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HomeMy WebLinkAboutREGULAR COUNCIL - 10 Feb 2014 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING February 10, 2014 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. ARISE (Area of Renton Interfaith Shelter Endeavor) Annual Report 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 2/3/2014. Council concur. b. City Attorney Department recommends amending RMC 5-5, Business Licenses, to add regulations related to revocation of business licenses for chronic nuisance premises and declaring and emergency. Refer to Finance Committee. c. Community Services Department requests approval to waive golf course green fees in the amount of $2,900 for the Liberty High School Girls Golf Team for the 2014 spring season. Refer to Finance Committee. d. Transportation Systems Division recommends approval of Supplemental Agreement #3 to CAG- 12-071, with Perteet, Inc., in the amount of $130,514 for additional construction management services for the S. Lake Washington Roadway Improvements (Garden Ave. Widening) project. Refer to Transportation (Aviation) Committee. e. Transportation Systems Division recommends approval of the 2014-2015 One Card for All (ORCA) Business Passport (formerly flexpass) interlocal agreement with King County, Pierce Transit, Sound Transit, Community Transit, Kitsap Transit, and the Washington State Ferries Division in the amount of $92,902 to continue the Commute Trip Reduction Program for City employees; and authorization to transfer $63,902 from 2014 departmental salary savings and the General Fund to cover the budget shortfall. Refer to Transportation (Aviation) Committee. f. Transportation Systems Division recommends approval of Amendment #1 to CAG-12-132, with SRG Partnership, Inc., in the amount of $806,142 to perform expanded architectural design and engineering services for the Central Sound Aerospace Training Center. Refer to Transportation (Aviation) Committee. Page 1 of 86 g. Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, with CH2M Hill Engineers, Inc., in the amount of $106,538 to design bioretention stormwater facilities and permeable concrete sidewalks for the Sunset Community Plan SSIP - Harrington Ave. NE Green Connections Phase II project. Council concur. 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Lease of Cedar River Boathouse to George Pocock Rowing Foundation; Vouchers; Utility Bill Adjustment for Pillar Northwest Real Estate 8.RESOLUTIONS AND ORDINANCES 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS February 10, 2014 Monday, 6 p.m. SCORE (South Correctional Entity) Operations Update (briefing) • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 86 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Business License Revocation Ordinance Meeting: REGULAR COUNCIL - 10 Feb 2014 Exhibits: Ordinance amending Chapter 5-5, Business Licenses Submitting Data: Dept/Div/Board: City Attorney Staff Contact: Garmon Newsom II, x6487 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: In response to a growing problem with violence, gang presence, gang activity, and general breaches of the peace in and around restaurants, bars, clubs, and entertainment establishments in the City of Renton, Renton is updating RMC 5-5, entitled Business Licenses. Specifically, Renton is updating the definitions in RMC Chapter 5-5, adding provisions to facilitate the revocation of business licenses when a nuisance or chronic nuisance premises exists or occurs, and providing language providing for imposition of penalties and the abatement of a nuisance or chronic nuisance premises. Renton is updating the business license process and reporting requirements and scheduling. Additionally, Renton is cleaning up and updating language in Chapter 5-5 removing legalese when possible. Finally, Renton is adding audit and lien language. Staff requests that Council suspend its rules and advance the ordinance to second and final reading immediately after first reading and declare an emergency, in order to have the provisions of this ordinance become effective upon passage. STAFF RECOMMENDATION: Adopt the ordinance amending Chapter 5-5, Business Licenses, and declare an emergency in order to have the provisions of this ordinance become effective upon passage. 6b. - City Attorney Department recommends amending RMC 5-5, Page 3 of 86 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 5-5-1, 5-5-2, 5-5-3 AND 5-5-6 OF CHAPTER 5, BUSINESS LICENSES, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY REVISING RMC 5-5, BUSINESS LICENSES, INCLUDING ADDING AND DELETING DEFINITIONS, ADDING REGULATIONS RELATED TO REVOCATION OF BUSINESS LICENSES FOR CHRONIC NUISANCE PREMISES, AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Section 5-5-1, Exercise of Revenue License Power, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: The provisions of this Chapter shall be deemed an exercise of the power of the City to license for revenue and regulation. These powers include, but are not limited to, an inherent and necessary power to audit records to determine appropriate tax and/or reporting units or fee amounts. The provisions of this Chapter prescribing license fees shall be strictly construed in favor of the applicability of the license fee. SECTION II. Section 5-5-2, Definitions, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: Words are to be given their usual meaning. When not inconsistent with the context, words in the singular number shall include the plural, and the plural shall include the singular, and words in one gender shall include all other 6b. - City Attorney Department recommends amending RMC 5-5, Page 4 of 86 ORDINANCE NO. ________ 2 genders. The word “shall” is always mandatory and not merely directory. In construing the provisions of this Title, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied: A.ABATE: To clean, eliminate, remove, repair or otherwise remedy a condition that amounts to a nuisance or chronic nuisance under RMC Chapter 1- 3 and/or RMC Chapter 5-5 by such manner, means, and to the extent as an Administrator or law enforcement officer determines is reasonably necessary to protect the general health, morals, safety and welfare of the City of Renton. B.ACT: Doing, finishing, performing, or preparing to do something. C.ADMINISTRATOR: A City of Renton department administrator or designee. D.BUSINESS: All activities, occupations, trades, pursuits, professions and matters located or engaged in within the City or anywhere else within the City’s jurisdiction with the object of gain, benefit, advantage or profit to the business enterprise or to another person, directly or indirectly. E.BUSINESS ENTERPRISE: Each location at which a person engages in business within the City of Renton. F.BUSINESS LOCATED OUTSIDE THE CITY: A business enterprise with a permanent location outside the City, but with no permanent location within the City. G.CALLS FOR SERVICE: Calls or communications to 911, including but not limited to Valley Communications, and/or calls or communications directly to the 6b. - City Attorney Department recommends amending RMC 5-5, Page 5 of 86 ORDINANCE NO. ________ 3 Renton Police Department or one of its officers, or the viewing of an offense by an officer. Calls for service, as that term is used in the definition of “chronic nuisance premises,” does not include incidents that are unrelated to the chronic nuisance premises, its resident(s), owner(s), guest(s), patron(s), or calls for general information. H.CHRONIC NUISANCE PREMISES: a. As it relates to a building, structure or business used for commercial, retail, or entertainment purposes, or the area within two hundred feet (200') of such premises, including businesses regulated by the Liquor Control Board, and including public, private, commercial or industrial parking lots within two hundred feet (200’) of such premises, Chronic Nuisance Premises means a property on which any of the following exists or occurred: i. Six (6) or more calls for service occur or exist during any sixty (60)- day period; or ii. Ten (10) or more calls for service occur or exist during any one hundred and eighty (180)-day period; or iii. Fourteen (14) or more calls for service occur or exist during any twelve (12)-month period. b. Any action against a “Chronic Nuisance Premises” and/or its owner, managing agent or person in control for a violation under subsection 5-5-2.H shall not preclude the use any other subsection of this section or any other section of the RMC. 6b. - City Attorney Department recommends amending RMC 5-5, Page 6 of 86 ORDINANCE NO. ________ 4 I.CITY: The City of Renton. J.CODE COMPLIANCE INSPECTOR (CCI) or CODE ENFORCEMENT OFFICER (CCO): Any person authorized by an Administrator to investigate or inspect for code violations. K.CONTROL: The ability to dominate, govern, manage, own or regulate a premises, or the conduct that occurs in or on a premises. L.DRUG-RELATED ACTIVITY: Any activity at a premises that violates Chapter 69.41 RCW (Legend Drugs), Chapter 69.50 RCW (Uniform Controlled Substances Act), Chapter 69.51A (Medical Marijuana) or 69.52 RCW (Imitation Controlled Substances), Chapter 69.53 RCW (Use of Buildings for Unlawful Drugs) or any applicable federal, state or local law regulating the same general subject-matter, as they currently exist or may be amended. M.EMERGENCY: Any situation which an Administrator or law enforcement reasonably believes requires immediate action to prevent or eliminate an immediate threat to public health, morals, safety, or welfare of persons or property in the City of Renton. N.EMPLOYEE: Any person employed at any business enterprise who performs any part of his duties within the City, except casual laborers not employed in the usual course of business. A sole proprietor is not an “employee”. All officers, agents, dealers, franchisees, etc., of a corporation or business trust, and all but one partner of a partnership (except limited partners), are “employees” within this definition. 6b. - City Attorney Department recommends amending RMC 5-5, Page 7 of 86 ORDINANCE NO. ________ 5 O.ENGAGING or ENGAGE IN BUSINESS: Commencing, conducting or continuing in any business. P.FULL-TIME EMPLOYEE: An employee working more than one thousand six hundred (1,600) hours per annum, including legal holidays and vacation time, during the twelve (12) month period upon which the license fee is computed Full-time employee or full-time equivalent employee shall have the same meaning as defined under 5-1-1.D. Q.GENERAL PUBLIC: The City of Renton, any of its communities or neighborhoods, or more than one (1) citizen, neighbor and/or their guest(s). R.HEARING EXAMINER: An individual authorized to hear administrative appeals and designated matters for the City of Renton. S.INCURRED EXPENSE: Includes, but is not limited to, actual, direct or indirect, appeal costs, fees and expenses; attorney, expert, filing and litigation costs, fees and expenses; hearing costs and expenses; copy, documentation, and investigation costs and expenses; notice, contract and inspection costs and expenses; personnel expenses; hauling, disposal and storage costs and expenses; preparation, travel and parking costs, fees and expenses; photocopying, mailing and service costs and expenses. All such costs and expenses shall constitute a lien against the affected property, as set forth in RMC 1-3-3.G.6, as it exists or may be amended. 6b. - City Attorney Department recommends amending RMC 5-5, Page 8 of 86 ORDINANCE NO. ________ 6 T.MATERIAL STATEMENT: Any written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. U.MONETARY PENALTY: Any cost, fines or penalties related to violation of this Chapter, including but not limited to actual fines or penalties to be paid as a result of a nuisance. V.NUISANCE or NUISANCE VIOLATION: is defined in RMC 1-3-3.B, as it exists or may be amended, and as applicable, that definition applies in RMC 5-5. W PART-TIME EMPLOYEE: An employee working less than full time one thousand six hundred (1,600) hours per annum, including legal holidays and vacation time, during the twelve (12) month period upon which the license fee is computed. X.PERSON: An individual natural person, a sole proprietor, partnership, corporation or a person acting in a fiduciary capacity. PROFESSIONAL or SEMI-PROFESSIONAL: Those persons who are primarily engaged in the business of rendering any type of service including, but not limited to, the following: doctor of medicine; other healing art or science; dentist or dental technician; attorney at law; licensed or registered engineer; surveyor; certified or licensed public accountant; bookkeeper; tax or business consulting service; real estate broker or agency; insurance broker, agent or representative and other brokerage businesses; funeral director or mortuary; optometrist; architect or designer; optician; ophthalmologist; pharmacist; operator, manager 6b. - City Attorney Department recommends amending RMC 5-5, Page 9 of 86 ORDINANCE NO. ________ 7 or any other business enterprise conducting any state or national bank, building and loan association, savings and loan association, and any other financial institution rendering a special or multiple type of professional or semi- professional service to the general public; specialized private training schools in aviation, salesmanship and music when conducted in a separate place of business and having an average of twenty (20) or more students per week; or other specialized training schools teaching or instructing in special skills or trades; or any other similar activity conducted by, supervised or operated by a business enterprise which offers to members of the public the business of rendering any type of service. QUARTERLY PERIOD: Each three (3) month period of the calendar year: January 1 through March 31, April 1 through June 30, July 1 through September 30 and October 1 through December 31 of each year. Y.REPORTING PERIOD: The full previous twelve (12) months, starting from the first day of the quarter within four (4) full calendar quarters, which immediately precede the anniversary or expiration date of application for City of Renton the business license falls. Z.TEMPORARY or PORTABLE SALES: A business enterprise with no permanent location either within or outside of the City, but which engages in business within the City. 6b. - City Attorney Department recommends amending RMC 5-5, Page 10 of 86 ORDINANCE NO. ________ 8 SECTION III.Subsection 5-5-3.A, General Business License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: A. General Business License Required: Every business enterprise, including but not limited to seasonal, temporary, or portable sales businesses, shall first obtain, from the City of Renton, a general business license for the current calendar year or unexpired portion thereof. The general business license shall not be transferable. SECTION IV.Subsections 5-5-3.B.1 and 5-5-3.B.2 of subsection 5-5-3.B, Issuance of License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, are amended as follows: 1. All general business licenses shall be issued by the Administrative Services Administrator. The Administrative Services Administrator shall keep a register thereof of all the business licenses issued by the City of Renton. Each license shall be numbered, and shall show the name, place and character type of business and such any other information as the Finance Administrator shall deem necessary. 2. The license holder shall is required to ensure that at all times the license be posted in the place of business for which it is issued, or in the case of a business enterprise with a temporary or portable sales location, be carried on the person of the holder thereof at all times during business hours or while such 6b. - City Attorney Department recommends amending RMC 5-5, Page 11 of 86 ORDINANCE NO. ________ 9 business is being carried on, and shall be displayed at the request of any interested person or City official or representative. SECTION V.Subsections 5-5-3.C.7 through 5-5-3.C.11, of subsection 5-5-3.C, License Fee, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, are amended as follows: 7. Due Dates: Business Annual business license fees are due one month following by the last day of the reporting period month of the anniversary or expiration of the current license. Quarterly license fees are due by the last day of January, April, July and October. 8. Reporting Periods: Business license fees are calculated for the reporting period. The Administrative Services Administrator may set quarterly payment schedules and due dates for business license fees on an exceptional basis. Reporting periods are as follows: for annual business licenses shall be the four (4) complete calendar quarters preceding the due date. The reporting period for quarterly licenses shall be the calendar quarter preceding each quarterly due date. Reporting Period 1: Anniversary date of the business’s original application for a City business license falls within January 1st through March 31st. Reporting Period 2: Anniversary date of the business’s original application for a City business license falls within April 1st through June 30th. Reporting Period 3: Anniversary date of the business’s original application for a City business license falls within July 1st through September 30th. 6b. - City Attorney Department recommends amending RMC 5-5, Page 12 of 86 ORDINANCE NO. ________ 10 Reporting Period 4: Anniversary date of the business’s original application for a City business license falls within October 1st through December 31st. 9. Expiration: Unless otherwise established by the Administrative Services Administrator, a business license is valid for a period of one (1) year and shall expire on the last day of the month following its reporting period of the anniversary date of the initial business license issuance or the expiration date as stated on the face of the license. A business license with an approved quarterly reporting plan shall expire on the last day of January, April, July and October if the quarterly report and payments are not received by these dates. 10. Location of Business and Employees: a. Presumption: For purposes of this section, any business operating within the City limits of the City of Renton shall be deemed to have all of its employees working within the City limits of the City of Renton. b. Working Outside City: For any employees whose nominal place of business is within the City limits of the City of Renton, all hours will be presumed to be worked within the City and subject to this fee. Any employee regularly reporting to work within the City limits shall have all of that employee’s time subject to this fee, even if portions of the employee’s time are spent outside the City of Renton (for example, a realtor or outside salesperson). For an employee normally employed within the City of Renton who, for extended periods of time, reports to work outside the City of Renton, for example, a contractor’s employees reporting directly to job sites, then the employer may by affidavit 6b. - City Attorney Department recommends amending RMC 5-5, Page 13 of 86 ORDINANCE NO. ________ 11 report the number of hours actually worked within the City or the percentage of time within the City based upon one thousand nine hundred twenty (1,920) hours annually and pay the annual license fee based upon those figures. c. Short Term Employment Within City or Temporary License: A temporary ninety (90) calendar day license may be purchased for twenty five fifty dollars ($2550.00) per for each FTE or for each four hundred and eighty (480) worker-hours during the ninety (90) calendar day period, or as prescribed in the City’s Fee Schedule. The expiration date of the license shall be ninety (90) calendar days from date of issuance. The temporary business license may only be purchased by businesses with fifty (50) or fewer FTE. The license may be renewed at the same fee of twenty five dollars ($25.00) applicable per FTE rate for successive ninety (90) calendar day periods. Renewal forms will not be sent to short term business licensees. Renewals must be at the request of licensee. All late fees and penalties apply. 11. Any payment not made before within one (1) month following the due date as defined herein shall be cause for the automatic revocation of the business license. 12.The Administrator shall have the authority to inspect business premises, and review or audit business records with reasonable prior notice. SECTION VI.Subsection 5-5-3.D, Renewal Notice, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 6b. - City Attorney Department recommends amending RMC 5-5, Page 14 of 86 ORDINANCE NO. ________ 12 D. Renewal Notice: The Administrative Services Administrator is authorized City may, but is not required, to mail to business enterprises forms for license applications for licenses or renewal forms, but failure of the business enterprise to receive any such form shall not excuse the business enterprise from making application for and securing the license required and payment of paying the license fee when and as due hereunder. SECTION VII.Section 5-5-3, General Business License, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended to add a new subsection 5-5-3.F, to be entitled Revocation (General or Emergency), to read as shown below. The remaining subsections shall be re-lettered accordingly. F. Revocation (General or Emergency): 1. A business license may be revoked if the commercial, entertainment or retail business, or the owner(s), person(s) in control, or the managing agent(s) of the business, permit, suffer, maintain, carry on or allow upon or within two hundred feet (200’) such business activities that meet or exceed the criteria identified in RMC 5-5-2.A (CHRONIC NUISANCE PREMISES). If the person in control is not the legal owner, the person in control and owner are both jointly liable for any Chronic Nuisance Premises. Both the owner and person in control are subject to the provisions and remedies in RMC 5-5 and RMC 1-3-3. Application of either of these chapters against one party does not preclude application to another party who is an owner or person in control of a Chronic Nuisance Premises. 6b. - City Attorney Department recommends amending RMC 5-5, Page 15 of 86 ORDINANCE NO. ________ 13 In the event that a business meets the criteria of a Chronic Nuisance Premises, the owner of the business or property may have a hearing under 5-5- 3.I.3. 2. A business license may be immediately revoked and the business closed if the commercial, entertainment or retail business, or the person(s) in control, or the managing agent(s) of the business permit, suffer, maintain, carry on or allow upon or within two hundred feet (200’) of such business activities which amount to an emergency that an Administrator or law enforcement reasonably believes requires immediate action to prevent or eliminate an immediate threat to public health, morals, safety, or welfare of persons or property in the City of Renton. In the event that a business license is revoked due to an emergency, the owner(s) may have a single hearing under 5-5-3.I.3 at the earliest possible time after the license revocation and closure of the business. SECTION VIII.Subsection 5-5-3.G, Penalties, which is currently codified as 5-5-3.F, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: FG. Penalties: 1. There shall be a penalty of The penalty to reinstate any license revoked through nonpayment shall not be less than twenty fifty dollars ($2050.00) to reinstate any license revoked through nonpayment plus payment of all license fee amounts still owing and monetary penalty prescribed in subsection 3 below. A license is reinstated when any license holder seeks a license to continue the 6b. - City Attorney Department recommends amending RMC 5-5, Page 16 of 86 ORDINANCE NO. ________ 14 same business or a substantially similar business at some location within the City. There shall be a presumption that the business is substantially the same if the owner or ownership is the same or substantially the same. 2. There shall further be a The penalty for failure to obtain a business license shall of not be less than two hundred and fifty dollars ($250.00) or as prescribed in the City’s Fee Schedule for failure to obtain a business license, plus payment of all license fee amounts still owing that should have been paid for the last three (3) years, as determined by the Administrator, plus a penalty of twenty percent (20%) per annum for all amounts owing, plus any accounting, legal or administrative expenses incurred by the City in determining the nonreporting unreported, or the unpaid portion over the last three (3) years or in collecting the tax and/or the penalty. 3. Monetary Penalty: Failure to pay the license fee within one day after the day on which it is when due and payable pursuant to subsection C.7 of this section shall render the business enterprise subject to a penalty of five percent (5%) of the amount of the license fee for the first month of the 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 license fee. 4. Collection: Any license fee or tax due and unpaid and delinquent under this Chapter, and all penalties thereon may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties. 6b. - City Attorney Department recommends amending RMC 5-5, Page 17 of 86 ORDINANCE NO. ________ 15 5. Denial, Suspension or Revocation of License: a. The Administrative Services Administrator may deny, suspend any license application and/or revoke any license issued pursuant to this Chapter to any business enterprise or other person license holder who: i.is in default in any payment of any license fee hereunder, or who shall fail to comply with any of the provisions of this Chapter. to the City, except for current taxes and other obligations not past due; ii. has obtained a license or permit by fraud, misrepresentation, or concealment; iii.is or has been convicted of, forfeits bond upon, or pleads guilty to any felony offense directly related to the operation of the applicant’s or license holder’s business; iv. makes false statements, misrepresentations or fails to disclose material facts to the City related to any permits or applications; v.violates or allows employees, visitors, or patrons to violate federal, state, or municipal law; or violates any land use, building, safety, fire or health regulation on the premises in which the business is located. b. Based on a Chronic Nuisance Premises finding by the Administrator or by a court of competent jurisdiction, the business license revocation period shall be as follows: i. Ten (10) calendar days for a finding of a Chronic Nuisance Premises as defined in RMC 5-5-2.H.a.i. 6b. - City Attorney Department recommends amending RMC 5-5, Page 18 of 86 ORDINANCE NO. ________ 16 ii. Thirty (30) calendar days for a finding of a Chronic Nuisance Premises as defined in RMC 5-5-2.H.a.ii. iii Ninety (90) calendar days for a finding of a Chronic Nuisance Premises as defined in RMC 5-5-2.H.a.iii. iv. Any offense that amounts to more than a nuisance, including but not limited to class A or B felonies, may result in revocation that is not limited to subsections 5-5-3.G.5.b.i, ii or iii, and other penalties and/or punishments consistent with the RMC and/or the RCW. v. As the objective of this subsection is to encourage compliance, if the business enterprise and/or the person or persons who are responsible or in control of the business enterprise abate the condition(s) that created, caused, permitted, allowed, or necessitated the calls for service to the satisfaction of the Administrative Services Administrator in consultation with the City of Renton Police Chief, the remaining period of revocation shall be waived and the license, subject to the payment of all applicable fees, penalties, and costs, shall be reissued. vi. If any business enterprise or person or persons who are responsible or in control of the business enterprise create, cause, permit or allow incidents that amount to two (2) or more Chronic Nuisance Premises findings as defined by RMC 5-5-2.H.a.iii, Renton may suspend that license for one (1) year, without the opportunity to abate, and Renton may consider the circumstances and findings in any future application request by any person associated with the 6b. - City Attorney Department recommends amending RMC 5-5, Page 19 of 86 ORDINANCE NO. ________ 17 offending business enterprise or the person or persons who were responsible or in control of the offending business enterprise. c. Notice of such denial, suspension, or revocation shall be mailed to the license holder by the Administrative Services Administrator, and on and after the that date thereof any such business enterprise who that continues to engage in business shall be deemed to be operating without a license and shall be subject to any and all cures and penalties herein available to the City, including but is not limited to those remedies, cures and penalties provided in this Title or the RCW. 6. Infraction: It shall be illegal for any business enterprise and/or license holder to fail to obtain or maintain a business license and yet conduct business within the City limits of the City. Such failure Each business, its owner or agent who fails to obtain or maintain a business license, in addition to the fines/penalties contained in RMC 5-5-3.G.2 as it exists or may be amended, is hereby declared to be a public nuisance, and the business owner shall be guilty of a civil infraction, and subject to the penalties of RMC 1-3-2, as it exists or may be amended. 7. Order to Close Business and Appeal: Any Renton police officer, code compliance officer, or any designee of the Administrative Services Administrator may serve a notice ordering a business to close and discontinue operation of any business in the City which has failed to obtain or maintain operates without a valid business license, or violates any provision in subsection G.5 above. That notice may be served in person or by certified mail, return receipt requested. 6b. - City Attorney Department recommends amending RMC 5-5, Page 20 of 86 ORDINANCE NO. ________ 18 The notice shall indicate the reason(s) that the business is ordered to close until all violations are cured and it obtains a currently valid business license. The notice shall also state that the business owner or operator shall have the right to appeal the notice to the Administrative Services Administrator or his/her designee by serving a written notice of appeal on the Administrative Services Administrator or his/her designee within ten (10) calendar days of receipt of a served notice of closure, or within thirteen (13) calendar days of mailing of a mailed notice of closure. The written notice of appeal shall state the reasons why the closed business need not obtain a business license or proof that the business has a business license provide information that proves the Administrator’s basis for such closure was incorrect. The Administrative Services Administrator or the Administrator’s designee shall then determine whether or not the business is exempt from the City’s licensing requirement, or has a currently valid business license, or if all violations have been cured. If the Administrative Services Administrator or the Administrator’s designee cannot make these findings finds that the business has not corrected the violations, the Administrator, then there shall be enter an order entered affirming the order to close the business. Any appeal decision shall be reduced to writing and a copy provided to the appellant either in person or by mail. Any further appeal of the appeal decision shall be by writ of certiorari to the King County Superior Court made served on the City’s Hearing Examiner within twenty (20) calendar days of the appeal decision. 6b. - City Attorney Department recommends amending RMC 5-5, Page 21 of 86 ORDINANCE NO. ________ 19 8. Prior to issuing or reissuing a license all back fees and penalties must shall be paid. SECTION IX.Subsection 5-5-3.H, General Business License Application; Public Record, which is currently codified as 5-5-3.G, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: GH. General Business License Application; Public Record: 1. General business license applications made to the Administrative Services Administrator pursuant to this Chapter shall be public information 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 the business enterprise if disclosed as more particularly defined in Chapter 42.17 RCW 42.56 (Public disclosure act), as it exists or may be amended. 2. It shall be unlawful and a gross misdemeanor under RCW 9A.72.040 (False swearing), as it exists or may be amended, punishable under RMC 1-3-1 for any business enterprise including but not limited to the owners, shareholders, partners, or principals, whether for themselves, for others or by others to sign a business license application, which is required to maintain a general business license to make any false or fraudulent application or false statement or representation in, or in connection with, any such application. SECTION X.Subsection 5-5-3.I, Rules and Rulings, which is currently codified as subsection 5-5-3.H, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 6b. - City Attorney Department recommends amending RMC 5-5, Page 22 of 86 ORDINANCE NO. ________ 20 1.The Administrative Services Administrator shall have the power authority and it shall be his duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this Chapter or with the law for the purpose of carrying out the provisions hereof of Chapter 5, and it shall be unlawful for any business enterprise to violate or fail to comply with any such rules or regulations. 2. Any business enterprise aggrieved by the amount of the fee or tax found by the Administrative Services Administrator to be required under the provisions of this Chapter may appeal to the City Council from such finding by filing a written notice of appeal with the Administrative Services Administrator within five (5) days from the time such business enterprise was given notice of such amount and paying an appeal fee of seventy-five dollars ($75.00). The City Council shall, as soon as practicable, fix a time and place for the hearing of such appeal. The Council shall cause a notice of the time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to introduce evidence in its own behalf. The City Council shall thereupon ascertain the correct amount of the fee or tax. The Administrative Services Administrator shall immediately notify the appellant thereof by mail, which amount must be paid within three (3) days after the notice is given. The Mayor, the President of the Council, or the chairman of any committee thereof before which the appeal is to be heard may, by subpoena, require the attendance of any person and may also require him or her that person to produce any pertinent books and records. Any person served with such 6b. - City Attorney Department recommends amending RMC 5-5, Page 23 of 86 ORDINANCE NO. ________ 21 subpoena shall appear at the time and place therein stated and produce the books and records required, if any, and shall testify truthfully under oath administered by the chairman in charge of the hearing on appeal as to any matter required of him pertinent to the appeal, and it shall be unlawful and a misdemeanor punishable under RMC 1-3-1, as it exists or may be amended, for him or her for the person to fail or refuse so to do. 3.Revocation Hearing: To satisfy due process, before a revocation of a business license and/or a closure of that business which appears to constitute a Chronic Nuisance Premises, as defined in this Chapter, the business owner may have a revocation hearing. The Administrator shall cause a notice of the time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to introduce evidence on its own behalf. The Administrator shall determine whether any of the Chronic Nuisance Premises criteria have been proven by a preponderance of the evidence. The Administrator may render an immediate ruling that shall be reduced to writing within three (3) business days, or the Administrator may render a written ruling within five (5) business days. If the owner wishes to appeal, the owner may appeal to the Hearing Examiner pursuant to RMC 4-8-110.C and E, as they exist or may be amended. In the event of an emergency revocation and/or closure of the business the same process applies, but simply after, the emergency closure. 6b. - City Attorney Department recommends amending RMC 5-5, Page 24 of 86 ORDINANCE NO. ________ 22 SECTION XI.Section 5-5-6, Confidentiality of Information, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: The current provisions of RCW 82.32.330 and subsequent amendments are hereby (Disclosure of return or tax information), as it exists or may be amended, are adopted by reference as if fully set forth herein. SECTION XII.The City Council declares an emergency and this ordinance shall be effective immediately upon adoption. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2014. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2014. Denis Law, Mayor 6b. - City Attorney Department recommends amending RMC 5-5, Page 25 of 86 ORDINANCE NO. ________ 23 Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1809:1/31/14:scr 6b. - City Attorney Department recommends amending RMC 5-5, Page 26 of 86 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: High school golf team - fee waiver request Meeting: REGULAR COUNCIL - 10 Feb 2014 Exhibits: High school request Fee Waiver Request form Submitting Data: Dept/Div/Board: Community Services Staff Contact: Kelly Beymer, Parks and Golf Course Dir. - ext. 6617 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Approx. $2,900 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Authorize a fee waiver for green fees and driving range fees associated with the Liberty high school girls golf team. Maplewood Golf Course requires community service from the golf team members which includes; assisting with picking up litter throughout the driving range after use, and the golf course. Staff schedules a divot repair, sand and seeding time for members on the team to participate. Liberty high school has also hosted two tournaments at Maplewood, and purchases new golf bags and supplies through the pro shop. STAFF RECOMMENDATION: Authorize Maplewood Golf Course to waive associated fees for the Liberty high school girls golf team for the 2014 spring season. 6c. - Community Services Department requests approval to waive golf course Page 27 of 86 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. Name of Group:Liberty High School Girls Golf Team Group Contact Person: Stark Porter Contact Number:425-837-4807 Address:16655 SE 136th ST. – Renton 98059 Email Address: Date of Event:March 2014 – May 2014 Number in Party:12 Location:Maplewood Golf Course Type of Event:High School Golf – practice and matches Staff Contact Name/Telephone:Kelly Beymer – 430-6617 What is the total cost of the rental and applicable fees?Approx. $2,900 What is the cost of the fee waiver or reduction requested?$2,900 Describe event and explain reduction or waiver of fees: To promote Junior Golf within the school and continued relationship between High Schools and the Community Services, Recreation Div., i.e., inter-local agreement. In addition, staff coordinates community service involvement with teams to assist the golf course with repairing divots, picking up garbage, and sanding and seeding of fairways. Staff Recommendation:Approve fee waiver for Liberty High School girls golf team for their 2014 season. Council Approval cc: 6c. - Community Services Department requests approval to waive golf course Page 28 of 86 6c. - Community Services Department requests approval to waive golf course Page 29 of 86 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Construction Management Services Agreement with Perteet, Inc., for South Lake Washington Roadway Improvements (Garden Avenue North Widening) Project (CAG 12-071) Supplemental Agreement #3 Meeting: REGULAR COUNCIL - 10 Feb 2014 Exhibits: Issue Paper Supplemental Agreement #3 Submitting Data: Dept/Div/Board: Public Works Staff Contact: James Wilhoit, Transportation Design Project Manager, x7319 Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ 130,514 Transfer Amendment: $ Amount Budgeted: $ 2,614,400 Revenue Generated: $ Total Project Budget: $ 849,000 City Share Total Project: $ 1,103,901 SUMMARY OF ACTION: This supplemental agreement amends the existing consultant agreement with Perteet, Inc. for construction management services for the South Lake Washington Roadway Improvements (Garden Avenue North Widening) Project to compensate for extended construction field coverage. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement #3 with Perteet, Inc. in the amount of $130,514 to provide additional field coverage, increasing the contract total from $253,897 to $384,411. 6d. - Transportation Systems Division recommends approval of Supplemental Page 30 of 86 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:February 10, 2014 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM: Gregg Zimmerman, Public Works Administrator STAFF CONTACT:James Wilhoit, Project Manager (x7319) SUBJECT:Construction Management Services Agreement with Perteet, Inc., for South Lake Washington Roadway Improvements (Garden Avenue North Widening) Project (CAG 12-071) Supplemental Agreement #3 ISSUE: Should the City enter into Supplemental Agreement #3 with Perteet, Inc., for construction management services for the South Lake Washington Roadway Improvements (Garden Avenue North Widening) Project to compensate for extended construction field coverage? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement #3 with Perteet, Inc. in the amount of $130,514 to provide additional field coverage, increasing the contract total from $253,897 to $384,411. BACKGROUND: On April 2, 2012, City Council awarded ICON Materials construction contract CAG 12- 021 in the amount of $1,968,690.65 to build the South Lake Washington Roadway Improvements (Garden Avenue North Widening) Project. The scope and magnitude of the construction of this project and the recordkeeping it required made it necessary to retain a professional consulting firm to provide construction management services. These services included limited construction inspection as necessary to supplement 6d. - Transportation Systems Division recommends approval of Supplemental Page 31 of 86 Don Persson, Council President Members of the Renton City Council Page 2 of 2 February 10, 2014 inspection provided by in-house City resources. On May 3, 2012, contract CAG-12-071 was executed with Perteet, Inc. in the amount of $199,506 to provide these services, with a completion date of December 31, 2012. On November 29, 2012, Supplemental Agreement #1 providing additional needed construction inspection and an extension of the contract completion date from December 31, 2012 to December 31, 2013 was executed, increasing the contract amount by $54,391 from $199,506 to a new total of $253,897. Since the execution of Supplement #1, a significant number of construction change orders due to unanticipated conditions and delays in material delivery have extended the construction contract completion well beyond the original date. As a result, Perteet, Inc. has had to provide even more services than were anticipated in its proposal for the original agreement and Supplement #1. Supplemental Agreement #2 approved December 5, 2013, extended the expiration date of the contract to June 30, 2014. Reallocation from other projects and programs will provide sufficient funding to complete this project, including this supplement. cc:Doug Jacobson, Deputy Public Works Administrator, Transportation Bob Hanson, Transportation Design Supervisor James Wilhoit, Project Manager Carolyn Currie, Transportation Administrative Secretary I File 6d. - Transportation Systems Division recommends approval of Supplemental Page 32 of 86 6d. - Transportation Systems Division recommends approval of Supplemental Page 33 of 86 6d. - Transportation Systems Division recommends approval of Supplemental Page 34 of 86 6d. - Transportation Systems Division recommends approval of Supplemental Page 35 of 86 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2014-2015 ORCA Business Passport Contract Meeting: REGULAR COUNCIL - 10 Feb 2014 Exhibits: Issue Paper 2014-2015 ORCA Business Passport Contract Resolution 4035 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Dan Hasty, Transportation Planner (x7217) Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ 92,902 Transfer Amendment: $63,902 Amount Budgeted: $ 29,000 Revenue Generated: $ Total Project Budget: $ 92,902 City Share Total Project: $ 92,902 SUMMARY OF ACTION: The ORCA Business Passport Program is a core element of the City’s Commute Trip Reduction (CTR) Program for eligible City employees. This contract will continue Renton’s participation in all elements until February 28, 2015. The ORCA Business Passport Program allows employers to buy annual passes in bulk at an extreme discount over the retail pricing. As of 2013, the cost of the ORCA Business Passport is no longer subsidized by King County Metro or any other agency. Included in the ORCA Business Passport Program are: 1. Unlimited rides by card holders on bus, light rail, and commuter rail services provided by King County Metro, Pierce Transit, Sound Transit, and others 2. 100% VanPool and VanShare subsidies 3. Guaranteed Ride Home Program for all registered participants which provides a free taxi ride home in the event of an emergency or illness up to eight times per year The approved budget for this program in 2014 was $29,000. An additional $63,902 is needed to cover the budget shortfall. This budget amendment will be part of the next Carry Forward Ordinance. STAFF RECOMMENDATION: Approve the transfer of an additional $63,902 to the ORCA Business Passport contract to cover a potential budget shortfall and authorize the Mayor and City Clerk to execute the agreement for purchase of ORCA Business Cards and ORCA Business Passports with King County Metro Transit. 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 36 of 86 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:February 10, 2014 TO:Don Persson, Council President Members of the Renton City Council VIA:Dennis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Dan Hasty, Transportation Planner, (x7217) SUBJECT:2014-2015 ORCA Business Passport Contract ISSUE: Should Council approve the transfer of an additional $63,902 to the ORCA Business Passport contract to cover a potential budget shortfall and authorize the Mayor and City Clerk to execute the agreement for purchase of ORCA Business Cards and ORCA Business Passports with King County Metro Transit? RECOMMENDATION: Approve the transfer of an additional $63,902 to the ORCA Business Passport contract to cover a potential budget shortfall and authorize the Mayor and City Clerk to execute the agreement for purchase of ORCA Business Cards and ORCA Business Passports with King County Metro Transit. BACKGROUND: In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction (CTR) Law in the early 1990s. The CTR law requires employers with 100 or more employees arriving to work between the hours of 6:00 and 9:00 a.m. to have transportation programs for their employees that encourage the use of alternatives to single occupancy vehicles. Under the CTR law, the City of Renton is classified as a CTR affected employer. During the past 15 years the City has entered into annual agreements with transit agencies to purchase public transit passes in bulk at a reduced rate. These passes are provided to each regular City employee as a core fundamental piece of the City’s CTR Program. This program is paid for out of the general fund. 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 37 of 86 Don Persson, Council President Members of the Renton City Council Page 2 of 2 February 10, 2014 The ORCA Business Passport offers unlimited rides on Sound Transit, King County Metro Transit, Pierce Transit and others. It covers travel on buses, light rail, and commuter rail. In addition, it features 100% subsidies for VanPool and VanShare participants of King County Metro, Community, Kitsap and Pierce transit vehicles, as well as a Guaranteed Ride Home Program (free emergency taxi service for employees). In 2013-2014 the retail value of transit services used by City staff is estimated to be approximately $146,000. Vanpool participation comprised the largest share of this value with approximately $95,600 spent on its services. Sounder, light rail, and bus usage cost approximately $35,500 with an additional $14,700 for VanShare (VanShare provides older Metro vans for connection between City Hall and the Sounder Station). The Guaranteed Ride Home Program costs approximately $500. The cost for the time period of March 1, 2014 to February 28, 2015 is $464.51 per pass. This is a significant savings over buying the passes through King County Metro Transit outside of the ORCA Business Passport Program. If passes were purchased in lesser quantities, each equivalent pass could cost as much as $2,268. Additionally, these passes would not include other benefits of the FlexPass Program, such as Guaranteed Ride Home or the 100% VanShare and VanPool subsidies. This agreement allows for the purchase of 200 passes at a total cost of $92,902 for use by eligible City employees. The $29,000 budgeted in 2014 assumed the program would be revised by eliminating ORCA Business Passport passes for employees and replacing them with a $50/month subsidy for staff that utilizes transit. However, this change in benefits has not been negotiated with the labor unions, therefore the ORCA Business Passport Program must be renewed. $40,521 of the needed $63,902 will come from 2014 salary savings for the unfilled Principal Financial Analyst position and the remaining $23,381 will come from the General Fund. The budget amendment will be part of the next Carry Forward Ordinance. cc:Doug Jacobson, Deputy Public Works Administrator, Transportation Jim Seitz, Transportation Planning & Programming Supervisor Carolyn Currie, Administrative Secretary I File 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 38 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 39 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 40 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 41 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 42 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 43 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 44 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 45 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 46 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 47 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 48 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 49 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 50 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 51 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 52 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 53 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 54 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 55 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 56 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 57 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 58 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 59 of 86 6e. - Transportation Systems Division recommends approval of the 2014-2015 Page 60 of 86 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Amendment #1 to SRG Partnership Contract CAG 12-132 – Central Sound Aerospace Training Center Meeting: REGULAR COUNCIL - 10 Feb 2014 Exhibits: Issue Paper SRG Partnership Fee Schedule of Fees Amendment #1 to SRG Partnership CAG 12-132 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ben Dahle, Airport Civil Engineer (x7476) Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ 806,142 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $12,317,456 Total Project Budget: $ 12,317,456 City Share Total Project: $ SUMMARY OF ACTION: The state has awarded the City an additional $9.95M to fund construction of the Central Sound Aerospace Training Center at the Airport. The additional state funding allows for an expanded architectural design of the new larger facility. In order to provide the expanded design, SRG Partnership has revised the scope of work under their current contract, CAG 12-132, and increased their fee schedule by $806,142, for a total contract amount of $1,519,052. This project is funded entirely by the State Legislative Appropriations. STAFF RECOMMENDATION: Approve Amendment #1 to CAG 12-132 with SRG Partnership for an increased fee in the amount of $806,142, for the Central Sound Aerospace Training Center and authorize the Mayor and City Clerk to sign the amendment. 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 61 of 86 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:February 10, 2014 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ben Dahle, Airport Civil Engineer (x7476) SUBJECT:Amendment #1 to SRG Partnership Contract CAG 12-132 – Central Sound Aerospace Training Center ISSUE: Should the Council approve Amendment #1 to CAG 12-132 with SRG Partnership for an increased fee in the amount of $806,142, for the Central Sound Aerospace Training Center and authorize the Mayor and City Clerk to sign the Amendment. RECOMMENDATION: Approve Amendment #1 to CAG 12-132 with SRG Partnership for an increased fee in the amount of $806,142, for the Central Sound Aerospace Training Center and authorize the Mayor and City Clerk to sign the Amendment. BACKGROUND: The state recently awarded the City two additional appropriations equaling $9,950,000 to expand the scope of the Central Sound Aerospace Training Center. This also increases the architectural services needed to complete the expanded project scope. This amendment will increase the design effort to complete the expanded facility. Since the contract was first executed, the scope of the project and grant funding has increased. Originally, the state appropriated $2.4M for the project. As regional aerospace needs were identified, the scope of the project evolved from meeting local training demand to meeting regional aerospace training demand. In 2013, the state appropriated an additional $9.95M to the project. Architectural and engineering efforts for this project have increased due to the scope increase. 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 62 of 86 Don Persson, Council President Members of the Renton City Council Page 2 of 2 February 10, 2014 H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\2014 Agenda Bills\Ag Bill - SRG Supplement 1(2) The original contract fee schedule was for $712,910, and Amendment #1 increases the contract fee schedule by $806,142, for a total contract amount of $1,519,052. The cost of this project is being fully funded through the State Legislative Appropriations and is budgeted in the Airport CIP fund 422.725111.016.594.46.63.000 Central Sound Aerospace Training Center. cc:Doug Jacobson, Deputy PW Administrator – Transportation Hai Nguyen, Financial Analyst Carolyn Currie, Transportation Administrative Secretary Susan Campbell-Hehr, Airport Secretary 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 63 of 86 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 64 of 86 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 65 of 86 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 66 of 86 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 67 of 86 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 68 of 86 6f. - Transportation Systems Division recommends approval of Amendment #1 Page 69 of 86 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Addendum No. 1 to CAG-13-023, Sunset Community Plan SSIP – Harrington Avenue NE Green Connections Phase II Project with CH2M Hill Engineers, Inc. Meeting: REGULAR COUNCIL - 10 Feb 2014 Exhibits: Issue Paper Addendum No. 1 to CAG-13-023 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ron Straka, x7248, Hebé C. Bernardo, x7264 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $106,538 Transfer Amendment: $NA Amount Budgeted: $ $106,538 Revenue Generated: $NA Total Project Budget: $ $120,000 (2014)City Share Total Project: $ NA SUMMARY OF ACTION: The Harrington Avenue NE Green Connections Project is divided into two phases. Phase I will install bioretention stormwater facilities and permeable concrete sidewalk improvements along Harrington Avenue NE between NE 16th Street and NE 10th Street. Phase II consists of designing the bioretention stormwater facilities and permeable concrete sidewalk improvements along Harrington Avenue NE between Sunset Boulevard NE and NE 7th Street. The proposed work to be completed under Addendum No. 1 to CAG-13-023 with CH2M Hill Engineers, Inc., in the amount of $106,538, will complete the project design. Work will include data collection, survey and basemap preparation, permitting support, pre-final design of the facility, preparation of construction plans and specifications, a technical information report, and project management. The project design is scheduled to start in the first quarter of 2014. In accordance with the funding agreement with Washington State Department of Ecology (Ecology), the project’s 90% design plans must be completed by August 1, 2014. All project work and grant close-out must be completed by January 31, 2015. The approved 2014 CIP budget for the Harrington Avenue NE Green Connections Phase II Project (427.475500) is $120,000. The project is fully funded by Task 3 of Ecology’s FY 2013 Municipal Stormwater Capacity Grant Agreement No. G1400283 ($120,000), which was approved by Council on November 18, 2013. The remaining project budget is for City project management. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Addendum No. 1 to CAG-13-023 with CH2M Hill Engineers, Inc. for the Harrington Avenue NE Green Connections Phase II Project to design bioretention stormwater facilities and permeable concrete sidewalks along Harrington Avenue NE from Sunset Blvd NE Street to NE 7th Street, in the amount of $106,538. 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 70 of 86 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:January 30, 2014 TO:Don Persson, Council President Members of the City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ron Straka, Surface Water Utility Supervisor, x7248 Hebé C. Bernardo, Surface Water Utility Engineer, x7264 SUBJECT:Addendum No. 1 to CAG-13-023, Sunset Community Plan SSIP – Harrington Avenue NE Green Connections Phase II Project with CH2M Hill Engineers, Inc. ISSUE: Should Council approve Addendum No. 1 to CAG-13-023 with CH2M Hill Engineers, Inc. for the Harrington Avenue NE Green Connections Phase II Project to design bioretention stormwater facilities and permeable concrete sidewalks along Harrington Avenue NE from Sunset Avenue NE Street to NE 7th Street, in the amount of $106,538? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Addendum No. 1 to CAG-13-023 with CH2M Hill Engineers, Inc. for the Harrington Avenue NE Green Connections Phase II Project to design bioretention stormwater facilities and permeable concrete sidewalks along Harrington Avenue NE from Sunset Avenue NE Street to NE 7th Street, in the amount of $106,538. BACKGROUND: The City of Renton completed and adopted the Sunset Community Plan and Planned Action Environmental Impact Statement that evaluated potential impacts of redevelopment in the Sunset Area and required infrastructure. As part of this effort the City developed and adopted the Sunset Area Surface Water Master Plan, which identifies stormwater improvements to convey, treat, and infiltrate runoff from the existing and future land cover conditions. Recommended improvements included in the retrofit of Harrington Avenue NE to integrate green connections (bioretention stormwater facilities and permeable pavement) into the existing right-of-way between NE 16th Street and NE 7th Street (vicinity map attached). Preliminary design work to collect data on subsurface conditions and update existing hydrologic and hydraulic analysis to refine sizing of the green connections has been completed by CH2M Hill 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 71 of 86 Mr. Persson, Council President Page 2 of 2 January 30, 2014 \HCBah Engineers, Inc. as part of the Engineering Consultant Agreement CAG-12-048, which was approved by Council on March 30, 2012. The purpose of the Harrington Avenue NE Green Connections Phase II Project is to provide stormwater quality treatment for the street pollution generating impervious surfaces and tributary areas in the Sunset Area community by providing enhanced basic water quality treatment prior to discharging into Johns Creek. The project will install bioretention stormwater facilities and permeable concrete sidewalk improvements along Harrington Avenue NE from Sunset Boulevard NE to NE 7th Street. The Harrington Avenue NE Green Connections Project is divided into two phases. Phase I will install bioretention stormwater facilities and permeable concrete sidewalk improvements along Harrington Avenue NE between NE 16th Street and NE 10th Street. Phase II consists of designing bioretention stormwater facilities and permeable concrete sidewalk improvements along Harrington Avenue NE between Sunset Boulevard NE and NE 7th Street. The proposed work to be completed under Addendum No. 1 to CAG-13-023, in the amount of $106,538, will complete the Harrington Avenue NE Green Connections Phase II project design. Work will include data collection, survey and basemap preparation, permitting support, pre-final design of the facility, preparation of construction plans and specifications, a technical information report and project management. The project design is scheduled to start in the first quarter of 2014. In accordance with the funding agreement with Washington State Department of Ecology (Ecology), the project’s 90% plans must be completed by August 1, 2014. All project work and grant close-out must be completed by January 31, 2015. The approved 2014 CIP budget for the Harrington Avenue NE Green Connections Phase II Project (427.475500) is $120,000. The project is fully funded by Task 3 of Ecology’s FY 2013 Municipal Stormwater Capacity Grant Agreement No. G1400283 ($120,000), which was approved by Council on November 18, 2013. The remaining project budget is for City project management. CONCLUSION: The Harrington Avenue NE Green Connections Phase II Project will improve the quality of the stormwater runoff in the Sunset Area prior to discharging into Johns Creek. The Surface Water Utility recommends the City Council authorize the Mayor and City Clerk to execute the proposed Addendum No. 1 to CAG-13-023, in the amount of $106,538, with CH2M Hill Engineers, Inc. Attachment cc:Lys Hornsby, Utility Systems Director 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 72 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 73 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 74 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 75 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 76 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 77 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 78 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 79 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 80 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 81 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 82 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 83 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 84 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 85 of 86 6g. - Utility Systems Division recommends approval of Addendum #1 to CAG-13-023, Page 86 of 86