located in the aquifer protection area if documentation is provided that imported fill will be obtained from a Washington State Department of Transportation approved source. j. h. Sampling and Analysis Procedures: The licensed professional engineer or geologist or person under their supervision who samples earth AGENDA ITEM # 9. r) ORDINANCE NO. ________ 6 materials to be used as imported fill, oversees analysis, and prepares the a fill material source statement required by subsections L4c and L4d of this Section shall follow procedures specified in WAC 173‐340‐820 and 173‐340‐830 of the Model Toxics Control Act ‐ Cleanup rRegulations. k. i. Permittee Subject to Required Actions after Illegal Placement of Imported Fill: A permittee person who stockpiles or grades imported fill at the site without Department review and acceptance of the a fill material source statement required by subsections L4c and L4d of this Section or who stockpiles or grades fill at the site that does not meet the fill quality standards of subsections L4a and L4b of this Section is subject to measures specified by the Department to reduce risk of contamination of the site due to illegal placement of fill. Such measures may include, but are not limited to, any or all of the following and shall be implemented at the permittee’s person’s expense: i. Provide the Department with the a fill material source statement defined in RMC 4‐8‐120.D.19 within a time‐period specified by the Department; ii. Immediately cover fill with a waterproof cover; iii. Immediately remove fill; iv. Installation of monitoring wells and monitoring of ground water quality; v. Remediation of contamination of the site caused by the illegal placement of fill according to a schedule specified by the Department and in AGENDA ITEM # 9. r) ORDINANCE NO. ________ 7 accordance with cleanup standards for soil and groundwater described in the Model Toxics Control Act ‐ Cleanup rRegulations, chapter 173‐340 WAC. l. j. Department Authority to Conduct Independent Sampling and Analysis: The Department shall have the authority to enter on to private property to conduct independent sampling and analysis of fill. If the Department determines that fill does not meet fill quality standards of subsections L4a and L4b of this Section, then it may require the permittee person to accomplish any or all of the measures listed in subsection L4i of this Section at his or her own expense. m. k. Department Authority to Implement Removal and Remediation Measures: The Department or its authorized agents shall have the authority to implement measures listed in subsection L4i of this Section if the permittee person fails to accomplish such measures in a timely manner. The permittee shall be responsible for any costs incurred by the Department or its authorized agents in the conduct of such activities. SECTION III. Chapter 4‐5 of the Renton Municipal Code is amended to add a new section, 4‐5‐065, entitled Diversion of Building Materials From Landfills, to read as shown below. All other provisions in Chapter 4‐5 remain in effect and unchanged. 4‐5‐065 DIVERSION OF BUILDING MATERIALS FROM LANDFILLS: A. PURPOSE: The purpose of this Section is to increase the reuse of construction and removed building materials. B. DEFINITIONS: AGENDA ITEM # 9. r) ORDINANCE NO. ________ 8 Unless otherwise expressly stated, the following words and terms shall, for the purposes of this Section, have the following meanings: 1. “Demolition” means the process of razing, relocating, or removing an existing building or structure, or a portion thereof. 2. “Beneficial use” means the reuse of solid waste as an ingredient in a manufacturing process, or as an effective substitute for natural or commercial products in a manner that does not pose a threat to human health or the environment. Avoidance of processing or disposal cost alone does not constitute beneficial use. 3. “Recyclable materials” shall mean the list of construction and demolition materials determined by the Administrator to have the potential for beneficial use, and so promulgated by the Administrator. C. APPLICABILITY: Applicants for a permit to conduct the following activities shall be subject to this Section: 1. construct a structure greater than one thousand (1,000) square feet of gross floor area; 2. demolish an entire building or structure greater than one thousand (1,000) square feet of gross floor area; or 3. make alterations greater than one thousand (1,000) square feet of gross floor area of a building or structure or tenant improvements greater than two thousand five hundred (2,500) square feet of gross floor area. AGENDA ITEM # 9. r) ORDINANCE NO. ________ 9 D. REQUIREMENTS: 1. On any site where qualifying construction and/or demolition will occur there shall be at least one bin on site for recyclable materials, which may be commingled, that shall be sent to a County‐designated construction and demolition materials processing facility for recycling for beneficial use. 2. All applicants for qualifying construction or demolition permits shall submit a waste diversion report prior to permit finalization or issuance of a certificate of occupancy. A partial or temporary certificate of occupancy may be issued prior to submittal of the waste diversion report. 3. In instances where shared construction and demolition collection containers are used by two (2) or more projects, periodic waste reports may be submitted in place of a final waste diversion report, as determined by the building official. The waste diversion report shall identify the amount, by weight or volume, of generated construction and demolition material removed from a project site, the hauler, and the receiving facility or location for each commodity. A signed affidavit from the receiving location and photo documentation must be included for salvaged materials for which a tip receipt cannot be obtained. E. EXCEPTIONS: Construction activity otherwise subject to this Section shall not include disaster response performed in conjunction with a declared emergency, the removal of structures determined to be hazardous or dangerous by the building official, the removal of recyclable materials that are painted, have hazardous or AGENDA ITEM # 9. r) ORDINANCE NO. ________ 10 asbestos containing constituents, are difficult to separate from other materials, or are present only in very small quantities. SECTION IV. The definition of “Source Statement, Fill Material, Aquifer Protection Area” in subsection 4‐8‐120.D.19 of the Renton Municipal Code is amended as shown below. All other definitions in 4‐8‐120.D.19 remain in effect and unchanged. Source Statement, Fill Material, Aquifer Protection Area: A source statement providing the following information: a. The source location of imported fill; b. Previous land uses of the source location; c. Whether or not earth materials to be removed from the source location are native, undisturbed soil; d. Whether or not the source location appears on government lists of contaminated sites including those developed pursuant to the State Model Toxics Control Act and the Federal Comprehensive Environmental Response, Compensation, and Liability Act; e. Results of sampling and analysis pursuant to RMC 4‐4‐060.N.4.jh, Sampling and Analysis Procedures; and f. Whether or not imported fill meets fill quality standards described in RMC 4‐ 4‐060.N.4a, Construction, Demolition, and Land Clearing Waste Prohibited, and RMC 4‐4‐060N4b, Cleanliness of Fill Material. AGENDA ITEM # 9. r) ORDINANCE NO. ________ 11 SECTION V. The definition of “Aquifer Protection Area (APA)” in section 4‐11‐010 of the Renton Municipal Code is amended as shown below. All other definitions in 4‐11‐010 remain in effect and unchanged. AQUIFER PROTECTION AREA (APA): Shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, as defined in RMC 4‐3‐050.B, Applicability – Critical Areas Designations/Mapping, and as identified in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website depicted in RMC 4‐3‐050.Q.1, Maps, Aquifer Protection. The term shall be synonymous with “Wellhead Protection Area.” SECTION VI. The definition of “Solid Waste” in section 4‐11‐190 of the Renton Municipal Code is amended as shown below. All other definitions in 4‐11‐190 remain in effect and unchanged. SOLID WASTE: Shall be defined as per Minimal Functional Standards for Solid Waste Handling, pursuant to WAC 173‐350‐100 173‐304‐100(73). SECTION VII. Section 4‐11‐230 of the Renton Municipal Code is amended to add a new definition of “Wellhead Protection Area,” in alphabetical order, to read as shown below. All other definitions in 4‐11‐230 remain in effect and unchanged. WELLHEAD PROTECTION AREA: See AQUIFER PROTECTION AREA. SECTION X. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, AGENDA ITEM # 9. r) ORDINANCE NO. ________ 12 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION IX. This ordinance shall be in full force and effect January 1, 2020. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:2069:8/27/19 AGENDA ITEM # 9. r) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS‐OF‐WAY OF THE CITY OF RENTON, WASHINGTON. WHEREAS, Seattle SMSA Limited Partnership d/b/a Verizon Wireless (the “Franchisee”) has requested that the City Council grant a nonexclusive franchise (this “Franchise”); and WHEREAS, the City Council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040, as allowed by this Franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Franchise Granted. Section I.1 Pursuant to RCW 35A.47.040, the City of Renton, a Washington municipal corporation (hereinafter the “City”), hereby grants to the Franchisee, its affiliates, heirs, successors, legal representatives and assigns, subject to the terms and conditions hereinafter set forth, a Franchise for a period of five (5) years, beginning on the effective date of this ordinance, set forth in Section XXXIX herein. At any time not less than sixty (60) days before the expiration of the current Franchise term, Franchisee may make a written request for an additional Franchise term of five (5) years. City shall grant such request to Franchisee, in accordance with then‐applicable laws, unless Franchisee is or has been in default of the terms of this Franchise beyond applicable notice and cure periods. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 2 Section I.2 This Franchise ordinance grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, relocate, repair, upgrade, remove, excavate, acquire, and use the Small Cell Facilities, as defined in Section II.2, for its telecommunications network, in, under, on, across, over, through, along or below the public Rights‐of‐Way located in the City of Renton, as approved pursuant to the Renton Comprehensive Plan, the City’s design and construction standards, and the Renton Municipal Code (collectively, the “City’s Codes”), and permits issued pursuant to this Franchise. Public “Rights‐of‐Way” means the surface of, and the space above and below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk, lane, public way, drive, circle, pathways, spaces, utility easements (unless there are relevant use, structure or other restrictions) or other public right‐of‐way which, under City ordinances or applicable laws, the City has authority to grant franchises, licenses, or leases for use thereof, or has regulatory authority there over and only to the extent such Rights‐of‐Way are opened and improved. Rights‐of‐Way for the purpose of this Franchise do not include: (a) any other City property, such as the Renton Municipal Airport, City utility corridors, and City parks even if there are access ways over such property; (b) state highways; (c) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (d) federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state parks and recreation commission; or (e) federally granted railroad rights‐of‐way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use. Section I.3 Franchisee intends to initially deploy Facilities in the locations indicated and using the designs described on attached Exhibit A (the “Initial Deployment Plan”); however, that AGENDA ITEM # 9. s) ORDINANCE NO. ________ 3 the Initial Deployment Plan attached hereto is for informational purposes only and in no way limits or restricts Franchisee’s ability to deploy additional Facilities in additional locations within the City under this Franchise, nor shall an amendment to this Franchise be required to allow such additional Facilities and locations. Inclusion of the Initial Deployment Plan in this Franchise is not a substitute for any City required approvals to construct Franchisee’s Facilities in the Rights‐ of‐Way (“City Approvals”). Section I.4 If a direct conflict exists or arises such that the Franchisee or the City or both cannot comply with both the terms of this Franchise and the City’s Codes, the terms of this Franchise shall prevail. This provision shall be narrowly construed. SECTION II. Authority Limited to Occupation of Rights‐of‐Way for Services; Definition of Facilities. Section II.1 The authority granted herein is a limited authorization to occupy and use the Rights‐of‐Way throughout the City (the “Franchise Area”). The Franchisee is authorized to place its Facilities in the Rights‐of‐Way only consistent with this Franchise and the City’s Codes. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights‐of‐Way of the City to the Franchisee other than for the purpose of providing telecommunications services. Franchisee hereby warrants that it expects to provide the following services within the City: small cell network consisting of a collection of interrelated Small Cell Facilities designed to deliver personal wireless services (the “Services”). Section II.2 As used herein, “Small Cell Facilities” or “Facilities” means a personal wireless services facility that meets both of the following qualifications: (i) each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna AGENDA ITEM # 9. s) ORDINANCE NO. ________ 4 that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and (ii) primary equipment enclosures are no larger than twenty‐eight (28) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume (but remain included in the definition of Small Cell Facilities): Electric meter, concealment, telecom demarcation box, ground‐based enclosures, battery back‐up power systems, grounding equipment, power transfer switch, and cut‐off switch. Small Cell Facilities shall also include all necessary cables, transmitters, receivers, equipment boxes, backup power supplies, power transfer switches, electric meters, coaxial cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient appurtenances used for the specific wireless communications facility. Equipment enclosures with air conditioning or other noise generating equipment are excluded from “Small Cell Facilities.” Services do not include personal wireless services and associated facilities that fall outside of the definition of Small Cell Facilities (i.e. macro facilities). Section II.3 This Franchise does not grant Franchisee the right to install and operate wires and facilities to provide wireline broadband transmission services, whether provided by a third party provider, Franchisee, or a corporate affiliate of Franchisee. Any entity that provides such wireline broadband transmission services must have an independent franchise to use the Rights‐ of‐Way outside of this Franchise. Further, this Franchise does not grant the right to offer cable internet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6) by wireline transmission. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 5 Section II.4 No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right‐of‐Way, or upon private property without the owner’s consent, or upon any City, public or privately owned poles or conduits is granted herein. Nothing contained within this Franchise shall be construed to grant or convey any right, title, or interest in the Rights‐of‐Way of the City to Franchisee other than for the purpose of providing the Services, or to subordinate the primary use of the Right‐of‐Way as a public thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall request a written amendment to this Franchise. If Franchisee desires to use City owned assets, including poles and structures within the Rights‐of‐Way, it shall enter into a separate lease, site specific agreement, or license agreement with the City. Section II.5 Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise provided: (a) Franchisee at all times retains exclusive control over its telecommunications system, Facilities, and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise; (c) Such customer or lessee shall not be construed to be a third‐party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, nor to sell or offer for sale any service AGENDA ITEM # 9. s) ORDINANCE NO. ________ 6 to the citizens of the City without all required business licenses, franchise or other form of state wide approval. SECTION III. Non‐Exclusive Franchise Grant. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, along, over, through, under, below, or across any said Rights‐of‐Way. This Franchise shall in no way prevent or prohibit the City from using any of said roads, streets, or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Rights‐of‐Way, thoroughfares and other public properties of every type and description. SECTION IV. Location of Telecommunications Network Facilities. Section IV.1 Franchisee may locate its Facilities anywhere within the Franchise Area consistent with this Franchise and the City’s Codes. Franchisee shall not be required to amend this Franchise to construct or acquire Facilities within the Franchise Area, provided that Franchisee does not expand its Services beyond those described in Section II. Section IV.2 To the extent that any Facilities within the Franchise Area are located within part of the state highway system (“State Highways”) governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that: AGENDA ITEM # 9. s) ORDINANCE NO. ________ 7 (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. SECTION V. Relocation of Telecommunications Network Facilities. Section V.1 Relocation Requirement. The City may require Franchisee, and Franchisee covenants and agrees, to protect, support, temporarily disconnect, relocate, remove, its Facilities within the Right‐of‐Way when reasonably necessary for construction, alteration, repair, or improvement of the Right‐of‐Way for purposes of and for public welfare, health, or safety or traffic conditions, dedications of new Rights‐of‐Way and the establishment and improvement thereof, widening and improvement of existing Rights‐of‐Way, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity, provided that Franchisee shall in all such cases have the privilege to temporarily bypass in the authorized portion of the same Rights‐of‐Way upon approval by the City, which approval shall not unreasonably be withheld or delayed, any Facilities required to be temporarily disconnected or removed. For the avoidance of doubt, such projects shall include any Right‐of‐Way improvement AGENDA ITEM # 9. s) ORDINANCE NO. ________ 8 project or City utility improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit and at the request of or contracted by the City, but shall not include, without limitation, any other improvements or repairs undertaken by or for the benefit of third party private entities. Collectively all such projects described in this Section V.1 shall be considered a “Public Project”. Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section V.1 shall be borne by Franchisee. Section V.2 Relocation ‐ Third Party Structures. If the request for relocation from the City originates due to a Public Project, in which structures or poles are either replaced or removed, then Franchisee shall relocate or remove its Facilities as required by the City, and at no cost to the City, subject to the procedure in Section V.5. Franchisee acknowledges and agrees that the placement of Small Cell Facilities on third party‐owned structures does not convey an ownership interest in such structures. Franchisee acknowledges and agrees, that to the extent Franchisee’s Small Cell Facilities are on poles owned by third parties, the City shall not be responsible for any costs associated with requests arising out of a Public Project. Section V.3 Relocation ‐ Franchisee Owned Structures. The cost of relocation of any Franchisee owned poles or structures shall be determined in accordance with the requirements of RCW 35.99.060(3)(b); provided, however, that the Franchisee may opt to pay for the cost of relocating its Small Cell Facilities in order to provide consideration for the City’s approval to site a Small Cell Facility on Franchisee owned structures or poles in a portion of the Right‐of‐Way designated or proposed for a Public Project. For this Section V.3, designation of the Right‐of‐Way for a Public Project shall be undertaken in the City’s Comprehensive Plan in accordance with the AGENDA ITEM # 9. s) ORDINANCE NO. ________ 9 requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to the Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element, Utilities element, or Utility Capital Improvement Program (CIP), and any other element authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this provision is mutually beneficial to the parties, as the City may otherwise deny the placement of the Small Cell Facility at a particular site because of the cost impact of such relocation and the conflict with the City’s Comprehensive Plan. Section V.4 Locate. Upon request of the City, or a third party performing work in the Right‐of‐Way, and in order to facilitate the design of City street and Right‐of‐Way improvements or City utility improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities’ location may be taken into account in the improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the City’s Public Projects shall be made by the City upon review of the location and construction of Franchisee’s Facilities. The City shall provide Franchisee at least thirty (30) days’ written notice prior to any excavation or exposure of Facilities. Section V.5 Notice and Relocation Process. If the City determines that a Public Project necessitates the relocation of Franchisee’s existing Facilities, the City shall: (a) At least ninety (90) days prior to commencing construction of the Public Project, provide Franchisee with written notice requiring such relocation; provided, however, that in the event of an emergency situation, defined for purposes of this Franchise as a condition AGENDA ITEM # 9. s) ORDINANCE NO. ________ 10 posing an imminent threat to property, life, health, or safety of any person or entity, the City shall give Franchisee written notice as soon as practicable; and (b) Together with the notice of relocation, provide Franchisee with copies of pertinent portions of the plans and specifications for the Public Project and cooperate with Franchisee in its identification of a proposed new location for Franchisee’s Facilities so that Franchisee may relocate its Facilities in other Rights‐of‐Way in order to accommodate such Public Project; and (c) After receipt of such notice and such plans and specifications, Franchisee shall complete relocation of its Facilities at least ten (10) days prior to commencement of the construction of the Public Project at no charge or expense to the City, except as otherwise provided by law. Relocation shall be accomplished in such a manner as to accommodate the Public Project. Section V.6 Alternative Designs. Franchisee may, within thirty (30) days after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate the alternatives and advise Franchisee in writing within ten (10) days after receipt of Franchisee’s alternative if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If so requested by the City, Franchisee shall submit, at its sole cost and expense, additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Franchisee full and fair consideration. In the event the City ultimately determines that there is no other reasonable or feasible alternative, Franchisee shall relocate its Facilities as otherwise provided in this Section V. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 11 Section V.7 Alternative Arrangements. The provisions of this Section V shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City‐ owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section V.8 Contractor Delay Claims. If Franchisee breaches its obligations under chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this Section with respect to relocating its Facilities, and to the extent such breach causes a delay in the work being undertaken by the City’s third party contractor(s) that results in a claim by the third party contractor(s) for costs, expenses and/or damages that are directly caused by such delay and are legally required to be paid by the City (each, a “Contractor Delay Claim”), the City may at its sole option: (a) tender the Contractor Delay Claim to Franchisee for defense and indemnification in accordance with Section V.9 and Section XXXVIII; or (b) require that Franchisee reimburse the City for any such costs, expenses, and/or damages that are legally required to be paid by the City to its third party contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the City requires reimbursement by Franchisee under this Section V.8(b), the City shall first give Franchisee written notice of the Contractor Delay Claim and give Franchisee the opportunity to work with the third party contractor(s) to resolve the Contractor Delay Claim for a period of not less than sixty (60) days prior to the City's payment of the Contractor Delay Claim. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 12 Section V.9 Relocate Indemnification. Franchisee will indemnify, hold harmless, and pay the costs of defending the City, in accordance with the indemnification provisions of Section XXXVIII, against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities as provided herein; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the sole negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section V.10 Moving a Building. Whenever any person shall have obtained permission from the City to use any Right‐of‐Way for the purpose of moving any building, Franchisee, upon thirty (30) days’ written notice from the City, shall raise, remove, or relocate to another part of the Right‐of‐Way, only for the time period necessary to complete the move, at the expense of the person desiring to move the building, any of Franchisee’s Facilities that may obstruct the removal of such building. Section V.11 City’s Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outlined in this Section V, then after fifteen (15) days’ notice to Franchisee, the City may perform such work or cause it to be done, and the City’s costs shall be paid by Franchisee pursuant to Section XIV.2 and Section XIV.3. Section V.12 Survival. The provisions of this Section V shall survive the expiration or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights‐of‐Way. SECTION VI. Undergrounding of Facilities. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 13 Section VI.1 Franchisee hereby acknowledges and agrees that whenever the City requires the undergrounding of the aerial utilities in any area of the City, and when such undergrounding includes the removal of the structure on which the Facilities are placed (e.g., electric utility poles), the City may require the Franchisee to remove and relocate its Facilities. Notwithstanding the foregoing, placing Facilities underground is not intended to preclude the use of small cell antennas, ground‐mounted appurtenances, or other Facilities that must remain above‐ground to function properly. Facilities that may be reasonably altered to function properly below ground are not Facilities that may remain above‐ground, unless such alteration would create a hazard to people or property. Section VI.2 Franchisee shall not remove any underground Facilities that require trenching or other opening of the Rights‐of‐Way, except as provided in this Section VI.2. Franchisee may remove any underground Facilities from the Right‐of‐Way that have been installed in such a manner that it can be removed without trenching or other opening of the Right‐of‐Way, or if otherwise permitted by the City. When the City determines, in the City’s sole discretion, that Franchisee’s underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove such Facilities at Franchisee’s sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section VIII.2, prior to any such removal of underground Facilities from the Right‐of‐Way and must provide as‐built plans and maps pursuant to Section VII.1. Section VI.3 The provisions of this Section VI shall survive the expiration, revocation, or termination of this Franchise. Nothing in this Section VI shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee’s Facilities. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 14 SECTION VII. Maps and Records. Section VII.1 Following the initial construction and installation of Facilities, Franchisee shall provide the City with accurate copies of as‐built plans and maps prepared by Franchisee’s design and installation contractors. These plans and maps shall be provided at no cost to the City, and shall include hard copies and digital files in Autocad, or other industry standard readable formats that are acceptable to the City, and delivered electronically. Further, Franchisee shall provide such maps within thirty (30) days following a request from the City. Franchisee shall warrant the accuracy of all plans, maps and as‐builts provided to the City. Section VII.2 Within thirty (30) days of a written request from the Community and Economic Development Administrator or designee, Franchisee shall furnish the City with information sufficient to demonstrate: 1) that the Franchisee has complied with all applicable requirements of this Franchise; and 2) that any and all utility taxes due to the City in connection with the Franchisee’s services and Facilities have been properly collected and paid by the Franchisee. Section VII.3 All books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights‐of‐Way shall be made available for inspection by the City at reasonable times and intervals; provided, however, that nothing in this Section VII.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section VII.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Section VII.4 Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose AGENDA ITEM # 9. s) ORDINANCE NO. ________ 15 such information that is required under applicable law to comply with a utility tax audit. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee can take appropriate steps to protect its interests. Section VII.5 Nothing in Section VII.3 or Section VII.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non‐appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section VII.6 On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee's records reasonably related to the administration or enforcement of this Franchise, in accordance with GAAP. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 16 SECTION VIII. Work in the Rights‐of‐Way. Section VIII.1 During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other traffic control measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. The provisions of this Section VIII shall survive the expiration or termination of this Franchise and during such time as Franchisee continues to have Facilities in the Rights‐of‐Way. Section VIII.2 Whenever Franchisee shall commence work in any Rights‐of‐Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its Facilities, it shall apply to the City for a right‐of‐way use permit to do so and, in addition, shall give the City at least twenty (20) working days' prior notice (except in the case of an emergency) of its intent to commence work in the Rights‐of‐Way. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights‐of‐Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications and warranted for a period of two (2) years. In no case shall any work commence within any Rights‐of‐Way without a permit, except as otherwise provided in this Franchise. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 17 Section VIII.3 The City reserves the right to limit or exclude Franchisee’s access to a specific route, Right‐of‐Way or other location when, in the judgment of the Community and Economic Development Administrator or designee, there is inadequate space (including but not limited to compliance with ADA clearance requirements and maintaining a clear and safe passage through the Rights‐of‐Way), a pavement cutting moratorium, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, or for any other reason determined by the Community and Economic Development Administrator or designee. Section VIII.4 If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise, the Franchisee shall afford the City, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section VIII.5 Except for emergency situations, as a courtesy, Franchisee shall give reasonable advance written (e.g., door hanger or direct mail) notice of intended construction to residents within one hundred feet (100’) of the affected area. Such notice shall contain the Franchisee’s contact number, estimated dates, and nature and location of the work to be performed. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the AGENDA ITEM # 9. s) ORDINANCE NO. ________ 18 above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section VIII.6 Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section VIII.6 shall only apply to the extent necessary to protect above ground Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. All trimming, except in emergency situations, is to be done after the explicit prior written notification and approval of the City and at the expense of Franchisee. Franchisee may contract for such services; however, any firm or individual so retained must first receive City approval prior to commencing such trimming; such approval shall not be unreasonably withheld, delayed, or conditioned. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify, defend and hold harmless the City from third‐party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, any tree trimming that involves the removal of branches that are six inches (6") or greater in diameter, must be performed under the direction of an arborist certified by the International Society of AGENDA ITEM # 9. s) ORDINANCE NO. ________ 19 Arboriculture, unless otherwise approved by the Community and Economic Development Administrator or designee. Section VIII.7 Franchisee shall meet with the City and other franchise holders and users of the Rights‐of‐Way upon thirty (30) days’ notice by the City, to schedule and coordinate construction in the Rights‐of‐Way. All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages, and conflicts with City projects. Section VIII.8 Franchisee shall inform the City with at least thirty (30) days’ advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights‐of‐Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. SECTION IX. One Call Locator Service. Prior to doing any work in the Rights‐of‐Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the City or a third party, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. SECTION X. Safety Requirements. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 20 Section X.1 Franchisee shall, at all times, employ professional care and shall install and maintain and use industry‐standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights‐of‐Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section X.2 If an unsafe condition or a violation of Section X.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the necessary repairs and alterations within a reasonable time frame specified in such notice (and pursue such cure to completion), but not shorter than forty‐five (45) days, then the City may make such repairs or contract for them to be made. All costs, including administrative AGENDA ITEM # 9. s) ORDINANCE NO. ________ 21 costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section XIV.2 and Section XIV.3. Section X.3 Additional safety standards include: (a) Franchisee shall endeavor to maintain all Facilities in an orderly manner, including, but not limited to, the placement of any cables connecting equipment in an orderly manner. (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry‐standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights‐of‐Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, steel plates, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. Section X.4 Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as reasonably determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and AGENDA ITEM # 9. s) ORDINANCE NO. ________ 22 (e) Establish conditions under which work may be resumed. SECTION XI. Work of Contractors and Subcontractors. Franchisee’s contractors and subcontractors shall be licensed and bonded in accordance with State law and the City’s ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. SECTION XII. Restoration after Construction. Section XII.1 Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section XVII, promptly remove any obstructions from the Rights‐of‐Way and restore the surface of the Rights‐of‐Way to at least the same condition the Rights‐of‐Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights‐of‐Way not caused by Franchisee or anyone doing work for Franchisee. The Community and Economic Development Administrator or designee shall have final approval of the condition of such Rights‐of‐Way after restoration. All concrete encased survey monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332‐120 WAC), and local standards and specifications. Section XII.2 Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit AGENDA ITEM # 9. s) ORDINANCE NO. ________ 23 issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards and warranted for a period of two (2) years and for undiscovered defects. Section XII.3 If conditions (e.g. weather) make the complete restoration required under this Section XII impracticable, Franchisee shall temporarily restore the affected Right‐of‐Way or property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section XII.4 In the event Franchisee does not repair or restore a Right‐of‐Way as required hereunder, within thirty (30) days after notice to Franchisee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section XIV.2 and Section XIV.3. In addition, and pursuant to Section XIV.2 and Section XIV.3, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section XXI.2. Section XII.5 The provisions of this Section XXII shall survive the expiration or termination of this Franchise so long as Franchisee continues to have Facilities in the Rights‐of‐Way and has not completed all restoration to the City’s standards. SECTION XIII. Emergency Work/Dangerous Conditions. Section XIII.1 In the event of any emergency in which any of Franchisee’s Facilities located in the Rights‐of‐Way breaks, falls, becomes damaged, or if Franchisee’s Facilities is otherwise in AGENDA ITEM # 9. s) ORDINANCE NO. ________ 24 such a condition as to immediately endanger the property, life, health or safety of any person, entity or the City, Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of any person, entity or the City without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Renton City Hall is open for business. The City retains the right and privilege to cut, move or remove any Facilities located within the Rights‐of‐Way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. Section XIII.2 The City shall not be liable for any damage to or loss of Facilities within the Rights‐of‐Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights‐of‐Way by or on behalf of the City, except to the extent caused by the sole negligence or willful misconduct of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City’s actions under this Section XIII except to the extent caused by the sole negligence or willful misconduct of the City, its employees, contractors, or agents. Section XIII.3 Whenever the construction, installation or excavation of Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street, electrical or telecommunications utilities, City utilities, AGENDA ITEM # 9. s) ORDINANCE NO. ________ 25 or City property, the Community and Economic Development Administrator or designee, may direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may access the Facilities and take such reasonable actions as are necessary to protect the public, the adjacent streets, City utilities, or street, electrical or telecommunications utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. SECTION XIV. Recovery of Costs, Taxes and Fees. Section XIV.1 Franchisee shall pay a fee for the actual administrative expenses incurred by the City that are directly related to receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City’s legal costs incurred in drafting and processing this Franchise. No permits shall be issued for the installation of authorized Facilities until such time as the City has received payment of this fee. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not AGENDA ITEM # 9. s) ORDINANCE NO. ________ 26 established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section XIV.3. Section XIV.2 Franchisee shall promptly reimburse the City in accordance with the provisions of Section XIV.3 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City agrees to simultaneously seek reimbursement from any franchisee or permit holder who caused or contributed to the emergency situation. Section XIV.3 Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee’s proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee’s Facilities in the Rights‐of‐Way. Such costs and expenses shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to oversee or engage in any work in the Rights‐of‐Way as the result of the presence of Franchisee’s Facilities in the Rights‐of‐Way. Such costs and expenses shall also include Franchisee’s proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee’s Facilities. Section XIV.4 The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims AGENDA ITEM # 9. s) ORDINANCE NO. ________ 27 reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. At the City’s option, the billing may be on an annual basis, but the City shall provide the Franchisee with the City’s itemization of costs, in writing, at the conclusion of each project for information purposes. The City does not waive any right to charge an annual fee by separate permit or agreement for every small cell that is located on a City asset. (Refer to the City’s Fee Schedule for the applicable fee.) Section XIV.5 Franchisee hereby warrants that its operations, as authorized under this Franchise, are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a franchise fee on Franchisee if Franchisee’s operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply, or if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section XIV.6 Franchisee acknowledges that certain of its operations within the City may constitute a telecommunication business subject to the utility tax imposed pursuant to the Renton Municipal Code Chapter 5‐11. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telecommunication business and that Franchisee shall pay to the City the rate applicable to such taxable services under Renton Municipal Code Chapter 5‐19, and consistent with state and federal law. The parties agree that if there is a AGENDA ITEM # 9. s) ORDINANCE NO. ________ 28 dispute regarding tax payments, the process set forth under the Renton Municipal Code shall govern such dispute. The City may not enforce remedies provided for hereunder, or commence a forfeiture or revocation process permitted hereunder until all remedies afforded the City under the Renton Municipal Code or other judicial action have been exhausted, and only then if Franchisee does not comply with any such resolution. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend the Renton Municipal Code as may be permitted by law. SECTION XV. Permitting and Aesthetics Section XV.1 Authority Section XV.1.1 City Retains Approval Authority. The City shall have the authority at all times to control by appropriately exercised police powers through ordinance or regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State of Washington, the location, elevation, manner of construction, and maintenance of any Small Cell Facilities by Franchisee, and Franchisee shall promptly conform with all such requirements, unless compliance would cause Franchisee to violate other requirements of law. This Franchise does not prohibit the City from exercising its rights under federal, state or local law to deny or give conditional approval to an application for a permit to construct any individual Small Cell Facility. Section XV.1.2 Unauthorized Facilities. Any Small Cell Facilities installations in the Right‐ of‐Way that were not authorized under this Franchise or other required City Approval (“Unauthorized Facilities”) will be subject to the payment of an Unauthorized Facilities AGENDA ITEM # 9. s) ORDINANCE NO. ________ 29 charge by Franchisee. City shall provide written notice to Franchisee of any Unauthorized Facilities identified by City staff, and Franchisee shall have thirty (30) days thereafter in which to establish that this site was authorized or obtain the applicable permit, or longer than thirty (30) days if necessary upon the City’s consent so long as Franchisee can demonstrate that it has taken active steps to establish the authorization or apply for the permit within such thirty (30) day period. Failure to establish that the site is authorized will result in the imposition of an Unauthorized Facilities charge according to the City of Renton Fee Schedule starting on the thirty‐first (31st) day, or the first day after the expiration of any extended period granted by the City. Franchisee may submit an application to the City under this Franchise for approval of the Unauthorized Facilities. If the application for the Unauthorized Facilities is not approved, Franchisee shall remove the Unauthorized Facilities from the Right‐of‐Way within thirty (30) days after the expiration of all appeal periods for such denial. The City shall not refund any Unauthorized Facilities charges, unless Franchisee is successful in an appeal. This Franchise remedy is in addition to any other remedy available to the City at law or equity. Section XV.2 Permits Section XV.2.1 Small Cell Permit. Franchisee shall apply for, and is required to obtain a City small cell permit (“Small Cell Permit”) prior to the construction and installation of each of its Small Cell Facilities in the Rights‐of‐Way. In addition to applicable requirements established by the City’s Codes for the Small Cell Permit, an application for the deployment of Small Cell Facilities shall include: AGENDA ITEM # 9. s) ORDINANCE NO. ________ 30 (a) A site plan that includes the property lines, adjacent Rights‐of‐Way, private roads, existing utilities, and existing and proposed structures. The City may require the site plan to include all poles within one hundred feet (100'), if necessary. Maps shall be drawn at 1:20 scale; (b) Scaled elevations depicting the design, size, and locations of proposed Small Cell Facilities. The design of the proposed Small Cell Facilities shall comply with the requirements of Section XV.3 (Design); (c) Photo simulations of the Small Cell Facility site showing current and proposed conditions for each proposed location; (d) A tree plan, shown either on the site plan required in this Section XV.2.1 or on a separate tree plan, but only for those Small Cell Facilities where Franchisee will prune any trees. The tree plan shall show the location, diameter, species of all significant trees (defined as conifers greater than six feet (6') tall or deciduous trees greater than six inches (6") in diameter at four and a half feet (4 ½') above the ground), clearly designate all eagle perch/nest trees, and draw an X through trees proposed to be removed or pruned. No trees may be pruned without the City’s approval provided in the Small Cell Permit, and shall be consistent with the requirements of Section VIII.6 of this Franchise; and (e) Site Specific Traffic Control Plan prepared in accordance with the State of Washington Manual on Uniform Traffic Control Devices (MUTCD). Section XV.2.2 City Approvals. The granting of this Franchise is not a substitute for any City Approvals. The parties agree that City Approvals (except right‐of‐way use permits as AGENDA ITEM # 9. s) ORDINANCE NO. ________ 31 described in Section VIII.2) are not considered use permits, as that term is defined in RCW 35.99.010. These City Approvals do not grant general authorization to enter and utilize the Rights‐of‐Way, but rather grant Franchisee permission to build its specific Small Cell Facilities. The parties recognize that this provision is specifically negotiated as consideration for designating the entire City as the Franchise Area. Such City Approvals shall be issued consistent with the City’s Codes, state and federal laws governing wireless communication facility siting, including applicable time periods for review of applications for City Approvals, and shall be in addition to any permits required under Section VIII.2. This Section does not affect the thirty (30)‐day issuance requirement described in RCW 35.99.030 required for use permits such as right‐of‐way use permits and traffic control permits. Section XV.2.3 Emissions Reports. Franchisee is obligated to comply with all laws relating to allowable presence of or human exposure to Radiofrequency Radiation (“RFs”) or Electromagnetic Fields (“EMFs”) on or off any poles or structures in the Rights‐of‐Way, including all applicable FCC standards, whether such RF or EMF presence or exposure results from the Small Cell Facility alone or from the cumulative effect of the Small Cell Facility added to all other sources operated by Franchisee or on behalf of Franchisee on or near the specific pole or structure. Franchisee must provide to the City a copy of a report (the “Emissions Report”) from a duly qualified engineer analyzing whether RF and EMF emissions at the proposed Small Cell Facility locations would comply with FCC standards. Franchisee must submit one Emissions Report to the City with each Small Cell Permit application. For purposes of clarification, this requirement shall not be interpreted AGENDA ITEM # 9. s) ORDINANCE NO. ________ 32 as requiring one Emissions Report for each node, or each pole installation, but rather one Emissions Report for each batch of Small Cell Facilities that comprise a Small Cell network covering a specific area or region. Further, Franchisee shall, at its own cost and expense, perform an RF emissions test following installation to validate that the Small Cell Facilities once installed comply with the FCC standards. Section XV.3 Design Section XV.3.1 City’s Standard Detail. This Franchise adopts the City’s Standard Detail 117 – as it now exists or is hereafter amended, supplemented, and/or renumbered (collectively, hereinafter “Standard Detail 117”) – as a pre‐authorized design for Small Cell Facilities. Section XV.3.2 Order of Preference. This Franchise adopts the following order of preference for the design of Small Cell Facilities: (a) Small Cell Facilities meeting Standard Detail 117. No conditional use permit is required to site Small Cell Facilities meeting Standard Detail 117; other City Approvals may be required, in conformance with the City’s Codes. (b) Upon Franchisee’s demonstration that the Section XV.3.2(a) design is not technically feasible: On existing poles within the Right‐of‐Way, in conformance with the City’s Codes. (c) Upon Franchisee’s demonstration that the Section XV.3.2(a) and Section XV.3.2(b) designs are not technically feasible: On existing or proposed traffic signals, provided that safety standards are met, and in conformance with the City’s Codes. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 33 Section XV.3.3 Existing Infrastructure; Master Lease Agreements and Site Specific Agreements. (a) Franchisee acknowledges and agrees that if Franchisee requests to place new or replacement structures, as described in RCW 35.21.860, in the Rights‐of‐Way or place Facilities on City‐owned structures, which are not otherwise covered under a master lease agreement with the City, then Franchisee may be required to enter into a site specific agreement consistent with RCW 35.21.860 in order to construct such Facilities in the Right‐of‐Way. Such agreements may require a site specific charge payable to the City. The approval of a site specific agreement is at the discretion of each of the parties thereto. (b) This Section XV.3.3 does not place an affirmative obligation on the City to allow the placement of new infrastructure on public property or in the Rights‐of‐Way, nor does it relieve Franchisee from any provision of the City’s Codes related to the siting of wireless facilities. (c) Replacement poles or structures are permissible provided that Franchisee removes the old pole or structure promptly, but no more than thirty (30) days after the installation of the replacement pole or structure. Section XV.3.4 Concealment. Franchisee shall construct its Facilities consistent with applicable concealment or stealth requirements as described in the City’s Codes, as the same exist or are hereinafter amended, or in the applicable permit(s), lease, site specific agreement or license agreement, in order to minimize the visual impact of such Facilities. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 34 Section XV.3.5 Light and Noise Requirements. Each Small Cell Facility must comply with the City’s Codes’ requirements pertaining to light and noise. Section XV.4 Eligible Facilities Requests. The parties acknowledge that it is the intent of this Franchise to provide general authorization to use the Rights‐of‐Way for Small Cell Facilities. The designs in a Small Cell Permit, including the dimensions and number of antennas and equipment boxes and the pole height are intended and stipulated to be concealment features when considering whether a proposed modification is a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a). Section XV.5 Inventory. Franchisee shall maintain a current inventory of Small Cell Facilities throughout the Term of this Franchise, which Franchisee shall provide to the City within thirty (30) days of a reasonable request by the City. The inventory report shall include GIS coordinates, date of installation, type of pole used for installation, description/type of installation for each Small Cell Facility installation and photographs taken before and after the installation of the Small Cell Facility and taken from the public street. Small Cell Facilities that are considered Deactivated Facilities, as described in Section 17.1, shall be included in the inventory report and Franchisee shall provide the same information as is provided for active installations as well as the date the Facilities were deactivated and the date the Deactivated Facilities were removed from the Right‐of‐Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any discrepancies. Franchisee is not required to report on future inventory reports any Deactivated Facilities which were removed from the Right‐of‐Way since the last reported inventory, and may thereafter omit reference to the Deactivated Facilities. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 35 Section XV.6 Graffiti Abatement. As soon as practical, but not later than fourteen (14) days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all graffiti on any of its Small Cell Facilities in which it is the owner of the pole or structure or on the Small Cells Facilities themselves attached to a third party pole (i.e. graffiti on the shrouding protecting the radios). The foregoing shall not relieve Franchisee from complying with any City graffiti or visual blight ordinance or regulation. SECTION XVI. Insurance. Section XVI.1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the Public Ways, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of rights, privileges and authority granted to Franchisee under this Franchise. Franchisee shall require that every contractor maintain substantially the same insurance coverage with substantially the same policy limits as required of Franchisee, or otherwise reasonably approved by the City, while doing work hereunder. Franchisee shall procure insurance from insurers with a current A.M. Best rating of not less than A‐. Franchisee shall provide a copy of a certificate of insurance and blanket additional insured endorsement to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence a policy of insurance that includes: (a) Automobile Liability insurance with limits of a minimum of $5,000,000 combined single limit each accident for bodily injury and property damage; (b) Commercial General Liability insurance, written on an occurrence basis with total limits of a minimum of $5,000,000 per occurrence for bodily injury and property damage and a minimum of $5,000,000 general aggregate including premises, AGENDA ITEM # 9. s) ORDINANCE NO. ________ 36 operations, independent contractors, products and completed operations; explosion, collapse and underground (XCU); (c) Workers’ Compensation coverage or qualified self‐insurance as required by the Industrial Insurance laws of the State of Washington; and (d) Excess Umbrella liability policy with limits of a minimum of $5,000,000 per occurrence and in the aggregate. Section XVI.2 Payment of deductible or self‐insured retention shall be the sole responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this Section XVI. Section XVI.3 The insurance policies, with the exception of Workers’ Compensation obtained by Franchisee shall include the City, its officers, officials, and employees (“Additional Insureds”), as an additional insured under this Agreement with regard to activities performed by or on behalf of Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall provide to the City a certificate of insurance and blanket additional insured endorsement. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee’s obligations to fulfill the requirements. Franchisee’s insurance shall be primary insurance with respect to the Additional Insureds. Any insurance maintained by the Additional Insureds shall be in excess of Franchisee’s insurance and shall not contribute with it. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 37 Section XVI.4 Upon receipt of notice from its insurer(s), Franchisee shall provide the City with thirty (30) days' prior written notice of any cancellation of any insurance policy, required pursuant to this Section XVI, that is not replaced. If not replaced, Franchisee shall, prior to the effective date of such cancellation, obtain replacement insurance policies meeting the requirements of this Section XVI. Failure to provide the insurance cancellation notice and to furnish to the City replacement insurance policies meeting the requirements of this Section XVI shall be considered a material breach of this Franchise and subject to the City’s election of remedies described in Section XXI below. Notwithstanding the cure period described in Section XXI.2, the City may pursue its remedies immediately upon a failure to furnish replacement insurance. Section XVI.5 Franchisee’s maintenance of insurance as required by this Section XVI shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or equity. Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. Section XVI.6 As of the Effective Date of this Franchise, Franchisee is not self‐insured. Should Franchisee wish to become self‐insured at the levels outlined in this Franchise at a later date, Franchisee shall comply with the following: (i) provide the City, upon request, a copy of Franchisee’s, or its parent company’s, most recent audited financial statements if such financial statements are not otherwise publically available; (ii) Franchisee or its parent company is responsible for all payments within the self‐insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification terms of this Franchise. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 38 SECTION XVII. Abandonment of Franchisee’s Telecommunications Network. Section XVII.1 Where any Facilities or portions of Facilities are no longer needed and their use is to be discontinued, the Franchisee shall immediately report such Facilities in writing (“Deactivated Facilities”) to the Community and Economic Development Administrator or its designee. This notification is in addition to the inventory revisions addressed in Section XV.5. Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days and the site, pole or infrastructure restored to its pre‐existing condition. Section XVII.2 If Franchisee leases a structure from a landlord and such landlord later abandons the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within ninety (90) days of such notification from the landlord at no cost to the City and shall remove the pole if so required by the landlord. Section XVII.3 Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights‐of‐Way within ninety (90) days of receiving written notice from the Community and Economic Development Administrator or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee’s Facilities must be first approved by the Community and Economic Development Administrator or its designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Rights‐of‐Way to at least the same condition that the Rights‐of‐Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, reasonable wear and tear and casualty excepted, provided Franchisee shall not be responsible for any damages to the Rights‐of‐Way not caused by Franchisee or any person doing AGENDA ITEM # 9. s) ORDINANCE NO. ________ 39 work for Franchisee. All work performed within the Rights‐of‐Way shall be performed in accordance with the City’s Codes. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section XVII.4 Notwithstanding Section XVII.1 above, the City may permit Franchisee’s Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City all necessary instruments for transferring ownership to the City. Section XVII.5 Any Facilities that are not removed within one hundred eighty (180) days of either the date (i) of termination or revocation of this Franchise, or (ii) the City issued a permit authorizing removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this Section XVII shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. Section XVII.6 The provisions of this Section XVII shall survive the expiration, revocation, or termination of this Franchise and for so long as Franchisee has Facilities in Rights‐of‐Way. SECTION XVIII. Bonds. Performance Bond. Franchisee shall furnish a performance bond (“Performance Bond”) written by a corporate surety reasonably acceptable to the City equal to at least one hundred fifty percent (150%) of the estimated cost of constructing Franchisee’s Facilities, excluding materials, within the Rights‐of‐Way of the City prior to commencement of any such work. The Performance Bond shall guarantee the following: (1) AGENDA ITEM # 9. s) ORDINANCE NO. ________ 40 timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights‐of‐Way and other City properties affected by the construction; (5) submission of as‐built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as‐built drawings, and the posting of a Maintenance Bond as described in Section XVIII.2. Compliance with the Performance Bond requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.1. In lieu of a separate Performance Bond for individual projects involving work in the Franchise Area, Franchisee may satisfy the City’s bond requirements by posting a single on‐going performance bond in an amount approved by City. Section XVIII.2 Maintenance Bond. Franchisee shall furnish a two (2)‐year maintenance bond (“Maintenance Bond”), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights‐of‐Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work, excluding materials. The Maintenance Bond in this Section XVIII.2 must be in place prior to City’s release of the bond required by Section XVIII.1. Compliance with the Maintenance Bond requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.2. In lieu of a separate Maintenance Bond for individual projects involving work in the Franchise Area, AGENDA ITEM # 9. s) ORDINANCE NO. ________ 41 Franchisee may satisfy the City’s bond requirements by posting a single on‐going maintenance bond in an amount approved by City. Section XVIII.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) (“Franchise Bond”) running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section XVIII shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. SECTION XIX. Modification. The City and Franchisee hereby reserve the right to alter, amend, or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. SECTION XX. Revocation. If Franchisee willfully violates or fails to comply with any material provisions of this Franchise, then at the election of the Renton City Council after at least thirty (30) days' written notice to Franchisee specifying the alleged violation or failure, the City may revoke all rights conferred and this Franchise may be revoked by the City Council after a hearing held upon such notice to Franchisee. Such hearing shall be open to the public and AGENDA ITEM # 9. s) ORDINANCE NO. ________ 42 Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. Within thirty (30) days after the hearing, the Renton City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Renton City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Renton City Council does not grant any additional period, the Renton City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. SECTION XXI. Remedies to Enforce Compliance. Section XXI.1 The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as AGENDA ITEM # 9. s) ORDINANCE NO. ________ 43 otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. Section XXI.2 If Franchisee shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written notice specifying with reasonable particularity the nature of any such breach and Franchisee shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the City may specify a longer cure period, and condition the extension of time on Franchisee's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or Franchisee does not comply with the specified conditions, the City may, at its discretion, (1) revoke this Franchise with no further notification, or (2) claim damages of two hundred fifty dollars ($250.00) per day against the Franchise Bond set forth in Section XVIII.3, or (3) pursue other remedies as described in Section XXI.1 above. Liquidated damages described in this Section XXI.2 shall not be offset against any sums due to the City as a tax or reimbursement pursuant to Section XIV. SECTION XXII. Non‐Waiver. The failure of the City to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 44 SECTION XXIII. City Ordinances and Regulations. Nothing herein shall be deemed to restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to reasonably control by appropriate regulations the location, elevation, manner of construction and maintenance of Facilities by Franchisee, and Franchisee shall promptly conform with all such regulations, unless compliance would cause Franchisee to violate other requirements of law. In the event of a conflict between the provisions of this Franchise and any other generally applicable ordinance(s) enacted under the City’s police power authority, such other ordinances(s) shall take precedence over the provisions set forth herein. SECTION XXIV. Cost of Publication. The cost of publication of this Franchise shall be borne by Franchisee, if applicable. SECTION XXV. Acceptance. Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Exhibit B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section XVI, any Performance Bond, if applicable, pursuant to Section XVIII.1 and the Franchise Bond required pursuant to Section XVIII.3. The administrative fee pursuant to Section XIV.1 is due within thirty (30) days of receipt of the invoice from the City. SECTION XXVI. Survival. All of the provisions, conditions, and requirements of Section V, Section VI, Section VIII, Section VII, Section XVII, Section XXVI, Section XXVII.3, Sections XXXVIII.1 through XXXVIII.5, and Section XXXVIII.9 of this Franchise shall be in addition to any and AGENDA ITEM # 9. s) ORDINANCE NO. ________ 45 all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City’s Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof, or as otherwise provided herein. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. SECTION XXVII. Assignment. Section XXVII.1 This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this Franchise, without City approval, in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a change of control as described in Section XXVII.2 below, to an entity that acquires all or substantially all of Franchisee’s assets in the market defined by the Federal Communication Commission in which the Franchise Area is located, or for collateral security purposes. Franchisee shall provide prompt, written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section XXVII, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee’s stock; provided, AGENDA ITEM # 9. s) ORDINANCE NO. ________ 46 however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. After any assignment as provided hereunder, Franchisee shall be relieved of all obligations and liability arising after the date of such assignment. Section XXVII.2 Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the ultimate ownership or working control of Franchisee, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or bandwidth of Franchisee’s Facilities, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City’s consent within one hundred twenty (120) days of a completed application from Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120)‐day period. In the event that the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been affected, the City may revoke this Franchise, following the revocation procedure described in Section XX above. The assignee or transferee must have the legal, technical, financial, and other requisite qualifications to own, hold, and operate Franchisee’s Services. Franchisee shall reimburse the City for all direct AGENDA ITEM # 9. s) ORDINANCE NO. ________ 47 and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise, in accordance with the provisions of Section XIV.2 and Section XIV.3, and shall pay the applicable application fee. Section XXVII.3 Franchisee may, without prior consent from the City: (i) lease the Facilities, or any portion, to another person; (ii) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or (iii) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain exclusive control over its Facilities and remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies, to the extent applicable, with the requirements of this Franchise and applicable City requirements. Franchisee’s obligation to remain fully responsible for compliance with the terms under this Section XXVII.3 shall survive the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. SECTION XXVIII. Extension. If this Franchise expires without renewal, the City may, subject to applicable law: (a) Allow Franchisee to maintain and operate its Facilities on a month‐to‐month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or AGENDA ITEM # 9. s) ORDINANCE NO. ________ 48 (b) The City may order the removal of any and all Facilities at Franchisee’s sole cost and expense consistent with Section XVII. SECTION XXIX. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. SECTION XXX. Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee’s Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. SECTION XXXI. Vacation. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify the Franchisee in writing not less than ninety (90) days before vacating all or any portion of any such area. The City may, after ninety (90) days' written notice to the Franchisee, terminate this Franchise with respect to such vacated area. SECTION XXXII. Notice. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: City: City of Renton Attn: Administrator, Community & Economic Development Department 1055 South Grady Way Renton, WA 98057 Franchisee: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Attn: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 AGENDA ITEM # 9. s) ORDINANCE NO. ________ 49 With a copy to: City of Renton Attn: City Attorney 1055 South Grady Way Renton, WA 98057 With a copy to: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Attn: Pacific Market General Counsel 15505 Sand Canyon Avenue Irvine, CA 92618 SECTION XXXIII. Severability. If any Section, sentence, clause or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Section, sentence, clause or phrase of this Franchise unless such invalidity or unconstitutionality materially alters the rights, privileges, duties, or obligations hereunder, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such court’s ruling. SECTION XXXIV. Compliance with All Applicable Laws. Franchisee agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations, except to the extent that the Franchisee has a vested right in accordance with the vested rights doctrine under Washington case law or as codified at RCW 19.27.095, including all City requirements relating to the provisions of the State Environmental Policy Act (“SEPA”), unless otherwise exempt. This Franchise is subject to ordinances of general applicability enacted pursuant to the City’s police powers. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, AGENDA ITEM # 9. s) ORDINANCE NO. ________ 50 amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation upon providing Franchisee with thirty (30) days' written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written request for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within forty‐five (45) days after the call for negotiations, City may enact the proposed amendment, by incorporating Franchisee's concerns to the maximum extent City deems possible. SECTION XXXV. Attorneys’ Fees. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys’ fees, costs, expenses and attorneys’ fees upon appeal of any judgment or ruling. SECTION XXXVI. Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys’ fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Franchisee’s use, storage, release, or disposal of hazardous substances, whether or not intentional, and the use, storage, release, AGENDA ITEM # 9. s) ORDINANCE NO. ________ 51 or disposal of such substances by Franchisee’s agents, contractors or other persons acting under Franchisee’s control, whether or not intentional. SECTION XXXVII. Licenses, Fees and Taxes. Prior to constructing any improvements, Franchisee shall obtain a business or utility license from the City. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. SECTION XXXVIII. Miscellaneous. Section XXXVIII.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property, caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted by this Franchise. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee’s prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section XXXVIII.2 Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its indemnification obligations under this Franchise. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 52 Section XXXVIII.3 The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section XXXVIII.3. The City’s failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee’s ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City’s reasonable costs for defense of the action, including all expert witness fees, costs, and attorney’s fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City’s fees and expenses shall include all out‐of‐pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside AGENDA ITEM # 9. s) ORDINANCE NO. ________ 53 attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section XXXVIII.4 Except to the extent that damage or injury arises from the negligence or willful misconduct of the City, its employees, agents, volunteers, elected officials or contractors, the obligations of Franchisee under the indemnification provisions of Section XXXVIII and any other indemnification provision herein shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the concurrent negligence of the City, its officers, agents, employees or contractors. Notwithstanding the proceeding sentence, to the extent the provisions of RCW 4.24.115 are applicable, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee’s waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification, relating solely to indemnity claims made by the City directly against the Franchisee for claims made against the City by Franchisee’s employees. This waiver has been mutually negotiated by the parties. Section XXXVIII.5 Notwithstanding any other provisions of Section XXXVIII, Franchisee assumes the risk of damage to its Facilities located in the Public Ways and upon City‐owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or AGENDA ITEM # 9. s) ORDINANCE NO. ________ 54 destruction is caused by or arises from any sole negligence, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee’s Facilities as the result of any interruption of service due to damage or destruction of Franchisee’s Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful misconduct on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section XXXVIII.6 The indemnification provisions of Sections XXXVIII.1 through XXXVIII.5 shall survive the expiration, revocation, or termination of this Franchise. Section XXXVIII.7 Franchisee is solely responsible for determining whether its Small Cell Facilities interfere with telecommunications facilities of utilities and other franchisees within the Rights‐of‐Way. Franchisee shall comply with the rules and regulations of the Federal Communications Commission regarding radio frequency interference when siting its Small Cell Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and AGENDA ITEM # 9. s) ORDINANCE NO. ________ 55 obligations under this Franchise shall not physically or technically interfere in any manner with the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as expressly permitted by applicable law or this Franchise, and as long as such equipment is operating in accordance with applicable laws and regulations. Section XXXVIII.8 City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Section XXXVIII.9 This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or King County Superior Court. Section XXXVIII.10 Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section XXXVIII.11 Where the context so requires, the singular shall include the plural and the plural includes the singular. Section XXXVIII.12 Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. AGENDA ITEM # 9. s) ORDINANCE NO. ________ 56 Section XXXVIII.13 This Franchise may be enforced at both law and equity. Section XXXVIII.14 Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment’s compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee’s failure to comply with such requirements, except to the extent such failure is due to the actions or inactions of the City. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee’s equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee’s expense. SECTION XXXIX. Ordinance Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title (“Effective Date”). PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. ________________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. ________________________________ Denis Law, Mayor AGENDA ITEM # 9. s) ORDINANCE NO. ________ 57 Approved as to form: ________________________________ Shane Moloney, City Attorney Date of Publication: __________ ORD:2093:10/24/19 AGENDA ITEM # 9. s) ORDINANCE NO. ________ 58 SUMMARY OF ORDINANCE NO. (201_) City of Renton, Washington ______________________________________________________________________________ On the ___ day of _______, 201__, the City Council of the City of Renton passed Ordinance No. _____. A summary of the content of said Ordinance, consisting of the title, is provided as follows: AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS‐OF‐WAY OF THE CITY OF RENTON, WASHINGTON. The full text of this Ordinance will be mailed upon request. ___________________________________ CITY CLERK FILED WITH THE CITY CLERK: , 201_ PASSED BY THE CITY COUNCIL: _______, 201_ PUBLISHED: ______, 201_ EFFECTIVE DATE: , 201_ ORDINANCE NO.: (201_) AGENDA ITEM # 9. s) EXHIBIT A FRANCHISEE’S INITIAL DEPLOYMENT PLAN Design of the small cell facilities will follow the City’s standard detail, as noted in Section XV.3 Design. AGENDA ITEM # 9. s) EXHIBIT B STATEMENT OF ACCEPTANCE ___________________________________, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. Seattle SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership, its General Partner By: _______________________ Name: ____________________ Title: ____________________ Date: ______________________ STATE OF ________________ ) )ss. COUNTY OF ______________ ) On this ____ day of _______________, 201_, before me the undersigned, a Notary Public in and for the State of _________________, duly commissioned and sworn, personally appeared, __________________ of Cellco Partnership, General Partner of Seattle SMSA Limited Partnership d/b/a Verizon Wireless, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. _____________________________________________ Signature _____________________________________________ NOTARY PUBLIC in and for the State of __________________, residing at ________________________ MY COMMISSION EXPIRES: ______________________________ AGENDA ITEM # 9. s) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS‐OF‐WAY OF THE CITY OF RENTON, WASHINGTON. WHEREAS, New Cingular Wireless PCS, LLC (the “Franchisee”) has requested that the Renton City Council grant a nonexclusive franchise (this “Franchise”), and WHEREAS, the Renton City Council has the authority to grant Franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040, as allowed by this franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Franchise Granted. Section I.1 Pursuant to RCW 35A.47.040, the City of Renton, a Washington municipal corporation (hereinafter the “City”), hereby grants to the Franchisee, its affiliates, heirs, successors, legal representatives and assigns, subject to the terms and conditions hereinafter set forth, a Franchise for a period of five (5) years, beginning on the effective date of this ordinance, set forth in Section XXXIX herein. At any time not less than sixty (60) days before the expiration of the current Franchise term, Franchisee may make a written request for an additional Franchise term of five (5) years. City shall grant such request to Franchisee, in accordance with then‐ applicable laws, unless Franchisee is or has been in default of the terms of this Franchise beyond applicable notice and cure periods. Section I.2 This Franchise ordinance grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, relocate, repair, upgrade, remove, excavate, acquire, AGENDA ITEM # 9. t) ORDINANCE NO. ________ 2 and use the Small Cell Facilities, as defined in Section II.2, for its telecommunications network, in, under, on, across, over, through, along or below the public Rights‐of‐Way located in the City of Renton, as approved pursuant to the Renton Comprehensive Plan, the City’s design and construction standards, and the Renton Municipal Code (collectively, the “City’s Codes”), and permits issued pursuant to this Franchise. Public “Rights‐of‐Way” means the surface of, and the space above and below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk, lane, public way, drive, circle, pathways, spaces, utility easements (unless there are relevant use, structure or other restrictions) or other public right of way which, under City ordinances or applicable laws, the City has authority to grant franchises, licenses, or leases for use thereof, or has regulatory authority there over and only to the extent such Rights‐of‐Way are opened and improved. Rights‐of‐Way for the purpose of this Franchise do not include: (a) any other City property, such as the Renton Municipal Airport, City utility facilites and City parks even if there are access ways over such property; (b) state highways; (c) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c) federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state parks and recreation commission; or (e) federally granted railroad rights‐of‐way acquired under 43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle use. Section I.3 Franchisee intends to initially deploy Facilities in the locations indicated and using the designs described on attached Exhibit A (the “Initial Deployment Plan”); however, the Initial Deployment Plan attached hereto is for informational purposes only and in no way limits or restricts Franchisee’s ability to deploy additional Facilities in additional locations within the City under this Franchise, nor shall an amendment to this Franchise be required to allow such additional Facilities and locations. Inclusion of the Initial Deployment Plan in this Franchise is not a binding commitment to construct the Facilities described in Exhibit A, nor is it a substitute for AGENDA ITEM # 9. t) ORDINANCE NO. ________ 3 any City required approvals to construct Franchisee’s Facilities in the Rights‐of‐Way (“City Approvals”). Section I.4 If a direct conflict exists or arises such that the Franchisee or the City or both cannot comply with both the terms of this Franchise and the City’s Codes, the terms of this Franchise shall prevail. This provision shall be narrowly construed. Section II. Authority Limited to Occupation of Rights‐of‐Way for Services; Definition of Facilities. Section II.1 The authority granted herein is a limited authorization to occupy and use the Rights‐of‐Way throughout the City (the “Franchise Area”). The Franchisee is authorized to place its Facilities in the Rights‐of‐Way only consistent with this Franchise and the City’s Codes. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights‐ of‐Way of the City to the Franchisee other than for the purpose of providing telecommunications services. Franchisee hereby warrants that it expects to provide the following services within the City: small cell network consisting of a collection of interrelated Small Cell Facilities designed to deliver personal wireless services and any other wireless communications services that Franchisee may lawfully provide (the “Services”). Section II.2 As used herein, “Small Cell Facilities” or “Facilities” means a personal wireless services facility that meets both of the following qualifications: (i) each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and (ii) primary equipment enclosures are no larger than twenty‐eight (28) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume (but remain included in the definition of Small Cell Facilities): Electric meter, concealment, telecomm demarcation box, ground‐based enclosures, battery back‐up power systems, grounding equipment, power transfer switch, and cut‐off switch. Small Cell Facilities shall also include all necessary cables, transmitters, receivers, equipment boxes, backup power supplies, power transfer switches, electric meters, coaxial cables, wires, AGENDA ITEM # 9. t) ORDINANCE NO. ________ 4 conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient appurtenances used for the specific wireless communications facility. Equipment enclosures with air conditioning, or other noise generating equipment are excluded from “Small Cell Facilities.” Except as may be otherwise provided herein, Services do not include personal wireless services and associated facilities that fall outside of the definition of Small Cell Facilities (i.e. macro facilities). Section II.3 This Franchise does not grant Franchisee the right to install and operate wires and facilities to provide wireline broadband transmission services, whether provided by a third party provider, Franchisee, or a corporate affiliate of Franchisee. Any entity that provides such wireline broadband transmission services must have an independent franchise to use the Rights‐ of‐Way outside of this Franchise. Further, this Franchise does not grant the right to offer cable internet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6) by wireline transmission. Section II.4 No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right‐of‐Way, or upon private property without the owner’s consent, or upon any City, public or privately owned poles or conduits is granted herein. Nothing contained within this Franchise shall be construed to grant or convey any right, title, or interest in the Rights‐of‐Way of the City to Franchisee other than for the purpose of providing the Services, or to subordinate the primary use of the Right‐of‐Way as a public thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall request a written amendment to this Franchise. If Franchisee desires to use City owned assets, including poles and structures within the Rights‐of‐Way, it shall enter into a separate lease, site specific agreement, or license agreement with the City. Section II.5 Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise provided: AGENDA ITEM # 9. t) ORDINANCE NO. ________ 5 (a) Franchisee at all times retains exclusive control over its telecommunications system, Facilities, and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise; (c) Such customer or lessee shall not be construed to be a third‐party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, nor to sell or offer for sale any service to the citizens of the City without all required business licenses, franchise or other form of state wide approval. Section III. Non‐Exclusive Franchise Grant. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, along, over, through, under, below, or across any said Rights‐of‐Way. This Franchise shall in no way prevent or prohibit the City from using any of said roads, streets, or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Rights‐of‐Way, thoroughfares and other public properties of every type and description. Section IV. Location of Telecommunications Network Facilities. Section IV.1 Franchisee may locate its Facilities anywhere within the Franchise Area consistent with this Franchise and the City’s Codes. Franchisee shall not be required to amend this Franchise to construct or acquire Facilities within the Franchise Area, provided that Franchisee does not expand its Services beyond those described in Section II. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 6 Section IV.2 To the extent that any Facilities within the Franchise Area are located within part of the state highway system (“State Highways”) governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that: (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. Section V. Relocation of Telecommunications Network Facilities. Section V.1 Relocation Requirement. The City may require Franchisee, and Franchisee agrees and covenants to protect, support, temporarily disconnect, relocate, or remove its Facilities within the Right‐of‐Way when reasonably necessary for construction, alteration, repair, or improvement of the Right‐of‐Way for purposes of and for public welfare, health, or safety or traffic conditions, dedications of new Rights‐of‐Way and the establishment and improvement of existing Rights‐of‐Way, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity or as otherwise necessary for the operations of the City or other governmental entity, provided that Franchisee shall in all such cases have the privilege to temporarily bypass in the authorized portion of the same Rights‐of‐Way upon approval by the City, which approval shall not unreasonably be withheld or delayed, any Facilities required to be temporarily disconnected or removed. For the avoidance of doubt, such projects shall include AGENDA ITEM # 9. t) ORDINANCE NO. ________ 7 any Right‐of‐Way improvement project or City utility improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit and at the request of or contracted by the City, but shall not include, without limitation, any other improvement or repairs undertaken by or for the benefit of third party private entities. Collectively all such projects described in this Section V.1 shall be considered a “Public Project”. Except as otherwise provided by law or as otherwise agreed to in this Franchise, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section V.1 shall be borne by Franchisee. Section V.2 Relocation ‐ Third Party Structures. If the request for relocation from the City originates due to a Public Project, in which structures or poles are either replaced or removed, then Franchisee shall relocate or remove its Facilities as required by the City, and at no cost to the City, subject to the procedure in Section V.5. Franchisee acknowledges and agrees, that the placement of Small Cell Facilities on third party‐owned structures does not convey an ownership interest in such structures. Franchisee acknowledges and agrees, that to the extent Franchisee’s Small Cell Facilities are on poles owned by third parties, the City shall not be responsible for any costs associated with requests for relocation which the City makes solely for aesthetic purposes and with requests arising out of a Public Project. Section V.3 Relocation ‐ Franchisee Owned Structures. The cost of relocation of any Franchisee owned poles or structures shall be determined in accordance with the requirements of RCW 35.99.060(3)(b), provided, however, that the Franchisee may opt to pay for the cost of relocating its Small Cell Facilities in order to provide consideration for the City’s approval to site a Small Cell Facility on Franchisee owned structures or poles in a portion of the Right‐of‐Way designated or proposed for a Public Project. For this Section V.3, designation of the Right‐of‐Way for a Public Project shall be undertaken in the City’s Comprehensive Plan in accordance with the requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to the Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element, Utilities element, or Utility Capital Improvement Program (CIP) and any other element authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this provision is AGENDA ITEM # 9. t) ORDINANCE NO. ________ 8 mutually beneficial to the parties, as the City may otherwise deny the placement of the Small Cell Facility at a particular site because of the cost impact of such relocation and the conflict with the City’s Comprehensive Plan. Section V.4 Locate. Upon request of the City, or a third party performing work in the Right‐of‐Way, and in order to facilitate the design of City street and Right‐of‐Way improvements or City utility improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities’ location may be taken into account in the improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the City’s Public Projects shall be made by the City upon review of the location and construction of Franchisee’s Facilities. The City shall provide Franchisee at least thirty (30) days’ written notice prior to any excavation or exposure of Facilities. Section V.5 Notice and Relocation Process. If the City determines that a Public Project necessitates the relocation of Franchisee’s existing Facilities, the City shall: (a) At least ninety (90) days prior to commencing construction of the Public Project, provide Franchisee with written notice requiring such relocation; provided, however, that in the event of an emergency situation, defined for purposes of this Franchise as a condition posing an imminent threat to property, life, health, or safety of any person or entity, the City shall give Franchisee written notice as soon as practicable; and (b) At least ninety (90) days prior to commencing the Public Project, provide Franchisee with copies of pertinent portions of the plans and specifications for the Public Project and cooperate with Franchisee in its identification of a proposed location for Franchisee’s Facilities so that Franchisee may relocate its Facilities in other Rights‐of‐Way in order to accommodate such Public Project; and (c) After receipt of such notice and such plans and specifications, Franchisee shall complete relocation of its Facilities at least ten (10) days prior to commencement of the AGENDA ITEM # 9. t) ORDINANCE NO. ________ 9 construction of the Public Project at no charge or expense to the City, except as otherwise provided by law. Relocation shall be accomplished in such a manner as to accommodate the Public Project. Section V.6 Alternative Designs. Franchisee may, within thirty (30) days after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. Such alternatives must be submitted to the City at least sixty (60) days prior to commencement of the project. The City shall evaluate the alternatives and advise Franchisee in writing within ten (10) days after receipt of Franchisee’s alternative if one or more of the alternatives are suitable to accommodate the work that would otherwise necessitate relocation of the Facilities. If so requested by the City, Franchisee shall submit at its sole cost and expense additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Franchisee full and fair consideration. In the event the City ultimately determines that there is no other reasonable or feasible alternative, Franchisee shall relocate its Facilities as otherwise provided in this Section V. Section V.7 Alternative Arrangements. The provisions of this Section V shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City‐ owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section V.8 Contractor Delay Claims. If Franchisee breaches its obligations under chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this Section with respect to relocating its Facilities, and to the extent such breach causes a delay in the work being undertaken by the City’s third party contractor(s) that results in a claim by the third party contractor(s) for actual and documented costs, expenses and/or damages that are directly caused by such delay and are legally required to be paid by the City (each, a “Contractor Delay Claim”), the City may at its sole option: AGENDA ITEM # 9. t) ORDINANCE NO. ________ 10 (a) tender the Contractor Delay Claim to Franchisee for defense and indemnification in accordance with Section V.9 and Section XXXVIII; or (b) require that Franchisee reimburse the City for any such costs, expenses, and/or damages that are legally required to be paid by the City to its third party contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the City requires reimbursement by Franchisee under Section V.8(b), the City shall first give Franchisee written notice of the Contractor Delay Claim and give Franchisee the opportunity to work with the third party contractor(s) to resolve the Contractor Delay Claim for a period of not less than sixty (60) days prior to the City's payment of the Contractor Delay Claim. Section V.9 Relocate Indemnification. Franchisee will indemnify, hold harmless, and pay the costs of defending the City, in accordance with the indemnification provisions of Section XXXVIII, against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the sole negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section V.10 Moving a Building. Whenever any person shall have obtained permission from the City to use any Right‐of‐Way for the purpose of moving any building, Franchisee, upon thirty (30) days’ written notice from the City, shall raise, remove, or relocate to another part of the Right‐of‐Way, at the expense of the person desiring to move the building, any of Franchisee’s Facilities that may obstruct the removal of such building. Section V.11 City’s Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outlined in 5.1 through 5.6 the City may perform such work or cause it to be done, and the City’s actual and documented costs shall be paid by Franchisee pursuant to Section XIV.2 and XIV.3. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 11 Section V.12 Survival. The provisions of this Section V shall survive the expiration or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights‐of‐Way. Section VI. Undergrounding of Facilities. Section VI.1 Franchisee hereby acknowledges and agrees that whenever the City requires the undergrounding of the aerial utilities in any area of the City, and when such undergrounding includes the removal of structures on which the Facilities are placed (e.g. electric utility poles) the City may require the Franchisee to remove and relocate its Facilities. Notwithstanding the foregoing, placing Facilities underground is not intended to preclude the use of small cell antennas, ground‐mounted appurtenances, or other Facilities that must remain above‐ground to function properly. Facilities that may be reasonably altered to function properly below ground are not Facilities that may remain above‐ground, unless such alteration would create a hazard to people or property. Section VI.2 Franchisee shall not remove any underground Facilities that require trenching or other opening of the Rights‐of‐Way, except as provided in this Section VI.2. Franchisee may remove any underground Facilities from the Right‐of‐Way that have been installed in such a manner that it can be removed without trenching or other opening of the Right‐of‐Way, or if otherwise permitted by the City. When the City determines, in the City’s sole discretion, that Franchisee’s underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove such Facilities at Franchisee’s sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section VIII.2, prior to any such removal of underground Facilities from the Right‐of‐Way and must provide as‐built plans and maps pursuant to Section XVII.1. Section VI.3 The provisions of this Section VI shall survive the expiration, revocation, or termination of this Franchise. Nothing in this Section VI shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee’s Facilities. Section VII. Maps and Records. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 12 Section VII.1 Following the initial construction and installation of Facilities, Franchisee shall provide the City with accurate copies of as‐built plans and maps prepared by Franchisee’s design and installation contractors. These plans and maps shall be provided at no cost to the City, and shall include hard copies and digital files in Autocad or other industry standard readable formats that are acceptable to the City and delivered electronically. Further, Franchisee shall provide such maps within thirty (30) days following a request from the City. Franchisee shall warrant the accuracy of all plans, maps and as‐builts provided to the City. Section VII.2 Within thirty (30) days of a written request from the Community and Economic Development Administrator or designee, Franchisee shall furnish the City with information sufficient to demonstrate: 1) that the Franchisee has complied with all applicable requirements of this Franchise; and 2) that all utility taxes due the City in connection with the Franchisee’s services and Facilities provided by the Franchisee have been properly collected and paid by the Franchisee. Section VII.3 All books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights‐of‐Way shall be made available for inspection by the City at reasonable times and intervals; provided, however, that nothing in this Section VII.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section VII.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Section VII.4 Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose such information that is required under applicable law to comply with a utility tax audit. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City AGENDA ITEM # 9. t) ORDINANCE NO. ________ 13 shall promptly provide written notice of such disclosure so that Franchisee can take appropriate steps to protect its interests. Section VII.5 Nothing in Section VII.3 or Section VII.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non‐appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section VII.6 On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee’s records reasonably related to the administration or enforcement of this Franchise, in accordance with GAAP. Section VIII. Work in the Rights‐of‐Way Section VIII.1 During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other traffic control measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. The provisions of this Section VIII shall survive the expiration or termination of this Franchise and during such time as Franchisee continues to have Facilities in the Rights‐of‐Way. Section VIII.2 Whenever Franchisee shall commence work in any Rights‐of‐Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its AGENDA ITEM # 9. t) ORDINANCE NO. ________ 14 Facilities, it shall apply to the City for a right‐of‐way use permit to do so and, in addition, shall give the City at least twenty (20) working days prior notice (except in the case of an emergency) of its intent to commence work in the Rights‐of‐Way. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights‐of‐Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications and warranted for a period of two (2) years. In no case shall any work commence within any Rights‐of‐Way without a permit, except as otherwise provided in this Franchise. Section VIII.3 The City reserves the right to limit or exclude Franchisee’s access to a specific route, Right‐of‐Way or other location when, in the reasonable judgment of the Community and Economic Development Administrator or designee there is inadequate space (including but not limited to compliance with ADA clearance requirements and maintaining a clear and safe passage through the Rights‐of‐Way), a pavement cutting moratorium, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, or for any other reason determined by the Community and Economic Development Administrator or designee. Section VIII.4 If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise, the Franchisee shall afford the City, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section VIII.5 Except for emergency situations, as a courtesy, Franchisee shall give reasonable advance written (e.g., door hanger or direct mail) notice of intended construction to AGENDA ITEM # 9. t) ORDINANCE NO. ________ 15 residents within one hundred feet (100’) of the affected area. Such notice shall contain the Franchisee’s contact number, estimated dates, and nature and location of the work to be performed. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section VIII.6 Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section VIII.6 shall only apply to the extent necessary to protect above ground Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. All trimming, except in emergency situations, is to be done after the explicit prior written notification and approval of the City and at the expense of Franchisee. Franchisee may contract for such services; however, any firm or individual so retained must first receive City approval prior to commencing such trimming, which approval shall not be unreasonably withheld, conditioned, or delayed. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee shall indemnify, defend and hold harmless the City from third‐party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, any tree trimming that involves the removal of branches that are six inches or greater in diameter must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Community and Economic Development Administrator or designee. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 16 Section VIII.7 Franchisee shall meet with the City and other franchise holders and users of the Rights‐of‐Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights‐of‐Way. All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages and conflicts with City projects. Section VIII.8 Franchisee shall inform the City with at least thirty (30) days’ advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights‐of‐Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. Section IX. One Call Locator Service. Prior to doing any work in the Rights‐of‐Way, the Franchisee shall, follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the City or a third party, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section X. Safety Requirements. Section X.1 Franchisee shall, at all times, employ professional care and shall install and maintain and use industry‐standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights‐of‐Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, AGENDA ITEM # 9. t) ORDINANCE NO. ________ 17 upgrade, repair, or removal of its Facilities. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create hazard or undue vibration, heat, noise or any interference with City services. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section X.2 If an unsafe condition or a violation of Section X.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the necessary repairs and alterations within a reasonable time frame specified in such notice (and pursue such cure to completion), but in no event less than forty‐five (45) days, then the City may make such repairs or contract for them to be made. All actual and documented costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section XIV.1 to XIV.4. Section X.3 Additional safety standards include: (a) Franchisee shall endeavor to maintain all Facilities in an orderly manner, including, but not limited to, the placement of any cables connecting equipment in an orderly manner. (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry‐standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights‐of‐Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, steel plates, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 18 Section X.4 Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and (e) Establish conditions under which work may be resumed. Section XI. Work of Contractors and Subcontractors. Franchisee’s contractors and subcontractors shall be licensed and bonded in accordance with State law and the City’s ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section XII. Restoration after Construction. Section XII.1 Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Error! Reference source not found.07, promptly remove any obstructions from the Rights‐of‐Way and restore the surface of the Rights‐of‐Way to at least the same condition the Rights‐of‐Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, reasonable wear and tear excepted, and provided Franchisee shall not be responsible for any changes to the Rights‐ of‐Way not caused by Franchisee or anyone doing work for Franchisee. The Community and Economic Development Administrator or designee shall have final approval of the condition of such Rights‐of‐Way after restoration. All concrete encased survey monuments that have been AGENDA ITEM # 9. t) ORDINANCE NO. ________ 19 disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332‐120 WAC), and local standards and specifications. Section XII.2 Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards and warranted for a period of two (2) years and for undiscovered defects as is standard and customary for this type of work. Section XII.3 If conditions (e.g. weather) make the complete restoration required under this Section XII impracticable, Franchisee shall temporarily restore the affected Right‐of‐Way or property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section XII.4 In the event Franchisee does not repair or restore a Right‐of‐Way as required hereunder, within thirty (30) days after notice to Franchisee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section XIV.2 and Section XIV.3. In addition, and pursuant to Section XIV.2 and Section XIV.3, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section XXI.2. Section XII.5 The provisions of this Section XII shall survive the expiration or termination of this Franchise so long as Franchisee continues to have Facilities in the Rights‐of‐Way and has not completed all restoration to the City’s standards. Section XIII. Emergency Work/Dangerous Conditions. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 20 Section XIII.1 In the event of any emergency in which any of Franchisee’s Facilities located in the Rights‐of‐Way breaks, falls, becomes damaged, or if Franchisee’s Facilities is otherwise in such a condition as to immediately endanger the property, life, health or safety of any person, entity or the City, Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of any person, entity or the City without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Renton City Hall is open for business. The City retains the right and privilege to cut, move or remove any Facilities located within the Rights‐of‐Way of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. Section XIII.2 The City shall not be liable for any damage to or loss of Facilities within the Rights‐of‐Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights‐of‐Way by or on behalf of the City, except to the extent caused by the sole negligence or willful misconduct of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City’s actions under this Section XIII except to the extent caused by the sole negligence or willful misconduct of the City, its employees, contractors, or agents. Section XIII.3 Whenever the construction, installation or excavation of Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street, electrical or telecommunications utilities, City utilities, or City property, the Community and Economic Development Administrator or designee, may direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions AGENDA ITEM # 9. t) ORDINANCE NO. ________ 21 directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may access the Facilities and take such reasonable actions as are necessary to protect the public, the adjacent streets, City utilities, or street, electrical, or telecommunications utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the actual and documented costs thereof. Section XIV. Recovery of Costs, Taxes and Fees. Section XIV.1 Franchisee shall pay a fee for the actual administrative expenses incurred by the City that are directly related to receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City’s legal costs incurred in drafting and processing this Franchise. No permits shall be issued for the installation of authorized Facilities until such time as the City has received payment of this fee. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section XIV.3. Section XIV.2 Franchisee shall promptly reimburse the City in accordance with the provisions of Section XIV.3 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City agrees to simultaneously seek reimbursement from any franchisee or permit holder who caused or contributed to the emergency situation. Section XIV.3 Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee’s AGENDA ITEM # 9. t) ORDINANCE NO. ________ 22 proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee’s Facilities in the Rights‐of‐Way. Such costs and expenses shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to oversee or engage in any work in the Rights‐of‐Way as the result of the presence of Franchisee’s Facilities in the Rights‐of‐Way. Such costs and expenses shall also include Franchisee’s proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee’s Facilities. Section XIV.4 The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. At the City’s option, the billing may be on an annual basis, but the City shall provide the Franchisee with the City’s itemization of costs, in writing, at the conclusion of each project for information purposes. The City does not waive any right to charge an annual fee by separate permit or agreement for every small cell that is located on a City asset. (Refer to the City’s Fee Schedule for the applicable fee.) Section XIV.5 Franchisee hereby warrants that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a franchise fee on Franchisee if Franchisee’s operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply, or if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained AGENDA ITEM # 9. t) ORDINANCE NO. ________ 23 herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section XIV.6 Franchisee acknowledges that certain of its operations within the City constitute a telecommunication business subject to the utility tax imposed pursuant to the Renton Municipal Code Chapter 5‐11. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telecommunication business and that Franchisee shall pay to the City the rate applicable to such taxable services under Renton Municipal Code Chapter 5‐19, and consistent with state and federal law. The parties agree that if there is a dispute regarding tax payments, the process set forth under the Renton Municipal Code shall govern such dispute. The City may not enforce remedies provided for hereunder, or commence a forfeiture or revocation process permitted hereunder until all remedies afforded the City under the Renton Municipal Code or other judicial action have been exhausted, and only then if Franchisee does not comply with any such resolution. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend the Renton Municipal Code as may be permitted by law. Section XV. Permitting and Aesthetics. Section XV.1 Authority Section XV.1.1 City Retains Approval Authority. The City shall have the authority at all times to control by appropriately exercised police powers through ordinance or regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State of Washington, the location, elevation, manner of construction, and maintenance of any Small Cell Facilities by Franchisee, and Franchisee shall promptly conform with all such requirements, unless compliance would cause Franchisee to violate other requirements of law. This Franchise does not prohibit the City from exercising its rights under federal, state or local law to deny or give conditional approval to an application for a permit to construct any individual Small Cell Facility. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 24 Section XV.1.2 Unauthorized Facilities. Any Small Cell Facilities installations in the Right‐ of‐Way that were not authorized under this Franchise or other required City Approval (“Unauthorized Facilities”) will be subject to the payment of an Unauthorized Facilities charge by Franchisee. City shall provide written notice to Franchisee of any Unauthorized Facilities identified by City staff and Franchisee shall have thirty (30) days thereafter in which to establish that this site was authorized or obtain the applicable permit. Or longer than thirty (30) days if necessary upon the City’s consent so long as Franchisee can demonstrate that it has taken active steps to establish the authorization or apply for the permit within such thirty (30) day period. Failure to establish that the site is authorized will result in the imposition of an Unauthorized Facilities charge according to the City of Renton Fee Schedule starting on the thirty‐first (31st) day or the first day after the expiration of any extended period granted by the City. Franchisee may submit an application to the City under this Franchise for approval of the Unauthorized Facilities. If the application for the Unauthorized Facilities is not approved, Franchisee shall remove the Unauthorized Facilities from the Right‐of‐Way within thirty (30) days after the expiration of all appeal periods for such denial. The City shall not refund any Unauthorized Facilities charges, unless Franchisee is successful in an appeal. This Franchise remedy is in addition to any other remedy available to the City at law or equity. Section XV.2 Permits Section XV.2.1 Small Cell Permit. Franchisee shall apply for, and is required to obtain a City small cell permit (“Small Cell Permit”) prior to the construction and installation of each of its Small Cell Facilities in the Rights‐of‐Way. In addition to applicable requirements established by the City’s Codes for the Small Cell Permit, an application for the deployment of Small Cell Facilities shall include: (a) A site plan that includes the property lines, adjacent Rights‐of‐Way, private roads, existing utilities, and existing and proposed structures. The City may require the site plan to include all poles within 100 feet, if necessary. Maps shall be drawn at 1:20 scale; AGENDA ITEM # 9. t) ORDINANCE NO. ________ 25 (b) Scaled elevations depicting the design, size, and locations of proposed Small Cell Facilities. The design of the proposed Small Cell Facilities shall comply with the requirements of Section XV.3 (Design); (c) Photo simulations of the Small Cell Facility site showing current and proposed conditions for each proposed location; (d) A tree plan, shown either on the site plan required in this Section XV.2.1 or on a separate tree plan, but only for those Small Cell Facilities where Franchisee will prune any trees. The tree plan shall show the location, diameter, species of all significant trees (defined as conifers greater than 6 feet tall or deciduous trees greater than 6 inches in diameter at 4 ½ feet above the ground), clearly designate all eagle perch/nest trees, and draw an X through trees proposed to be removed or pruned. No trees may be pruned without the City’s approval provided in the Small Cell Permit, and shall be consistent with the requirements of Section VIII.6 of this Franchise; and, (e) Site Specific Traffic Control Plan prepared in accordance with the State of Washington Manual on Uniform Traffic Control Devices (MUTCD). Section XV.2.2 City Approvals. The granting of this Franchise is not a substitute for any City Approvals. The parties agree that City Approvals (except right‐of‐way use permits as described in Section VIII.2) are not considered use permits as that term is defined in RCW 35.99.010. These City Approvals do not grant general authorization to enter and utilize the Rights‐of‐Way but rather grant Franchisee permission to build its specific Small Cell Facilities. Therefore, City Approvals are not subject to the thirty (30) day issuance requirement described in RCW 35.99.030. The parties recognize that this provision is specifically negotiated as consideration for designating the entire City as the Franchise Area. Such City Approvals shall be issued consistent with the City’s Codes, state and federal laws governing wireless communication facility siting and shall be in addition to any permits required under Section VIII.2. This Section does not affect the thirty (30) day AGENDA ITEM # 9. t) ORDINANCE NO. ________ 26 issuance requirement described in RCW 35.99.030 required for use permits such as right‐ of‐way use permits and traffic control permits. Section XV.2.3 RF Exposure Compliance. Franchisee’s Small Cell Facilities must comply with all standards and regulations of the Federal Communications Commission and any other state or federal government agency with the authority to regulate exposure to radio frequency (RF) emissions or Electromagnetic Fields (“EMFs”) on or off any poles or structures in the right‐of‐way, including all applicable FCC standards, whether such RF or EMF presence or exposure results from the Small Cell Facility along or from the cumulative effect of the Small Cell Facility added to all other sources on or near the specific pole or structure. Franchisee, or its representative, must provide to the City a copy of the report (the “Emissions Report”) from a duly qualified engineer analyzing whether RF and EMF emissions at the proposed Small Cell Facility locations would comply with FCC standards. And, at the City’s written request, must conduct (at its own cost and expense) on‐site post‐installation RF emissions testing in accordance with applicable rules, and certify actual compliance with applicable RF emissions limits for general population/uncontrolled RF exposure, and provide a copy of such post‐installation compliance report to the City. Section XV.3 Design Section XV.3.1 City’s Standard Detail. This Franchise adopts the City’s Standard Detail 117 – as it now exists or is hereafter amended, supplemented, and/or renumbered (collectively, hereinafter “Standard Detail 117”) – as a pre‐authorized design for the Small Cell Facilities. Section XV.3.2 Order of Preference. This Franchise adopts the following order of preference for the design of Small Cell Facilities: AGENDA ITEM # 9. t) ORDINANCE NO. ________ 27 (a) Small Cell Facilities meeting Standard Detail 117. No conditional use permit is required to site Small Cell Facilities meeting Standard Detail 117; other City Approvals may be required, in conformance with the City’s Codes. (b) Upon Franchisee’s demonstration that the Section XV.3.2(a) design is not technically feasible: On existing poles within the Right‐of‐Way, in conformance with the City’s Codes. (c) Upon Franchisee’s demonstration that the Section XV.3.2(a) and Section XV.3.2 (b) designs are not technically feasible: On existing or proposed traffic signals, provided that safety standards are met, and in conformance with the City’s Codes. Section XV.3.3 Existing Infrastructure: Master Lease Agreements and Site Specific Agreements. (a) Franchisee acknowledges and agrees that if Franchisee requests to place new or replacement structures, as described in RCW 35.21.860, in the Rights‐of‐Way or place Facilities on City‐owned structures, which are not otherwise covered under a master lease agreement with the City, then Franchisee may be required to enter into a site specific agreement consistent with RCW 35.21.860 in order to construct such Facilities in the Right‐of‐Way. Such agreements may require a site specific charge payable to the City unless prohibited by law. The approval of a site specific agreement is at the discretion of each of the parties thereto. (b) This Section XV.3.3 does not place an affirmative obligation on the City to allow the placement of new infrastructure on public property or in the Rights‐of‐Way, nor does it relieve Franchisee from any provision of the City’s Codes related to the siting of wireless facilities. (c) Replacement poles or structures are permissible provided that Franchisee removes the old pole or structure promptly, but no more than thirty (30) days after the installation of the replacement pole or structure. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 28 Section XV.3.4 Concealment. Franchisee shall construct its Facilities consistent with the applicable concealment or stealth requirements as described in the City’s Codes as the same exist or are hereinafter amended, or in the applicable permit(s), lease, site specific agreement or license agreement, in order to minimize the visual impact of such Facilities. Section XV.3.5 Light and Noise Requirements. Each Small Cell Facility must comply with the City’s Codes’ requirements pertaining to light and noise. Section XV.4 Eligible Facilities Requests. The parties acknowledge that it is the intent of this Franchise to provide general authorization to use the Rights‐of‐Way for Small Cell Facilities. The designs in a Small Cell Permit including the dimensions and number of antennas and equipment boxes and the pole height are intended and stipulated to be concealment features when considering whether a proposed modification is a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C. 1455(a). Section XV.5 Inventory. Franchisee shall maintain a current inventory of Small Cell Facilities throughout the Term of this Franchise. Franchisee shall provide to City a copy of the inventory report no later than one hundred eighty (180) days after the Effective Date of this Franchise, and shall be updated within thirty (30) days of a reasonable request by the City. The inventory report shall include GIS coordinates, date of installation, type of pole used for installation, description/type of installation for each Small Cell Facility installation and photographs taken before and after the installation of the Small Cell Facility and taken from the public street. Small Cell Facilities that are considered Deactivated Facilities, as described in Section XVII.1, shall be included in the inventory report and Franchisee shall provide the same information as is provided for active installations as well as the date the Facilities were deactivated and the date the Deactivated Facilities were removed from the Right‐of‐Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any discrepancies. Franchisee is not required to report on future inventory reports any Deactivated Facilities which were removed from the AGENDA ITEM # 9. t) ORDINANCE NO. ________ 29 Right‐of‐Way since the last reported inventory and may there after omit reference to the Deactivated Facilities. Section XV.6 Graffiti Abatement. As soon as practical, but not later than fourteen (14) days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all graffiti on any of its Small Cell Facilities in which it is the owner of the pole or structure or on the Small Cells Facilities themselves attached to a third party pole (i.e. graffiti on the shrouding protecting the radios). The foregoing shall not relieve Franchisee from complying with any City graffiti or visual blight ordinance or regulation. Section XVI. Insurance. Section XVI.1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the Public Ways, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of rights, privileges and authority granted to Franchisee. Franchisee shall require that every subcontractor maintain substantially insurance coverage with reasonable and prudent policy limits as required of Franchisee under the Franchise. Franchisee shall endeavor to require that every contractor maintain substantially the same insurance coverage with substantially the same policy limits as required of Franchisee, or otherwise reasonably approved by the City, while doing work hereunder. Franchisee shall procure insurance from insurers with a current A.M. Best rating of not less than A‐. Franchisee shall provide a copy of a certificate of insurance and blanket additional insured endorsement to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence a policy of insurance that includes: (a) Automobile Liability insurance with limits of $5,000,000 combined single limit per occurrence for bodily injury and property damage; (b) Commercial General Liability insurance, written on an occurrence basis with limits of $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, contractual liability; premises;‐ AGENDA ITEM # 9. t) ORDINANCE NO. ________ 30 operations; independent contractors; products and completed operations; and broad form property damage; explosion, collapse and underground (XCU); (c) Workers’ Compensation coverage or qualified self‐insurance as required by the Industrial Insurance laws of the State of Washington; and (d) Excess Umbrella liability policy with limits of $5,000,000 per occurrence and in the aggregate. Section XVI.2 Payment from a self‐insured retention, if applicable, shall be the sole responsibility of Franchisee. Franchisee may utilize any combination of primary and umbrella excess liability insurance policies to satisfy the insurance policy limits required in Section XVI. Section XVI.3 The insurance policies obtained by Franchisee, with the exception of Workers’ Compensation and Employer’s Liability, shall include the City, its officers, officials, employees, (“Additional Insureds”), as an additional insured with regard to activities performed by or on behalf of Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds except of claims solely caused by the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall provide to the City upon acceptance a certificate of insurance and blanket additional insured endorsement. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee’s obligations to fulfill the requirements. Franchisee’s required insurance shall be primary insurance with respect to the Additional Insureds. Any insurance maintained by the Additional Insureds shall be in excess of Franchisee’s required insurance and shall not contribute with it. Section XVI.4 Upon receipt of notice from its insurer(s) Franchisee shall provide the City with thirty (30) days’ prior written notice of any cancellation of any insurance policy, required pursuant to this Section XVI if coverage is not replaced. Franchisee shall, prior to the effective date of such cancellation, obtain replacement insurance policies meeting the requirements of this Section XVI. Failure to provide the insurance cancellation notice and to furnish to the City AGENDA ITEM # 9. t) ORDINANCE NO. ________ 31 replacement insurance policies meeting the requirements of this Section XVI shall be considered a material breach of this Franchise and subject to the City’s election of remedies described in Section XXI below. Notwithstanding the cure period described in Section XXI.2, the City may pursue its remedies immediately upon a failure to furnish replacement insurance. Section XVI.5 Franchisee’s maintenance of insurance as required by this Section XVI shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or equity. Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. Section XVI.6 As of the Effective Date of This Franchise, Franchisee is not self‐insured. Should Franchisee wish to become self‐insured at the levels outlined in this Franchise at a later date, Franchisee shall comply with the following: (i) provide the City, upon request, a copy of Franchisee or its parent’s most recent audited financial statements if such financial statements are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all payments within the self‐insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification terms of this Franchise. Section XVII. Abandonment of Franchisee’s Telecommunications Network. Section XVII.1 Where any Facilities or portions of Facilities are no longer needed and their use is to be discontinued, the Franchisee shall immediately report such Facilities in writing (“Deactivated Facilities”) to the Community and Economic Development Administrator or designee. This notification is in addition to the inventory revisions addressed in Section XV.5 Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days and the site, pole or infrastructure restored to its pre‐existing condition. Section XVII.2 If Franchisee leases a structure from a landlord and such landlord later abandons the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within ninety (90) days of such notification from the landlord at no cost to the City and shall remove the pole if so required by the landlord. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 32 Section XVII.3 Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights‐of‐Way within ninety (90) days of receiving written notice from the Community and Economic Development Administrator or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee’s Facilities must be first approved by the Community and Economic Development Administrator or designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Rights‐of‐Way to at least the same condition the Rights‐of‐Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, reasonable wear and tear excepted, provided Franchisee shall not be responsible for any damages to the Rights‐of‐Way not caused by Franchisee or any person doing work for Franchisee. All work performed within the Rights‐of‐Way shall be performed in accordance with the City’s Codes. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section XVII.4 Notwithstanding Section XVII.1 above, the City may permit Franchisee’s Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Section XVII.5 Any Facilities that are not removed within one hundred and eighty (180) days of either the date (i) of termination or revocation of this Franchise, or (ii) the City issued a permit authorizing removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this Section XVII shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. Section XVII.6 The provisions of this Section XVII shall survive the expiration, revocation, or termination of this Franchise and for so long as Franchisee has Facilities in Rights‐of‐Way. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 33 Section XVIII. Bonds. Section XVIII.1 Franchisee shall furnish a performance bond (“Performance Bond”) written by a corporate surety reasonably acceptable to the City equal to at least 150% of the estimated cost of constructing Franchisee’s Facilities, excluding materials, within the Rights‐of‐ Way of the City prior to commencement of any such work. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights‐of‐Way and other City properties affected by the construction; (5) submission of as‐built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as‐built drawings, and the posting of a Maintenance Bond as described in Section XVIII.2. Compliance with the Performance Bond requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.1. In lieu of a separate Performance Bond for individual projects involving work in the Franchise Area, Franchisee may satisfy the City’s bond requirements by posting a single on‐going performance bond in an amount approved by the City. Section XVII.2 Maintenance Bond. Maintenance Bond. Franchisee shall furnish a two (2) year maintenance bond (“Maintenance Bond”), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights‐of‐Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work. The Maintenance Bond in this Section XVIII.2 must be in place prior to City’s release of the bond required by Section XVIII.1. Compliance with the Maintenance Bond requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.2. In lieu of a separate Maintenance Bond for individual projects involving work in the Franchise Area, Franchisee may satisfy the City’s bond requirements by posting a single on‐going maintenance bond in an amount approved by City. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 34 Section XVIII.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) (“Franchise Bond”) running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section XVIII.3 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section XIX. Modification. The City and Franchisee hereby reserve the right to alter, amend, or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Section XX. Revocation. If Franchisee willfully violates or fails to comply with any material provisions of this Franchise, then at the election of the Renton City Council after at least thirty (30) days written notice to Franchisee specifying the alleged violation or failure, the City may revoke all rights conferred and this Franchise may be revoked by the City Council after a hearing held upon such notice to Franchisee. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. Within thirty (30) days after the hearing, the Renton City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Renton City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Renton City Council does not grant any additional period, the Renton City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If AGENDA ITEM # 9. t) ORDINANCE NO. ________ 35 Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. Section XXI. Remedies to Enforce Compliance. Section XXI.1 The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. Section XXI.2 If Franchisee shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written notice specifying with reasonable particularity the nature of any such breach and Franchisee shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the City may specify a longer cure period, and condition the extension of time on Franchisee's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or Franchisee does not comply with the specified conditions, the City may, at its discretion, (1) revoke this Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchise Bond set forth in Section XVIII.3, or (3) pursue other remedies as described in AGENDA ITEM # 9. t) ORDINANCE NO. ________ 36 Section XXI.1 above. Liquidated damages described in this Section XXI.2 shall not be offset against any sums due to the City as a tax or reimbursement pursuant to Section XIV. Section XXII. Non‐Waiver. The failure of the City to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. Section XXIII. City Ordinances and Regulations. Nothing herein shall be deemed to restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to reasonably control by appropriate regulations the location, elevation, manner of construction and maintenance of Facilities by Franchisee, and Franchisee shall promptly conform with all such regulations, unless compliance would cause Franchisee to violate other requirements of law. In the event of a conflict between the provisions of this Franchise and any other generally applicable ordinance(s) enacted under the City’s police power authority, such other ordinances(s) shall take precedence over the provisions set forth herein. Section XXIV. Cost of Publication. The cost of publication of this Franchise shall be borne by Franchisee, if applicable. Section XV. Acceptance. Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Exhibit B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section XVI, any Performance Bond, if applicable, pursuant to Section XVIII.1 and the Franchise Bond required pursuant to Section XVIII.3. The administrative fee pursuant to Section XIV.1 is due within thirty (30) days of receipt of the invoice from the City. Section XXVI. Survival. All of the provisions, conditions, and requirements of Section V, Section VI, Section VIII, Section XXII, Section XVII, Section XXVI, Section XXVII.3, Sections XXXVIII.1 through AGENDA ITEM # 9. t) ORDINANCE NO. ________ 37 XXXVIII.5, and Section XXXVIII.9 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City’s Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof, or as otherwise provided herein. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. Section XXVII. Assignment. Section XXVII.1 This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a change of control as described in Section XXVII.2 below, or for collateral security purposes. Franchisee shall provide prompt, written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section XXVII, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee’s stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. Section XXVII.2 Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the ultimate ownership or working control of Franchisee, ownership or working control of the Facilities, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or bandwidth of Franchisee’s Facilities, shall be considered an assignment or transfer requiring City AGENDA ITEM # 9. t) ORDINANCE NO. ________ 38 approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City’s consent within one‐hundred twenty (120) days of a completed application from Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120) day period. In the event that the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been affected, the City may revoke this Franchise, following the revocation procedure described in Section XX above. The assignee or transferee must have the legal, technical, financial, and other requisite qualifications to own, hold, and operate Franchisee’s Services. Franchisee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise, in accordance with the provisions of Section XIV.2 and Section XIV.3, and shall pay the applicable application fee. Section XXVII.3 Franchisee may, without prior consent from the City: (i) lease the Facilities, or any portion, to another person; (ii) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or (iii) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain exclusive control over its Facilities and remain fully responsible for compliance with the terms of this Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies, to the extent applicable, with the requirements of this Franchise and applicable City requirements. Franchisee’s obligation to remain fully responsible for compliance with the terms under this Section XXVII.3 shall survive AGENDA ITEM # 9. t) ORDINANCE NO. ________ 39 the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. Section XXVIII. Extension. If this Franchise expires without renewal, the City may, subject to applicable law: (a) Allow Franchisee to maintain and operate its Facilities on a month‐to‐month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or (b) The City may order the removal of any and all Facilities at Franchisee’s sole cost and expense consistent with Section XVII. Section XXIX. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. Section XXX. Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee’s Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. Section XXXI. Vacation. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify the Franchisee in writing not less than ninety (90) days before vacating all or any portion of any such area. The City may, after ninety (90) days written notice to the Franchisee, terminate this Franchise with respect to such vacated area. Section XXXII. Notice. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: AGENDA ITEM # 9. t) ORDINANCE NO. ________ 40 City: City of Renton Attn: Administrator, Community & Economic Development Department 1055 South Grady Way Renton, WA 98057 With a copy to: City of Renton Attn: City Attorney 1055 South Grady Way Renton, WA 98057 Franchisee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site No. City of Renton Small Cell Franchise Agreement (WA) 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept – Network Operations Site No. City of Renton Small Cell Franchise Agreement (WA) 208 S. Akard Street Dallas, TX 75202‐4206 Section XXXIII. Severability. If any Section, sentence, clause or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Section, sentence, clause or phrase of this Franchise unless such invalidity or unconstitutionality materially alters the rights, privileges, duties, or obligations hereunder, in which event either party may request renegotiation of those remaining terms of this Franchise materially affected by such court’s ruling. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 41 Section XXXIV. Compliance with All Applicable Laws. Franchisee agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations, except to the extent that the Franchisee has a vested right in accordance with the vested rights doctrine under Washington case law or as codified at RCW 19.27.095, including all City requirements relating to the provisions of the State Environmental Policy Act (“SEPA”), unless otherwise exempt. This Franchise is subject to ordinances of general applicability enacted pursuant to the City’s police powers. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. In the event of a change in applicable law that materially affects any material term of this Franchise, the rights or obligations of either party hereunder, or the ability of either party to perform any material provision hereof, the parties shall renegotiate in good faith such affected provisions with a view toward agreeing to acceptable new terms as may be required or permitted as a result of such legislative, regulatory, judicial, or other legal action. If, after good faith negotiations, the parties agree that resolution will not be reached, then either party may initiate an appropriate action in any regulatory or judicial forum of competent jurisdiction. Section XXXV. Attorneys’ Fees. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys’ fees, costs, expenses and attorneys’ fees upon appeal of any judgment or ruling. Section XXXVI. Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys’ fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Franchisee’s use, storage, release, or AGENDA ITEM # 9. t) ORDINANCE NO. ________ 42 disposal of hazardous substances, whether or not intentional, and the use, storage, release, or disposal of such substances by Franchisee’s agents, contractors or other persons acting under Franchisee’s control, whether or not intentional. Section XXXVII. Licenses, Fees and Taxes. Prior to constructing any improvements, Franchisee shall obtain a business or utility license from the City. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. Section XXXVIII. Miscellaneous. Section XXXVIII.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property, caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted by this Franchise. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee’s prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section XXXVIII.2 Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its indemnification obligations under this Franchise. Section XXXVIII.3 The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section XXXVIII.3. The City’s failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee’s ability to defend such claim or suit. In the AGENDA ITEM # 9. t) ORDINANCE NO. ________ 43 event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City’s reasonable costs for defense of the action, including all expert witness fees, costs, and attorney’s fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City’s fees and expenses shall include all out‐of‐pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section XXXVIII.4 The obligations of Franchisee under the indemnification provisions of Section XXXVIII and any other indemnification provision herein shall apply unless the damage or injury arises from the sole negligence or willful misconduct of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Notwithstanding the preceding sentence, to the extent the provisions of RCW 4.24.115 are applicable, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee’s waiver of immunity under AGENDA ITEM # 9. t) ORDINANCE NO. ________ 44 Title 51 RCW, solely for the purposes of this indemnification, relating solely to indemnity claims made by the City directly against the Franchisee for claims made against the City by Franchisee’s employees. This waiver has been mutually negotiated by the parties. Section XXXVIII.5 Notwithstanding any other provisions of Section XXXVIII, Franchisee assumes the risk of damage to its Facilities located in the Public Ways and upon City‐owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. In no event shall either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with the performance or failure to perform under this Franchise. The parties release and waive any and all such claims against the other, and their respective officers, agents, employees, volunteers, or elected or appointed officials, or contractors, as applicable. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee’s Facilities as the result of any interruption of service due to damage or destruction of Franchisee’s Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful misconduct on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section XXXVIII.6 The indemnification provisions of Sections XXXVIII.1 through XXXVIII.5 shall survive the expiration, revocation, or termination of this Franchise. Section XXXVIII.7 Franchisee is solely responsible for determining whether its Small Cell Facilities interfere with telecommunications facilities of utilities and other franchisees within the Rights‐of‐Way. Franchisee shall comply with the rules and regulations of the Federal AGENDA ITEM # 9. t) ORDINANCE NO. ________ 45 Communications Commission regarding radio frequency interference when siting its Small Cell Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and obligations under this Franchise shall not physically or technically interfere in any manner with the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as expressly permitted by applicable law or this Franchise, and as long as such equipment is operating in accordance with applicable laws and regulations. Section XXXVIII.8 City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Section XXXVIII.9 This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or King County Superior Court. Section XXXVIII.10 Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section XXXVIII.11 Where the context so requires, the singular shall include the plural and the plural includes the singular. Section XXXVIII.12 Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. Section XXXVIII.13 This Franchise may be enforced at both law and equity. AGENDA ITEM # 9. t) ORDINANCE NO. ________ 46 Section XXXVIII.14 Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment’s compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee’s failure to comply with such requirements, except to the extent such failure is due to the actions or inactions of the City. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee’s equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee’s expense. Section XXXIX. Ordinance Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title (“Effective Date”). [This portion of page intentionally blank.] AGENDA ITEM # 9. t) ORDINANCE NO. ________ 47 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019. ____________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2019. ____________________________ Denis Law, Mayor Approved as to form: ____________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD:2094:10/10/19 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: AGENDA ITEM # 9. t) ORDINANCE NO. ________ 48 SUMMARY OF ORDINANCE NO. (201_) City of Renton, Washington ______________________________________________________________________________ On the ___ day of _______, 201__, the City Council of the City of Renton passed Ordinance No. _____ (_______). A summary of the content of said Ordinance, consisting of the title, is provided as follows: AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR TEN YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS‐OF‐WAY OF THE CITY OF RENTON, WASHINGTON. The full text of this Ordinance will be mailed upon request. ___________________________________ CITY CLERK FILED WITH THE CITY CLERK: , 201_ PASSED BY THE CITY COUNCIL: _______, 201_ PUBLISHED: ______, 201_ EFFECTIVE DATE: , 201_ ORDINANCE NO.: (201_) AGENDA ITEM # 9. t) 49 EXHIBIT A FRANCHISEE’S INITIAL DEPLOYMENT PLAN Design of the small cell facilities will follow the City’s standard detail, as noted in Section XV.3 Design. AGENDA ITEM # 9. t) 50 EXHIBIT B STATEMENT OF ACCEPTANCE New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: ____________________________________ Date: ______________________________ Name: ____________________ Title: ____________________ STATE OF ________________ ) )ss. COUNTY OF ______________ ) On this ____ day of _______________, 201_, before me the undersigned, a Notary Public in and for the State of _________________, duly commissioned and sworn, personally appeared, __________________ of AT&T Mobility Corporation, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. _____________________________________________ Signature _____________________________________________ NOTARY PUBLIC in and for the State of __________________, residing at ________________________ MY COMMISSION EXPIRES: ______________________________ AGENDA ITEM # 9. t)