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HomeMy WebLinkAboutAgenda Packet for 03/07/2016CITY OF enton AGENDA City Council Regular Meeting 7:00 PM - Monday, March 7, 2016 Council Chambers, 7th Floor, City Hall — 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS a) Custer Fund (RCF) Donation b) Renton Human Trafficking Awareness Event 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 30 minutes. • The second comment period, later on the agenda, is unlimited in duration. • 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. 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 February 22, 2016. Council Concur b) AB - 1614 Community & Economic Development Department recommends adoption of an ordinance granting a 10 -year franchise agreement with Level 3 Communications, LLC as a purveyor of broadband telecommunication services within the City of Renton. Refer to Utilities Committee c) AB - 1616 Community & Economic Development Department submits 10% Notice of Intent to Annex petition for the proposed Bradley Annexation and recommends a public meeting be set on 3/21/2016 to consider the petition; 17.7 acres bordered to the south by parcel lines located near SE 146th PI. (if extended), by parcel lines near 157th PI. SE to the east, parcel lines in proximity to SE 142rd PI. to the north, and by 154th PI. SE to the west. Council Concur d) AB - 1598 Community Services Department requests approval to waive the shelter fees in the amount of $280 for the annual REACH "CROP Out Hunger Walk" on 5/1/2016. Refer to Finance Committee e) AB - 1611 Community Services Department submits CAG -15-082, Gene Coulon Memorial Beach Park - Concrete Tile Rehabilitation Project, contractor Road Construction Northwest; and requests acceptance of the project, an release of retainage in the amount of $28,034.03, if all required releases are obtained. Council Concur f) AB - 1613 Human Resources/ Risk Management Department recommends approval of the reclassification of a HR Manager (m30) to HR Labor Relations Classification and Compensation Manager (m36) in the Human Resources and Risk Management Department, effective immediately with an increased cost of $7,280, for 2016. Refer to Finance Committee g) AB - 1617 Police Department recommends amending the City of Renton Index of Positions and Pay Ranges, included in the 2015-2016 Biennial Budget, by approving the new position of Police Manager (m30) and authorize the Administration to fill this position through eliminating the Police Commander position in the Staff Services Division of the Police Department. Refer to Public Safety Committee h) AB - 1610 Transportation Systems Division recommends approval of a monthly rent increase based on the Consumer Price Index -Urban for all Airport T -hangers from $393.62 to $462, including leasehold excise tax, with an annual increased revenue of $7,400, effective 4/1/2016. Refer to Transportation (Aviation) Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Transportation (Aviation) Committee: Project Acceptance of SW 27th St./Strander Blvd. Extension, Phase 1 8. RESOLUTIONS AND ORDINANCES Ordinance for second and final reading: a) Abandoned Shopping Cart Enforcement (First reading on 2/22/15) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. AUDIENCE COMMENTS 11. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Conferencing Center March 7, 2016 Monday, 6:00 p.m. Lodging Tax Funding Allocation Recommendations 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 AGENDA ITEM #6. a) 'Renton O MINUTES City Council Regular Meeting 7:00 PM - Monday, February 22, 2016 Council Chambers, 7th Floor, City Hall —1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Randy Corman, Council President Ryan Mclrvin Armondo Pavone Ruth Perez Don Persson Ed Prince Carol Ann Witschi ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Alex Tuttle, Assistant City Attorney Jason Seth, City Clerk Nancy Carlson, Human Resources and Risk Management Administrator Ellen Bradley -Mak, Human Resources and Risk Management Administrator Preeti Shridhar, Deputy Public Affairs Administrator Kelly Beymer, Community Services Administrator Gregg Zimmerman, Public Works Administrator Cliff Long, Economic Development Director Commander Dave Liebman, Police Department PROCLAMATION Del Mead Day - February 24, 2016: A proclamation by Mayor Law was read declaring February 24, 2016 to be "Del Mead Day" in the City of Renton, and all citizens were encouraged to join in wishing Del a very happy birthday and thank her for her 16 years of February 22, 2016 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6, a) dedicated volunteer service. Ms. Mead expressed her love and appreciation for the City of Renton and accepted the proclamation with thanks. MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL ADOPT THE PROCLAMATION AS READ. CARRIED. World Spay Day - February 23, 2016: A proclamation by Mayor Law was read declaring February 23, 2016 to be "World Spay Day 2016" in the City of Renton, and all citizens were encouraged to join in this special observance by having their own pets spayed or neutered or by sponsoring the spaying or neutering of a pet in need. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE PROCLAMATION AS READ. CARRIED. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2015 and beyond. Items noted were: • Preventative street maintenance will continue to impact traffic and result in occasional street closures. The Renton History Museum has received a grant of $10,000 from First Financial Northwest Foundation for the renovation of the museum lobby this spring. This grant is in addition to a Building for Culture award of $20,500 from 4Culture and King County. The museum lobby renovation project will result in a more attractive and educational introduction to Renton's history and will begin in April. The Community Services Department has scheduled tree work the week of February 22nd on South 2nd Street across from Renton High School. Fourteen oak trees in the center boulevards will be pruned to remove dead branches and correct branch growth on some trees. Two westbound lanes will be closed temporarily between 9:00 a.m. and 3:00 p.m. The other two westbound lanes will remain open. Public Works Administrator Gregg Zimmerman provided Council with information regarding the Solid Waste Collection Contract transition. He clarified that the Administration recommends the current Waste Management contract be extended through November 1, 2016, with a possibility to extend it further if needed, so as to provide sufficient time for the following implementation steps of the new contract with Republic Services to take place: • New contract proposal approval and adoption by Council. • Equipment procurement. • Route development. • Employee development hiring and training. • Cart and container re -labeling. • Customer data and billing transfer. • Public education and outreach. Councilmember Persson requested that the contract be extended through February 1, 2017 so as to ensure employment for all Waste Management employees during the holidays. Council voiced no objections to setting the extension date with Waste Management to a date in February 2017. February 22, 2016 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) CONSENT AGENDA Items listed on the consent agenda were adopted with one motion, following the listing. At the request of Councilmember Persson, Consent Agenda item 8.e. was pulled for separate consideration. a) Approval of the Council Meeting minutes of 2/8/2016. Council Concur. b) AB - 1602 Mayor Law reappointed Roxanna Johnson to the Planning Commission for a term expiring 1/31/2019. Council Concur. c) AB - 1605 Administrative Services Department recommended adopting a resolution to set the threshold for state sales tax credit for 2016 at $4,873,000 related to the Benson Hill annexation. (See below for resolution.) Council Concur. d) AB -1603 Community Services Department reported the results from the 1/26/2016 bid opening for CAG -15-229 - Meadow Crest Playground, Phase 2 - Nature Play Area; and submitted the staff recommendation to accept the lowest responsive bid submitted by Paul Brothers, Inc. in the amount of $210,540.78, and accept the $55,000 donation from the Charles Custer Fund, and adjust the budget. Refer to Finance Committee. f) AB -1609 Community Services Department requested approval to waive golf course green fees and driving range fees in the amount of $3,100 for the Liberty High School Girls Golf Team for the 2016 season. Council Concur. g) AB - 1604 Human Resources / Risk Management Department recommended approval of a contract with Carl Warren & Co. in an amount not to exceed $150,000 over a three-year period, for the purpose of claims adjusting services. Refer to Finance Committee. h) AB - 1600 Transportation Systems Division submitted CAG -11-133, SW 27th Street/Strander Blvd. Extension, Phase 1 Segment 2A Project, contractor Guy F. Atkinson Construction, LLC; and requested acceptance of the project, and approval of the final pay estimate of $230,383.90, subject to receiving the required certifications. Refer to Transportation (Aviation) Committee. i) AB - 1601 Transportation Systems Division submitted CAG -14-106, Highlands to Landing Pedestrian Connection Project, contractor R.L. Alia Company; and requested acceptance of the project, and approval of the final pay estimate of $788.40, subject to receiving the required certifications. Council Concur. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA MINUS ITEM 8.E. CARRIED. ITEM B.E. - SEPARATE CONSIDERATION e) AB - 1606 Community Services Department submitted a Lease amendment to LAG -14-006 with Amazing Grace Lutheran Church, extending the lease amounts and duration, and for renovations on the third floor of the 200 Mill Building for the Renton Preparatory Christian School in the amount of $390,000 over 6 years. Refer- to- FinaRae Gemmitte MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 8.E. AS COUNCIL CONCUR. CARRIED. February 22, 2016 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) UNFINISHED BUSINESS a) Finance Committee Chair Persson presented a report approving for payment on February 22, 2016 claims vouchers 344913 - 345291, four wire transfers and one payroll run with benefit withholding payments totaling $5,042,562.22 and payroll vouchers including 753 direct deposits and 93 payroll checks totaling $1,705,077.29. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the Interlocal Agreement with Valley Medical Center for Valley Medical Occupational Health Services for 2016 in the amount of $73,365 and adopt the associated resolution. (See below for resolution.) MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Transportation (Aviation) Committee Chair Perez presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with King County Metro Transit for the purchase of ORCA Business Cards and ORCA Business Passport Products. MOVED BY PEREZ, SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. RESOLUTIONS AND ORDINANCES Resolutions: a) Resolution No. 4276: A resolution was read authorizing the City of Renton to impose a Sale and Use Tax as authorized by RCW 82.14.415 as a credit against state sales and use tax, relating to annexations. MOVED BY PERSSON, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4277: A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement with Public Hospital District No. 1 of King County, D/B/A Valley Medical Center Occupation Health Services. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for first reading: d) Ordinance No. 5786: An ordinance was read amending Chapter 27, Shopping Cart Regulation, of Title VI (Police Regulations) of the Renton Municipal Code, by clarifying regulations; adding definitions for 'Administrator,' Sign,' Cart Sign,' and 'Impounded Cart;' delegating the requirements for shopping cart retrieval and containment plans; and adding fines for violations of this Chapter. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. February 22, 2016 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6. a) Ordinance for second and final reading: e) Ordinance No. 5785: An ordinance was read establishing an assessment district for sanitary sewer service for properties adjacent to SE 165th St., and establishing the amount of the charge upon connection to the facilities. NEW BUSINESS MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Please see attached Council Committee Meeting calendar. EXECUTIVE SESSION & ADJOURNMENT MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 25 MINUTES TO DISCUSS LABOR NEGOTIATIONS - RCW 42.30.140(4)(b) WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS ADJOURNED. CARRIED. TIME: 7:31 P.M. Executive session was conducted. There was no action taken. The executive session and Council Meeting adjourned at 8:05 p.m. Jason A. Seth, CMC, City Clerk Megan Gregor, Recorder Monday, February 22, 2016 February 22, 2016 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #6, a) Council Committee Meeting Calendar February 22, 2016 February 25, 2016 Thursday CANCELED Planning & Development Committee, Chair Prince CANCELED Community Services Committee, Chair Witschi 8:30 AM - 4:30 PM City Council Retreat, Chair Corman - Maplewood Greens, Cedar Room 1. Downtown Revitalization 2. Council Communication and Process February 26, 2016 Friday 8:30 AM - 4:30 PM February 29, 2016 Monday NO MEETINGS March 7, 2016 Monday City Council Retreat, Chair Corman - Maplewood Greens, Cedar Room 1 . Capital Improvement Plan Review 2. Sidewalks 3. Traffic Congestion 4. Benson Hill Community Plan Update 5. Annexation Policy Review 6. Community Involvement and Programs 7. Business Plan Fifth Monday 4:30 PM Utilities Committee, Chair Mclrvin - Council Conference Room 1. Solid Waste Briefing 2. Wastewater Briefing 5:00 PM Transportation Committee, Chair Perez - Council Conference Room 1 . SW 27 St./Strander Blvd. Extension, Phase 1 Segment 2A Project 2. Emerging Issues in Transportation 6:00 PM Committee of the Whole, Chair Corman - Conferencing Center 1. Lodging Tax Funding Allocation Recommendations AGENDA ITEM #6. b) AB - 1614 CITY OF enton 0 SUBJECT/TITLE: Level 3 Communications, LLC Franchise Agreement RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Amanda Askren, Property & Technical Services Manager EXT.: 7369 Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A Level 3 Communications is a premier global communications provider headquartered in Broomfield, Colorado that provides communications services to enterprise, government, and carrier customers. Level 3 has requested a franchise agreement with the City of Renton in order to provide broadband internet and telephone services. A separate franchise would be pursued if Level 3 seeks to provide cable services in the future. The franchise being sought with the City of Renton would allow for the installation of communication facilities, specifically fiber optic cable and related appurtenances, under, along, over, below and through, and across public rights-of-way within the City. The use of the City rights-of-way for this private telecommunications system requires a franchise agreement with the City and is subject to appropriate fees for the reduced value of the affected rights -of way. The franchise agreement permits Level 3 to construct, install, and operate communications equipment, specifically fiber optic cable and related appurtenances within and through public rights -of way, public ways, and other ways within the City of Renton. The length of term agreed to by the City and Level 3 for the proposed franchise agreement would be effective for a period of ten (10) years. A possible 5 -year renewal is allowed for, via the franchise, at the City's discretion.The agreement is formatted to group similar items together: • Sections 1-8 cover the basic franchise approval. • Sections 9-14 cover general work activities. • Sections 15-24 cover basic legal concerns. • Sections 25-27 provide for final franchise adoption A. Issue Paper B. Ordinance Authorize the Mayor and City Clerk to enter into a franchise agreement with Level 3 Communications, LLC as a purveyor of broadband telecommunication services within the City of Renton. AGENDA ITEM #6, b) DEPARTMENT OF COMMUNITY — CITV Of & ECONOMIC DEVELOPMENT Renton O M E M O R A N D U M DATE: February 24, 2016 TO: Randy Corman, Council President Members of Renton City Council VIA: Denis Law, Mayor FROM: C.E. "Chip" Vincent, CED Administrator STAFF CONTACT: Amanda Askren, Property & Technical Services Manager (x7369) SUBJECT: Level 3 Communications, LLC Franchise Agreement ISSUE: Should Council authorize the Mayor and City Clerk to enter into a franchise agreement with Level 3 Communications, LLC? RECOMMENDATION: Staff recommends that Council should authorize the Mayor and City Clerk to enter into a franchise agreement with Level 3 Communications, LLC as a purveyor of broadband telecommunication services within the City of Renton. BACKGROUND SUMMARY: Level 3 Communications is a premier global communications provider headquartered in Broomfield, Colorado that provides communications services to enterprise, government, and carrier customers. Level 3 has requested a franchise agreement with the City of Renton in order to provide broadband internet and telephone services. A separate franchise would be pursued if Level 3 seeks to provide cable services in the future. The franchise being sought with the City of Renton would allow for the installation of communication facilities, specifically fiber optic cable and related appurtenances, under, along, over, below and through, and across public rights-of-way within the City. The use of the City rights-of-way for this private telecommunications system requires a franchise agreement with the City and is subject to appropriate fees for the reduced value of the affected rights -of way. The franchise agreement permits Level 3 to construct, install, and operate communications equipment, specifically fiber optic cable and related appurtenances within and through public rights -of way, public ways, and other ways within the City of Renton. AGENDA ITEM #6, b) Randy Corman, Council President Members of Renton City Council Page 2 of 3 February 24, 2016 The length of term agreed to by the City and Level 3 for the proposed franchise agreement would be effective for a period of ten (10) years. A possible 5 -year renewal is allowed for, via the franchise, at the City's discretion. The agreement is formatted to group similar items together Sections 1-8 cover the basic franchise approval. Sections 9-14 cover general work activities. Sections 15-24 cover basic legal concerns. Sections 25-27 provide for final franchise adoption. OUTLINE FOR LEVEL 3, LLC FRANCHISE AGREEMENT 1. Definitions: Provides definitions of key terms used in the agreement. 2. Purpose: Explains purpose of the cooperative agreement. 3. Privileges Conveyed: Grants basic franchise rights to Level 3 for a limited, non- exclusive franchise. 4. Term: Defines length of agreement, and option to extend. 5. Recovery of Costs: Allows City to charge an administrative fee to recover costs. 6. Assignment and Transfer of Franchise: Requires Council approval for transfer. 7. Compliance with Laws — Reservation of Powers and Authority: Explains legal obligations for Level 3. 8. Non-exclusive Franchise: Allows Renton to grant other or further franchises. 9. Permits, Construction and Restoration: Outlines permitting, bonds, restoration and other construction requirements. 10. Coordination and Shared Excavations: Requires reasonable efforts to coordinate work within the franchise area. 11. Hazardous Materials: Regulates use of hazardous substances. 12. Emergency Work — Permit Waiver: Requires prompt response in an emergency and defers permits to correct dangerous conditions. 13. Records of Installation: Requires as -built drawings and provision of plans for potential improvements upon City request. 14. Undergrounding of Facilities: Requires undergrounding consistent with Renton Municipal Code. 15. Relocation of Franchisee Facilities: Level 3 is required to relocate its facilities at its cost when there are identified conflicts with new City streets or utilities. 16. Abandonment and Discontinuance of Franchisee's Facilities: Requires notice to the City when use ceases or facilities are abandoned. 17. Termination, Violations and Remedies: Describes termination of franchise, discontinuation of operations, obligation of Franchisee, and remedies to parties. 18. Dispute Resolution: Provides process for alleged default as to performance 19. Arbitration: Establishes process for arbitration, discovery, compensatory damages, and assignment of costs. 20. Alternative Remedies: Allows for judicial relief. AGENDA ITEM #6, b) Randy Corman, Council President Members of Renton City Council Page 3 of 3 February 24, 2016 21. Amendments to Franchise: Specifies process for written amendment to franchise. 22. Indemnification: Franchisee shall indemnify, defend, and hold harmless Renton for the duration of the Franchise. 23. Insurance: Requires the Franchisee to procure and maintain insurance for the duration of the Franchise. 24. Discrimination Prohibited: Provides standard language now included on all franchise agreements. 25. Notice: Outlines noticing procedures and contact information. 26. Miscellaneous: Minor clarifications, including stating the franchise requirements apply to Level 3, its successors and contractors. 27. Effective Date: Franchise becomes effective five days after legal publication. Level 3 Communications, LLC must file its written acceptance of this franchise with the City Clerk within 60 days after approval by the mayor in order to claim any right or benefit under this franchise agreement. cc: Mark Peterson, Fire Chief & Fire and Emergency Services Administrator Gregg Zimmerman, Public Works Administrator Jennifer Henning, Planning Director Lys Hornsby, Utility Systems Director Brianne Bannwarth, Development Engineering Manager Pat Miller, Construction Inspector Supervisor Holly Powers, Development Services Representative AGENDA ITEM #6, b) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO LEVEL 3 COMMUNICATIONS, LLC, AUTHORIZED TO DO BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED APPURTENANCES, UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC RIGHT-OF- WAY OF RENTON. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I: Definitions For the purposes of this Franchise and Attachment 1, which is fully incorporated by reference, the following defined terms, phrases, words and their derivations shall have the meaning provided below. When not inconsistent with the context in which the word is used, words used in the present tense include the future, words in the plural include the singular, words in lower case shall have their defined meaning even if the words are not capitalized, and words in the singular include the plural. Undefined words shall be given their common and ordinary meaning. 1.1 Administrator: Means the Administrator of Renton's Public Works Department or designee, or any successor office responsible for management of Renton's public properties. 1.2 Construct or Construction: Means to remove, replace, repair, and/or restore any existing Facility, and may include, but are not limited to, digging and/or excavating to remove, replace, repair, and restore existing pipeline(s) and/or Facilities. 1 fees. AGENDA ITEM #6, b) ORDINANCE NO. 1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys' 1.4 Day: Means calendar day(s) unless otherwise specified. 1.5 Facility or Facilities: Means, collectively or individually, any and all fiber optic telecommunication transmission and distribution systems, including but not limited to, poles, wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and communication systems; and any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located across, above, along, below, in, over, through, or underground. Facilities do not include new utility and/or antenna poles for overhead lines, wires, cables and/or antenna, or any noise -creating equipment. 1.6 Franchise: Means this ordinance and any related amendments, attachments, exhibits, or appendices. 1.7 Franchise Area: Means all present and future Renton Rights -of -Way for public roads, alleys, avenues, highways, streets, and throughways (including the area across, above, along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or improved, and; all city -owned utility easements dedicated for the placement and location of various utilities provided such easement would permit Franchisee to fully exercise the privilege granted under this Franchise within the area covered by the easement, without interfering with any governmental functions or other franchises or easements. 2 AGENDA ITEM #6, b) ORDINANCE NO. 1.8 Franchisee: Means Level 3 Communications, LLC, authorized to do business within the State of Washington, and its respective successors and assigns, and when appropriate agents, contractors (of any tier), employees, officers and representatives. 1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant, including all substances designated under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter 70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or may be amended; or any other Laws. The term "Hazardous Substance" shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities, stunted or abnormal growth or development, or genetic abnormalities. 1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree, executive order, governmental approval, permit, regulation, regulatory program, order, rule, published specification, public standard, Environmental Law, or governmental authority, that relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq. (Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80 (Utilities General — Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service — 3 AGENDA ITEM #6, b) ORDINANCE NO. Use of Right -of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW Chapter 80.36 (Telecommunications), WAC Chapter 480-120, et. seq., (Telephone Companies), RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and any related Laws. All references to Laws shall mean as they exist, may be amended or created. 1.11 Parties: Means the City of Renton and Level 3 Communications, LLC. 1.12 Public Properties: Means present and/or future property owned or leased by Renton within Renton's present and/or future control and/or jurisdictional boundaries 1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless their use is otherwise restricted for other users), or other public Rights -of -Way for motor vehicles or any other uses under Renton's control and/or in its jurisdictional boundaries, consistent with RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements — Urban public transportation systems — Title to highway — Traffic regulations — Underground utilities and overcrossings — Passenger transportation — Storm sewers — City street crossings). 1.14 Rights -of -Way: Means the surface and space across, above, along, below, in, over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare, court, easement and similar Public Property, Public Ways, and area within the Franchise Area. 1.15 Tariff: Has the meaning provided in WAC 480-80-030 (Definitions), or such similar definition describing rate schedules, rules and regulations relating to charges and service as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of Washington, over public service companies and/or competitive telecommunication service 4 AGENDA ITEM #6, b) ORDINANCE NO. companies, and such competitive companies must file tariffs in accordance with WAC Chapter 480-80. (WAC 480-120-026 (Tariffs)). 1.16 WUTC: Means the Washington Utilities and Transportation Commission or such successor regulatory agency having jurisdiction over public service and/or telecommunication service companies. 1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by, for, or at Franchisee's request. SECTION II: Purpose 2.1 Authority: Under RCW 35A.47.040, Renton's City Council may grant or not grant a franchise. 2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to Franchisee's use of the Franchise Area and to create a foundation for the Parties to work cooperatively in the public's best interests after this ordinance becomes effective. This Franchise is granted subject to Renton's land use authority, public highway authority, police powers, franchise authority, and any other case law, statutory or inherent authority, and is conditioned upon the terms and conditions provided in this Franchise, and Franchisee's compliance with all Laws. 2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise is granted upon the express condition that Renton retains the absolute authority to grant other or further franchises in any Rights -of -Way and any Franchise Area. This and other franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or 5 AGENDA ITEM #6, b) ORDINANCE NO. affect its jurisdiction over them or any part of them, and Renton retains absolute authority to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacations of same as Renton may see fit, including the dedication, establishment, maintenance and improvement of all new or existing Rights -of -Way, Public Property or Public Ways. SECTION III: Privileges Conveyed 3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c), RMC Chapter 5-19 and the laws of the State of Washington including, but not limited to, RCW 47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public transportation systems — Title to highway — Traffic regulations — Underground utilities and overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW 35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific powers enumerated), RCW 35.99.020 (Permits for use of right -of way), and 80.36.040 (Use of road, street, and railroad right -of way – When consent of city necessary), and any related laws, Renton grants to Franchisee, a Delaware limited liability company, authorized to do business in the State of Washington, and its successors and assigns (subject to and as provided for in Section 6, Assignment and Transfer of Franchise), under this Franchise's terms and conditions, the privilege to install, construct, operate, maintain and improve its Facilities, together with all necessary equipment and appurtenances, for the provision of telecommunications, private line, and internet access services, within the existing Franchise Area, such lands being more particularly described in Attachment 1 which is attached and fully incorporated by reference 11 AGENDA ITEM #6, b) ORDINANCE NO. into the Franchise. Without a separate franchise agreement, Franchisee shall not have the privilege to provide cable services in the City of Renton. 3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise Area. This privilege shall not limit Renton's police powers, any statutory or inherent authority, jurisdiction over its property, Franchise Area, Rights -of -Way, or its zoning or land use authority. The terms and conditions of this Franchise shall not be construed to apply to Facilities located outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to install or use any Facilities outside the Franchise Area, including city -owned or leased properties or easements. 3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the Franchise Area for purposes other than for telecommunications, private line, and internet access services. The Franchisee may use its Facilities' excess capacity, however, Franchisee may not use, convey, lease or share its excess space within the Franchise Area except for sales, leases or other transactions which Franchisee may engage in in the normal course of its business. 3.4 Franchise is Non -Exclusive: As detailed in Section 8, below, Renton grants this non-exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as a telephone business and service provider (as those terms are used in RCW 35.21.860). 3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of the granted privileges, that it has carefully read and fully comprehends the terms and conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the 7 AGENDA ITEM #6, b) ORDINANCE NO. provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states that it has fully studied and considered the requirements and provisions of this Franchise, and believes that the same are consistent with all Laws. If in the future Franchisee becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to amend this Franchise to cure the invalidity or illegality. 3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions of any applicable Laws, as they exist or may be amended. The express terms and conditions of the Franchise constitute a valid and enforceable contract between the Parties, subject to any Laws. 3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or maintained by Franchisee in accordance with prior franchise agreements on public grounds and places within Renton (but which are not a part of the Franchise Area as defined by this Franchise) may be maintained, repaired and operated by Franchisee at the location where such Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided, however, that no such Facilities may be enlarged, improved or expanded without Renton's prior review, written consent, and approval pursuant to the provisions of any applicable Laws. SECTION IV: Term 4.1 Length of Term: Each of the provisions of this Franchise shall become effective upon Franchisee's acceptance of the terms and conditions of this Franchise and the City Council's passage of this ordinance, and shall remain in effect for ten (10) years, unless it is 0 AGENDA ITEM #6, b) ORDINANCE NO. terminated pursuant to Section XIII, Termination, Violations, and Remedies. At any time not more than two (2) years nor less than one -hundred and eighty (180) days before the expiration of the Franchise Term, Franchisee may make a written request and Renton may consider, at its sole discretion, renewing this Franchise for an additional five (5) year renewal period, unless either party expresses its intention in writing to terminate this Franchise at the conclusion of the ten (10) year term. 4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on a year-to-year basis until the Franchise is renewed, terminated or extended. SECTION V: Recovery of Costs 5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton that are directly related to receiving and approving a permit, license and this Franchise, to inspect plans and construction, or for the preparation of a detailed statement pursuant to SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney Department, for review or inspection of activities undertaken through the authority granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton employee time shall be calculated based on their rate of salary, including applicable overtime, benefits and reasonable overhead, and all other costs will be bill based on an actual cost basis. I:7 AGENDA ITEM #6. b) ORDINANCE NO. 5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a), Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other similarly situated telephone businesses or service providers. 5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose a franchise fee or any other Cost of whatever nature or description upon Franchisee as is consistent with federal law. 5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this ordinance. 5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under Laws. 5.6. Emergency Fee: Franchisee shall promptly reimburse Renton for any and all Costs incurred by Renton while responding to any emergency involving public safety. 5.7. Reimbursement period: Franchisee shall reimburse Renton within forty-five (45) days of Renton's submittal of an itemized billing for reasonably incurred Costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by Renton in planning, constructing, installing, repairing, altering, or maintaining any city facility due to the presence in the Public Way of Franchisee's Facilities. SECTION VI: Assignment and Transfer of Franchise 6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit to be forfeited this Franchise, either in whole or in part, without the written consent of the City Qi; AGENDA ITEM #6. b) ORDINANCE NO. Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed to waive any of Renton's rights to subsequently enforce Franchise related non-compliance issues that existed at or before Renton's consent. Any telecommunications assignee or transferee shall, at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the assignment or transfer with Renton, together with its written acceptance of all of the Franchise terms and conditions. The Franchise terms and conditions shall be binding upon the Parties' respective assigns and successors. Notwithstanding the foregoing, Franchisee may pledge the Franchise for security purposes only with the City Council's consent, and consent shall be required for Franchisee to transfer the Franchise or Facilities to a creditor. The rights of any transferee are subject at all times to the terms and conditions of this Franchise, and no transferee will have any greater rights under this Franchise than the rights of Franchisee. 6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, Franchisee shall file with Renton a written instrument evidencing such sale, assignment or transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms and conditions. SECTION VII: Compliance with Laws - Reservation of Powers and Authority 7.1. Compliance: In every aspect related to this Franchise, including but not limited to all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this Franchise or not. 11 AGENDA ITEM #6, b) ORDINANCE NO. 7.2. Incorporation of RMC 5-19. Telecommunications Licenses and Franchises: The conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated by reference into this franchise agreement, unless this agreement requires something different. 7.3. Legitimate Municipal Interest: As to matters subject to the terms and conditions of this Franchise, if Renton determines during the Franchise term that the assertion of a legitimate municipal interest is prohibited by application of federal or state law, then as to such matter and such municipal interest and consistent with its legal obligations, Franchisee shall cooperate with Renton in a good faith effort to address such municipal interest. In this context, neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue is excused by operation of the doctrines of estoppel or waiver. 7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the WUTC order or action establishing a basis for Franchisee's actions related to a specific Franchise issue. SECTION VIII: Non-exclusive Franchise 8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive, and as a result, Renton expressly reserves the right to grant other or further franchises or to use the Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee's use and placement of its Facilities in any Rights -of -Way and/or any Franchise Area. 8.2 Renton's Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or affect Renton's use of the Franchise Area, consistent with this Franchise; or Renton's 12 AGENDA ITEM #6, b) ORDINANCE NO. jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of its statutory, inherent and other powers and franchise authority, as they exist or shall exist. SECTION IX: Permits, Construction and Restoration 9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within the Franchise Area so as not to unreasonably interfere with the free passage of traffic, pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post and maintain proper barricades and comply with all applicable Laws, safety regulations and standards during such period of construction. 9.2 Permit Application Required: Except in the event of an emergency, Franchisee shall first obtain all required documentation and approvals, including permits from Renton to perform Work on Franchisee's Facilities within the Franchise Area. The permit application shall contain detailed plans, maps and specifications showing the position, depth and location of all such Facilities in relation to existing Franchise Area, collectively referred to as the "Plans." The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information. Franchisee shall submit to Renton as -built plans and, when available, digital facility location data in a format compatible with Renton's geographic Information system. Such Work shall only commence upon the issuance of required permits, and payment of the associated fees, which permits shall not be unreasonably withheld or delayed after submission of a complete application. Franchisee shall further inform Renton 13 AGENDA ITEM #6, b) ORDINANCE NO. of any time or date that Franchisee is performing Work within the Franchise Area to allow Renton to inspect such work. 9.3 Boring Required: Work involving undergrounding of Franchisee's facilities within city streets shall be accomplished through boring rather than open trenching whenever reasonably feasible. Franchisee will CCN all Renton owned sewer and storm drain lines on the boring route following completion of the boring work and prior to activating the facility being constructed to verify that these Renton owned lines were not damaged by the boring work. Upon request from Franchisee, Renton may allow for other methods to meet the requirement as may be approved by Renton as part of permitting. 9.4 Facility Placement: The Parties intend that the specific location of Facilities within the Franchise Area (and similar facility -related matters of a specific nature requiring detailed case-by-case analysis) is to be determined in accordance with applicable Laws (including, without limitation, rights of appeal). 9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a condition that in the City of Renton's sole determination would substantially impair or substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at Franchisee's sole expense, to take such actions as are reasonably necessary within the Franchise Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt action, or if an emergency situation requires immediate action, Renton may enter the Franchise Area and take any action necessary to protect the public, any Public Way, Public Property, and Rights -of -Way, and Franchisee shall be liable to Renton for all costs, fees, and 14 AGENDA ITEM #6, b) ORDINANCE NO. expenses resulting from that necessary action. This provision shall survive the expiration, revocation or termination of this Franchise for a period of five (5) years. 9.6 Limits on Construction: No park, public square, golf course, street Rights -of -Way or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if there is a substantially equivalent alternative. The determination of there being a substantially equivalent alternative shall be at the sole determination of Renton. 9.7 Bond Requirement: Before undertaking any of the Work authorized by this Franchise, as a condition precedent to the Renton's issuance of any permits, Franchisee shall, upon the Renton's request, furnish a bond executed by Franchisee and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by Renton as sufficient to ensure performance of Franchisee's obligations under this Franchise. Franchisee shall post a Performance Bond in the amount of twenty-five thousand dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any defective work or materials discovered in the Franchise Area. The bond shall ensure the faithful performance of Franchisee's obligations under the Franchise, including, but not limited to, Franchisee's payment of any penalties, claims, liens, or fees due Renton that arise by reason of the operation, construction, or maintenance of the Facilities within the Franchise Area. Franchisee shall pay all premiums or other costs associated with maintaining the bond. Additionally, if Renton determines that the Performance Bond is inadequate to ensure Franchisee's performance of a project, Franchisee shall post any additional bonds required to 15 AGENDA ITEM #6, b) ORDINANCE NO. guarantee performance by Franchisee in accordance with the conditions of any permits and/or the requirements of this Franchise. In lieu of a separate bond for routine individual projects involving work in the Franchise Area, Franchisee may satisfy Renton's bond requirements by posting a single on-going performance bond in an amount approved by Renton. 9.8 Workmanship: All Work done by Franchisee or at Franchisee's direction or on its behalf, including all Work performed by contractors or subcontractors, shall be considered Franchisee's Work and shall be undertaken and completed in a workmanlike manner and in accordance with the descriptions, plans and specifications Franchisee provided to Renton. Franchisee's activities (including work done at Franchisee's direction or on its behalf) shall not damage or interfere with other franchises, licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably interfere with public travel, park uses, other municipal uses, adjoining property, and shall not endanger the safety of or injure persons and property. Franchisee's Work shall comply with all applicable Laws. 9.9 Material and Installation Methods: As a condition of receiving the privilege to Work within the Franchise Area, Franchisee shall assume full responsibility for using materials and installation methods that are in full compliance with city standards and shall verify this by the submittal of documentation of materials and testing reports when requested by Renton. All costs for performing on-site testing, such as compaction tests, shall be borne by Franchisee. 9.10 Damage During Work: In case of any damage caused by Franchisee, or by Franchisee's Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions that meet or exceed requirement established by the Department of Transportation, at its own cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify 16 AGENDA ITEM #6, b) ORDINANCE NO. Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair the damage. In the event Franchisee does not make the repair as required in this section, Renton may repair the damage, to its satisfaction, at Franchisee's sole expense. 9.11 Member of Locator Service: Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122 (Underground Utilities) or an approved equivalent, and shall comply with all applicable Laws. 9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee's Facilities within the Franchise Area, restore the surface of the Franchise Area and any other property within the Franchise Area which may have been disturbed or damaged by such Work. All restoration of Rights -of -Way, sidewalks and other improvements or amenities shall conform to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and the City of Renton's Trench Restoration Standards in effect at that time, and must be warranted for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees. Renton shall have final approval of the condition of the Franchise Area after restoration pursuant to applicable Laws, as they exist or may be amended or superseded, provided that such provisions are not in conflict or inconsistent with the express terms and conditions of this Franchise. 9.13 Survey Monuments: All survey monuments which are disturbed or displaced by Franchisee in its performance of any work under this Franchise shall be referenced and restored 17 AGENDA ITEM #6. b) ORDINANCE NO. by Franchisee, in accordance with WAC 332-120 (Survey Monuments — Removal or Destruction), and other applicable Laws. 9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the Franchise Area in accord with this section, Renton shall provide Franchisee with written notice including a description of actions Renton believes necessary to restore the Franchise Area. If Franchisee fails to restore the Franchise Area in accord with Renton's notice within thirty (30) days of that notice, Renton, or its authorized agent, may restore the Franchise Area at Franchisee's sole and complete expense. The privilege granted under this section shall be in addition to others provided by this Franchise. 9.15 Separate Permit Approval Needed For New Telecommunications Lines: The limited privileges granted under this Franchise shall not convey any privilege to Franchisee to install any new telecommunications lines or Facilities without Renton's express prior written consent, including for example, permits as provided for in this Section IX. SECTION X: Coordination and Shared Excavations 10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work that either Party may undertake within the Franchise Area to promote the orderly and expeditious performance and completion of such Work, and to minimize any delay or hindrance to any construction work undertaken by themselves or utilities within the Franchise Area. At a minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any construction work either may undertake within the Franchise Area. Any associated costs 18 AGENDA ITEM #6. b) ORDINANCE NO. caused by any construction delays to Renton or to any contractor working for Renton due to Franchisee's failure to submit and adhere to Franchisee's plans and schedule in relocating or installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at Renton's request, also attend construction meetings pertaining to performance of Work within the Franchise Area and shall designate a contact person to attend such meetings. 10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made within the Franchise Area, the Party causing such excavation to be made shall afford the other, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: (a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both Parties. 10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term, Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise Area utility facilities that are consistent with applicable Laws and prudent utility practices. SECTION XI: Hazardous Materials 11.1 Written Approval Required: In maintaining its Facilities (including, without limitation, vegetation management activities), Franchisee shall not apply any Hazardous Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without prior written approval of Renton. Renton will not unreasonably withhold approval, but such application must be in conformance to the aquifer protection regulations of Renton. If 19 AGENDA ITEM #6, b) ORDINANCE NO. Franchisee shall first obtain Renton's approval to apply a specific product in accordance with a defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be necessary for Franchisee to obtain Renton's approval on each occasion such product is applied in accordance with such procedure. Franchisee shall notify Renton of any accident by Franchisee involving Franchisee's use of Hazardous Substances within the Franchise Area. 11.2 Release of Hazardous Substance: Upon notice or discovery of a significant release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall notify Renton within twenty-four (24) hours of discovery. If the encountered or suspected Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own expense, determine if the material is hazardous, in accordance with applicable Laws. If the material is found to be hazardous, Renton shall, at its own expense, if possible remove, dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous substance(s) to replace the removed substance for Franchisee to use in its operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with the operations at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to the delay in operation. If the encountered or suspected Hazardous Substances within the Franchise Area are the result of Franchisee's acts or omissions, Renton's characterization of the substances involved and any removal, disposal, or other handling costs incurred in connection with the removal, disposal, or handling of the hazardous substances will be at Franchisee's sole expense. Franchisee shall be solely responsible for any expense or cost 20 AGENDA ITEM #6. b) ORDINANCE NO. related to environmental mitigation requirements imposed, by operation of applicable Laws or otherwise. SECTION XII: Emergency Work - Permit Waiver 12.1 Prompt Response Required: In the event of any emergency involving damaged Franchisee Facilities located in or under the Franchise Area, or if Franchisee's Facilities within the Franchise Area immediately endanger the property, life, health or safety of any individual, Franchisee shall, upon receipt of notification from Renton of the existence of such condition, immediately take those actions as are necessary to correct the dangerous condition. 12.2 Permit Deferred: If an emergency occurs that requires Franchisee's immediate action for the protection of Facilities, Renton's property or any individual's property, life, health or safety, Franchisee may act immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee notifies the Renton Fire & Emergency Services Department through the dispatch system of the emergency; and (2) Franchisee informs Renton's permitting authority of the nature, location, and extent of the emergency, and the work to be performed, prior to commencing the work if such notification is practical, or where such prior notification is not practical, Franchisee shall notify Renton's permitting authority on the next business day; and (3) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be construed, as a hindrance to Franchisee's ability to take such actions as it deems necessary to discharge its public service obligations in accordance with the laws of the State of Washington. Nothing in this section is intended, nor shall it be construed, as preventing Renton from 21 AGENDA ITEM #6. b) ORDINANCE NO. recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any extraordinary costs in responding to an emergency situation involving Franchisee's Facilities. SECTION XIII: Records of Installation 13.1 Future Construction Plans: Upon Renton's written request, Franchisee shall provide to Renton copies of any plans prepared by Franchisee for potential improvements, relocations and conversions to its Facilities within the Franchise Area; provided, however, any such plans so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. 13.2 As -Built Drawings: Upon Renton's written request, and at no cost to Renton, Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee showing the location of its Facilities at specific locations within the Franchise Area. As to any such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such Facilities are shown in their approximate location. 13.3 Design Locates: Upon Renton's written request, in connection with the design of any Public Works Project, Franchisee shall verify the location of its underground Facilities within the Franchise Area. 13.4 Disclosure to Third -Parties: Any drawings and/or information concerning the location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or 22 AGENDA ITEM #6, b) ORDINANCE NO. information to any third -party without the prior notice to Franchisee, unless the third -party is an authorized governmental entity of any tier or a public records requestor. Renton will provide Franchisee with notice of any public records request for Franchisee paperwork as soon as reasonably practicable. 13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended (nor shall be construed) to relieve either Party of their respective obligations arising under applicable Laws with respect to determining the location of utility facilities. SECTION XIV: Undergrounding of Facilities Undergrounding Required for New Facilities: Consistent with RMC 4-6-090.0 (Applicability), all new Facilities installed within the Franchise Area during the term of this Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in Renton's reasonable estimation for it to be done; provided that installation of wires, cables, conduits and similar equipment will be permitted and installed pursuant to the provisions of any applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC. In areas where all existing telecommunications and cable facilities are located aboveground, Franchisee may install its Facilities above ground. Any new Facilities to be located aboveground shall be placed on existing utility poles. No new utility poles shall be installed in connection with placement of new aboveground Facilities. SECTION XV: Relocation of Franchisee Facilities 15.1 Relocation Required: Renton shall have prior and superior right to the use of the Franchise Area for the construction, installation, maintenance and repair of its utilities, improvements and infrastructure, and capital improvement projects, and should any conflict 23 AGENDA ITEM #6. b) ORDINANCE NO. arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton's utilities, improvements and infrastructure and capital improvement projects. Whenever Renton undertakes (or causes to be undertaken) any public works improvement within the Franchise Area, and such public works improvement necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, Renton shall: a. Provide Franchisee with reasonable prior notice of Renton's intent to initiate a public works improvement, and if applicable, written notice requesting such relocation; and b. Provide Franchisee with copies of pertinent portions of Renton's plans and specifications for such public works improvement. 15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the preparation of Renton's final plans and specifications for incorporation into Renton's construction plans. Franchisee shall complete the relocation work in a reasonable and agreed upon time period to prevent delay to Renton project. Franchisee shall relocate such Facilities within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses the relocation costs of another telecommunications utility, under materially identical circumstances, it shall pay for or reimburse a proportionate share of Franchisee's relocation costs. The relocation completion date will be included in Renton's written request for said relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused by any construction delays to Renton's project due to Franchisee's failure to comply with 24 AGENDA ITEM #6, b) ORDINANCE NO. Franchisee's reasonable plans and schedule in relocating or installing Franchisee's Facilities. In the event relocation is required by reason of construction by a third party, non-governmental entity, Franchisee's relocation costs shall be borne by the third party. 15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to public safety or welfare requires the relocation of Franchisee's Facilities within the Franchise Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable. Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate the affected Facilities, at Franchisee's sole expense. 15.4 Third -Party Construction: Whenever any person or entity, other than Renton, requires the relocation of Franchisee's Facilities to accommodate the work of such person or entity within the Franchise Area; or, Renton requires any Third -Party to undertake work (other than work undertaken at Renton's cost and expense) within the Franchise Area and such work requires the relocation of Franchisee's Facilities within the Franchise Area, Franchisee may condition such relocation to require such person or entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by Franchisee in the relocation of Franchisee's Facilities 15.5 Third -Party Construction of City Identified Prosect: Any condition or requirement imposed by Renton upon any Third -Party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits obtained pursuant to any zoning, land use, construction or other development regulation) which requires the relocation of Franchisee's Facilities within the Franchise Area, then Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably 25 AGENDA ITEM #6, b) ORDINANCE NO. determines and notifies Franchisee that the primary purpose of imposing such condition or requirement upon such Third -Party is to cause or facilitate the construction of a Public Works Project to be undertaken within a segment of the Franchise Area on Renton's behalf and consistent with Renton's Capital Investment Plan; Transportation Improvement Program; or the Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in reconnecting such relocated Facilities with Franchisee's other Facilities shall be paid to Franchisee by such Third -Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with subsection 15.1. 15.6 Alternatives: As to any relocation of Franchisee's Facilities whereby the cost and expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon Renton's receipt from Franchisee of such written alternatives, Renton shall evaluate such alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable to accommodate the work which would otherwise necessitate relocation of Franchisee's Facilities. In evaluating such alternatives, Renton shall give each alternative proposed by Franchisee fair consideration with due regard to all facts and circumstances which bear upon the practicality of relocation and alternatives to relocation. If Renton determines that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection 15.1. 15.7 Non -Franchise Area: Nothing shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement or other rights not arising under this Franchise. MI AGENDA ITEM #6, b) ORDINANCE NO. 15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs of defending Renton against any and all Third -Party actions, claims, damages, liabilities, or suits for delays on Renton's construction projects arising from or caused by Franchisee's failure to remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for damages due to delays that were out of Franchisee's reasonable or expected control. SECTION XVI: Abandonment and Discontinuance of Franchisee's Facilities 16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Any plan for abandonment or removal of Franchisee's Facilities within the Franchise Area must be first approved by the Administrator, and all necessary permits must be obtained prior to such Work. 16.2 Removal: In the event of Franchisee's abandonment or permanent cessation of use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within one hundred and twenty (120) days after the abandonment or permanent cessation of use, remove the Facilities at Franchisee's sole expense. However, with Renton's express written consent, Franchisee may, at Franchisee's sole cost and expense, secure the Facilities in such a manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and appurtenances, in compliance with all Laws, and abandon them in place, provided that any aboveground Facilities shall be removed at Franchisee's sole expense. 16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre -installation or better condition. Such restoration work shall be done at Franchisee's sole cost and expense 27 AGENDA ITEM #6, b) ORDINANCE NO. and to Renton's reasonable satisfaction. If Franchisee fails to remove or secure the Facilities and/or fails to restore the premises or take such other mutually agreed upon action, Renton may, after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such other action as is reasonably necessary at Franchisee's sole expense and Renton shall not be liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and shall not prevent Renton from seeking a judicial order directing Franchisee to remove its Facilities. 16.4 Administrative or Abandonment Fees: Renton's consent to Franchisee's abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to remove, alter or re -secure such Facilities in the future in the event it is reasonably determined, as adjudged in Renton's sole discretion, that removal, alteration or re -securing the Facilities is necessary or advisable for the health, safety, necessity and/or convenience of the public, in which case Franchisee shall perform such work its sole expense. 16.5 Survival of Provisions: The Parties expressly agree that the provisions of this section shall survive the termination, expiration, or revocation of this Franchise. SECTION XVII: Termination, Violations, and Remedies 17.1 Termination: If the Franchise Term expires and if either Party states that it does not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as of the expiration date. 17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any required license, permit or approval, and fails to cure such breach or failure within sixty (60) AGENDA ITEM #6, b) ORDINANCE NO. days of Renton providing Franchisee with written notice specifying with reasonable particularity the nature of any such alleged breach or failure, or, if not reasonably capable of being cured within sixty (60) days, within such other reasonable period of time as the Parties may agree upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages. 17.3 City Council Termination: This Franchise shall not be terminated except upon a majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall immediately discontinue operation of Facilities through the Franchise Area. In such circumstances, either Party may invoke the dispute resolution provisions in Section XVIII. Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the dispute resolution requirements shall not be applicable. Once Franchisee's privilege has terminated, Franchisee shall comply with Franchise provision regarding removal and/or abandonment of Facilities 17.5 Renton Retains Right for Action: A party's failure to exercise a particular remedy at any time shall not waive that party's right to terminate, assess penalties, or assert any equitable or legal remedy for any future breach or default by the other party. 17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from any liability or obligation with respect to any matter occurring prior to such termination, non AGENDA ITEM #6, b) ORDINANCE NO. and shall not release Franchisee from any obligation to remove and secure its Facilities and to restore the Franchise Area. 17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to comply with such covenants, the Parties would not have entered into this Franchise. The Parties further acknowledge that they may not have an adequate remedy at law if the other Party violates such covenant. Therefore, in addition to any other rights they may have, the Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach, or to specifically enforce any of the Franchise covenants should the other Party fail to perform them. 17.8 Renton's Remedies: In addition to the terms of this Franchise, or rights that Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but not limited to those detailed in Sections XVIII — XX below, alone or in combination, in the event Franchisee violates any material provision of this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically waived in this Agreement or in a document signed by both parties. SECTION XVIII: Dispute Resolution 18.1 Notice of Default: If there is any alleged default as to performance under this Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide a written response to Renton acknowledging receipt of notice and stating Franchisee's 30 AGENDA ITEM #6. b) ORDINANCE NO. response. Franchisee has thirty (30) days ("cure period") from the date of the notice's receipt to: a. Respond to Renton, contesting Renton's assertion(s) as to the dispute or any alleged default and requesting a meeting in accordance with subsection 18.2, or: b. Cure the alleged default, or; c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days, due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly take all reasonable steps to begin to cure the alleged default and notify Renton in writing and in detail as to the actions that Franchisee will take and the projected completion date. In such case, Renton may set a meeting in accordance with subsection 18.2. 18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place not less than ten (10) days after Franchisee's receipt of notice of the meeting. Each Party shall appoint a representative who shall attend the meeting, represent their party's interests, and who shall exercise good faith to reach an agreement on any alleged default and/or any corrective action to be taken. Any dispute (including any dispute concerning the existence of or any corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days following the conclusion of the meeting shall be referred by the Parties' representatives in writing to the Parties' senior management for resolution. If senior management is unable to resolve the dispute within twenty (20) days of referral (or such other 31 AGENDA ITEM #6. b) ORDINANCE NO. period as the Parties may agree upon), each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. 18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree upon the existence of a default or the corrective action to be taken to cure any alleged default, Renton or Franchisee (as Franchisee may have authority to do so) may: a. Take any enforcement or corrective action provided for by Law, including the city code; provided such action does not conflict with this Franchise's provisions, and/or; b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or related to Sections III, Grant of Franchise (or such other sections with respect to the existence of conflicts or inconsistencies with the express terms and conditions of this Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee Facilities (excluding project delay claims exceeding $30,000) of this Franchise (the "Arbitration Claims"), and/or; c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or default of any material, non -Arbitration Claims, obligations under this Franchise and/or; d. Take any action to which it is entitled under this Franchise or any applicable Laws. M AGENDA ITEM #6, b) ORDINANCE NO. 18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee in writing, Renton and Franchisee shall, continue to perform their respective obligations under this Franchise during the pendency of any dispute. SECTION XIX: Arbitration 19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim arising out of or relating to Arbitration Claims, shall be referred for resolution to the American Arbitration Association in accordance with the rules and procedures in force at the time of the submission of a request for arbitration. 19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair, speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the Washington State Rules of Civil Procedure then in effect in setting the scope and timing of discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a default decision against any Party who fails to participate in the arbitration proceedings. 19.3 Compensatory Damages: The arbitrators may award compensatory damages, including consequential damages. Such damages may include, but shall not be limited to: all costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not limited to, labor of any contractors and/or subcontractors); all pre -arbitration costs and expenses of consultants, attorneys, accountants, professional and other services; and all taxes, insurance, interest expenses, overhead and general administrative costs and expenses, and other costs and expenses of any kind incurred in connection with the dispute. The arbitrator 33 AGENDA ITEM #6, b) ORDINANCE NO. may award equitable relief in those circumstances where monetary damages would be inadequate. 19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The award rendered by the arbitrators shall be final, binding and non -appealable, and judgment upon such award may be entered by any court of competent jurisdiction. 19.5 Each Party's Costs: Except as provided in subsection 19.7 below, each Party shall pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in connection with the presentation of such Party's case including, without limitation, the cost of any records, transcripts or other things used by the Parties for the arbitration, copies of any documents used in evidence, certified copies of any court, property or city documents or records that are placed into evidence by a Party. 19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator's decision and administrative fees shall be borne equally by the Parties. 19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5 and 19.6, in the event either Party is found during the term of this Franchise to be the prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this Section XIX, then such party shall be entitled to recover all reasonably incurred Costs, including attorneys' fees, for any subsequent arbitration brought by them in which they are found to be the prevailing party. 34 AGENDA ITEM #6. b) ORDINANCE NO. 19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding transcript for its use in writing a post -hearing brief, or an arbitration decision copy to append to a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to the extent such cost might be allowed by a court as court costs. SECTION XX: Alternative Remedies No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation, requirement or directive promulgated for non -Arbitration Claims. Neither the existence of other Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain judicial enforcement of the other Party's obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. SECTION XXI: Amendments to Franchise This Franchise may only be amended by written instrument, signed by the Parties, specifically stating that it is an amendment to this Franchise and is approved and executed in accordance with State of Washington laws. Without limitation, and unless required by any Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from Renton in conjunction with Franchisee's exercise or failure to exercise any and all benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: a. References this Franchise; and 35 AGENDA ITEM #6, b) ORDINANCE NO. b. States that it supersedes this Franchise to the extent it contains terms and conditions which alter, limit, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, except as expressly required by Laws and/or superseded by such permit, approval, license, agreement or other document, the Franchise provisions shall control. SECTION XXII: Indemnification 22.1 Renton: In Sections XXII and XXIII, "Renton" means the City of Renton, and its elected officials, agents, employees, officers, representatives, consultants (of any level), and volunteers. 22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold harmless Renton, from and against any and every Third -Party action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property, including reasonable attorneys' and experts' fees and/or costs incurred by Renton in its defense, arising out of or related to, directly, to Franchisee's Work or abandonment of Facilities, or from the existence of Franchisee's Facilities, and the products contained in, transferred through, any signals or emissions from the Facilities, released or escaped from the Facilities, including the reasonable costs of assessing such damages and any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to persons or property which is caused 36 AGENDA ITEM #6, b) ORDINANCE NO. by, in whole or in part, and only to the extent of, the willfully tortious or negligent acts or omissions of Franchisee or its agents, contractors (of any tier), employees, representatives or trainees related to Franchisee's granted Franchise privileges. If any action or proceeding is brought against Renton by reason of Franchisee's Facilities, Franchisee shall defend Renton at Franchisee's sole expense, provided that, for uninsured actions or proceedings, defense attorneys shall be approved by Renton, which approval shall not be unreasonably withheld. The terms of this section shall not require Franchisee to indemnify Renton against and hold harmless Renton from claims, demands or suits based upon Renton's negligent or willful conduct, and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Franchisee's agents, officers, or employees and (b) Renton, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of Franchisee's negligence or the negligence of Franchisee's agents or employees except as limited in this Franchise. 22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save Renton harmless from and against any and every Third -Party action, claim, cost, damage, death, expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including, but not limited to, costs and reasonable attorneys' and experts' fees incurred by Renton, arising directly from: (a) Franchisee's breach of any environmental Laws or Laws applicable to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c) any other activity which gives rise to environmental claims related to this Franchise by Franchisee. This indemnity includes, but is not limited to, (a) liability for a governmental agency's costs of removal or remedial action for Hazardous Substances; (b) 37 AGENDA ITEM #6. b) ORDINANCE NO. damages to natural resources caused by Hazardous Substances, including the reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to Hazardous Substances; (d) liability for any investigation, abatement, correction, cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory or Laws. 22.4 Title 51 Waiver: Franchisee's indemnification obligations pursuant to this Section shall include assuming potential liability for actions brought by Franchisee's own employees and the employees of Franchisee's agents, representatives, contractors (of any tier) even though Franchisee might be immune under RCW Title 51 from direct suit brought by such employees. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned persons is limited solely to claims against Renton arising by virtue of Franchisee's exercise of the privileges set forth in this agreement. The obligations of Franchisee under this Section have been mutually negotiated by the Parties, and Franchisee acknowledges that Renton would not enter into this agreement without Franchisee's waiver of immunity. To the extent required to provide this indemnification and this indemnification only, Franchisee waives its immunity under Title 51 RCW as provided in RCW 4.24.115 (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc.,...). 22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc.,...), as it exists or may be amended, then, in the event of liability for damages arising out of bodily injury to persons or E1: AGENDA ITEM #6. b) ORDINANCE NO. damages to property caused by or resulting from the concurrent negligence of Franchisee, its officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected officials, officers, officials, employees, and volunteers, and or the contractor, the party's liability shall be only to the extent of the party's negligence. 22.6 Notice: In the event any matter for which Renton intends to assert its rights under this section is presented to or filed with Renton, Renton shall promptly attempt to notify Franchisee in accordance with Section XV of this Franchise, and Franchisee shall have the privilege, at its election and at its sole costs and expense, to settle and compromise such matter as it pertains to Franchisee's responsibility to indemnify, defend and hold harmless Renton. In the event any suit or action is started against Renton based upon any such matter, Renton shall likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its election and at its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to Franchisee's responsibility to indemnify, defend and hold harmless Renton. Franchisee's indemnification obligations do not apply to the extent that Renton fails to provide attempt to notice in accordance with Section XV of this Franchise, and such failure materially prejudices Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind. 22.7 Recovery of City Costs: In the event that Renton is required to defend a "suit or action" as referenced in subsection 22.2 and Renton is determined to be without fault for the claim or demand giving rise to such "suit or action," Franchisee shall reimburse Renton for a percentage of Renton's total defense costs. The percentage of Renton's total defense costs to 39 AGENDA ITEM #6. b) ORDINANCE NO. be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such "suit or action." 22.8 Survival: The provisions of this section shall survive the expiration or termination of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection 25.2 occurred during the Franchise term. 22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII, INDEMNIFICATION. SECTION XXIII: Insurance 23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the Franchise, insurance, or provide evidence of self-insurance, against all claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance certificate, and/or a certificate of self-insurance, together with an endorsement on the general and automotive liability policies, naming Renton as an additional insured upon Franchisee's acceptance of this Franchise, and such insurance certificate shall evidence the following minimum coverages: a. Commercial general liability insurance, including but not limited to, blanket contractual, property damage, operations, explosions and collapse hazard, underground hazard (XCD) and products completed hazard, with limits not less than one million dollars ($1,000,000) for each occurrence and with limits not less than two million dollars ($2,000,000) in the aggregate for bodily injury or death to each person, property 40 AGENDA ITEM #6. b) ORDINANCE NO. damage, or any other type of loss. Required limits may be achieved through a combination of primary and umbrella/excess liability policies. b. Automobile liability for owned, non -owned and hired vehicles with a minimum combined single limit of one million dollars ($1,000,000). Required limits may be achieved through a combination of primary and umbrella/excess liability policies c. Workers' Compensation within statutory limits consistent with the Industrial Insurance laws of the State of Washington; and d. Pollution legal liability shall be in effect throughout the entire Franchise term, with a limit not less than one million dollars ($1,000,000) for each occurrence, and not less than two million dollars ($2,000,000) in the aggregate, and not less than fifty thousand dollars ($50,000) for environmental crisis management, to the extent such coverage is reasonably available in the marketplace for any pollution condition or occurrence after the effective date of this Franchise. 23.2 Claims Made Basis: If coverage is purchased on a "claims made" basis, then Franchisee warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of termination of this Franchise and/or conversion from a "claims made" form to an "occurrence" coverage form. 23.3 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The insurance certificate required by this section shall contain a clause stating that commercial general liability coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer's liability. 41 AGENDA ITEM #6, b) ORDINANCE NO. 23.4 Named Insured: Renton, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects to work performed by or on behalf of Franchisee and the endorsement naming Renton as additional insured shall be indicated on the certificate of insurance or certification of self-insurance. 23.5 Primary Insurance: Franchisee's insurance shall be primary insurance with respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee's insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice of suspension, cancellation, or material change in coverage, ten (10) days for cancellation due to nonpayment of premium. 23.6 Cancellation: In addition to the coverage requirements set forth in this section, the certificate of insurance shall provide that: "The above described policies will not be canceled before the expiration date, without the issuing company giving thirty (30) days prior written notice to the certificate holder." In the event of cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence of replacement insurance policies meeting the requirements of this section before the cancellation date. 23.7 Certificates and Endorsements: Franchisee shall furnish Renton with certificates of insurance evidencing the coverage or self-insurance required by this section upon acceptance of this Franchise. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by Renton prior to the commencement of any Work. 42 AGENDA ITEM #6. b) ORDINANCE NO. 23.8 Separate Coverage: Franchisee's insurance shall contain a clause stating commercial general liability coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 23.9 Self -Insurance: In addition to the foregoing insurance/self-insurance requirements, Franchisee may also insure or self -insure against additional risks in such amounts as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton with sufficient evidence that such self-insurance is being so maintained. 23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII shall survive the termination of this Franchise and shall continue for as long as Franchisee's Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that modifies or terminates these indemnity or insurance provisions. SECTION XXIV: Discrimination Prohibited In connection with this Franchise, including and not limited to all Work, hiring and employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment or in the administration of the delivery of services or any other benefits under this agreement. Franchisee shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this language must be made a part of any contractor or subcontractor agreement. 43 ORDINANCE NO. SECTION XXV: Notice AGENDA ITEM #6, b) 25.1 Whenever notice to or notification by any Party is required, that notice shall be in writing and directed to the recipient at the address set forth below, unless written notice of change of address is provided to the other Party. Any notice or information required or permitted to be given to the Parties under this Franchise may be sent to following Addresses unless otherwise specified: City Address: City of Renton Administrator, Public Works Department 1055 South Grady Way Renton, WA 98055 Phone: (425) 430-7311 Company Address: Level 3 Communications, LLC 1025 Eldorado Blvd Broomfield, CO 80021 Attn: NIS Department With a copy to Attn: Legal Department 25.2 If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. 25.3 The Parties may change the address and representative by providing written notice of such change by accepted e-mail or certified -mail. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. SECTION XXVI: Miscellaneous 44 AGENDA ITEM #6, b) ORDINANCE NO. 26.1 As Is: Franchisee agrees and accepts the Franchise Area in an "as is" condition. Franchisee agrees that Renton has never made any representations, implied or express warranties, or guarantees as to the suitability, security or safety of the location of Franchisee's Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users of the Franchise Area, Rights -of Way, Public Property, and Public Ways including any use by Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall remain solely and separately liable for the Work, function, testing, maintenance, replacement and/or repair of the Facilities or other activities permitted by this Franchise. 26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the Parties' respective successors and assignees. 26.3 Attorneys' Fees: If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. 26.4 Conflicts: If there is a conflict between this and any previous Franchise between the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise. 26.5 Contractors (of any tier): Franchisee's contractors may act on Franchisee's behalf to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for ensuring that Franchisee's contractors have every obligation, duty and responsibility that Franchisee has in discharging its duties related to this Franchise agreement. 26.6 Eminent Domain: This Franchise shall not preclude a governmental body from acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of 45 AGENDA ITEM #6, b) ORDINANCE NO. the Facilities by lawful condemnation. In determining the Facilities' value, no value shall be attributed to the right to occupy the Franchise Area. 26.7 Force Maieure: In the event that Franchisee is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of Franchisee, then Franchisee's performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee's reasonable control include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of labor or materials, government regulations or restrictions and extreme weather conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure event. 26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days before the hearing), and upon such revocation, all privileges conferred under this Franchise shall be forfeited. 46 AGENDA ITEM #6. b) ORDINANCE NO. 26.9 Franchisee's Acceptance: Renton may void this Franchise ordinance if Franchisee fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final passage of same by the Renton City Council. Franchisee shall file this acceptance with the City Clerk of the City of Renton. 26.10 Governing Law: This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce or interpret this Franchise or any of its terms or shall be in the United States District Court for the Western District of Washington, in Seattle, Washington, or in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent, Washington. 26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of its elected officials, agents, employees or representatives, and no liability arises from any action or inaction by Renton or any of its elected officials, agents, employees or representatives in the exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee's Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability of Renton with respect to any function in the exercise of its police power or for any other purpose. Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty to the general public and not to any specific party, group or entity. 26.13 Notice of Tariff Changes: Franchisee shall, when making application for any changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the application and provide Renton with a copy of the submitted application within five (5) calendar 47 AGENDA ITEM #6. b) ORDINANCE NO. days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual approved Tariffs) affecting the provision of this Franchise. 26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisees obligations under any other agreement or its obligations as it relates to any other property or endeavor. 26.15 Renton's Police Powers: Nothing in this Franchise shall diminish, or eliminate, or be deemed to diminish or eliminate that governmental or police powers of Renton, including the right to create new Laws or modify existing Laws. 26.16 Public Document/Public Disclosure: This Franchise will be considered a public document and will be available for reasonable inspection and copying by the public during regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act). 26.17 Section Headings: The Section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the section to which they pertain. 26.18 Severability: In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate so as to give effect to the intentions of the Parties. If severance from this Franchise of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute 48 AGENDA ITEM #6. b) ORDINANCE NO. the Franchise so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. 26.19 Survival: With respect only to matters arising during the period of time this Franchise shall be in full force and effect, the Parties intend that any term or condition applicable to such matters shall survive the expiration or termination of this Franchise to the extent such survival can be reasonably inferred under the circumstances presented and to the extent such an inference is necessary to prevent substantial injustice to an injured party. 26.20 Third -Parties: The Parties do not create any obligation or liability, or promise any performance to, any Third -Party, nor have the Parties created any Third -Party right to enforce this Franchise beyond what is provided for by Laws. "Third -Parties" are any party other than Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of any Third -Party to either Party. 26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. SECTION XXVII: Effective Date This ordinance shall be in full force and effect from and after its passage, approval, and five (5) calendar days after its legal publication as provided by law, and provided it has been duly accepted by Franchisee. 49 AGENDA ITEM #6. b) ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2016. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2016. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1913:2/24/16:scr 50 Denis Law, Mayor AGENDA ITEM #6, b) ORDINANCE NO. UNCONDITIONAL ACCEPTANCE The undersigned, Franchisee, accepts all the privileges of the above -granted franchise, subject to all the terms, conditions, and obligations of this Franchise. DATED: .2016. 51 LEVEL 3 COMMUNICATIONS, LLC Name of Authorized Agent for Franchisee Title of Authorized Agent for Franchisee ORDINANCE NO. Attachment 1 u KENT Ca mueft & konemk Dmbpmew u rover vww" AIY- AswrMd ArnWYslsr MANN" AGENDA ITEM #6, b) BELLEVUE City of Renton NEWCASTLE KING COUNTY �orroro �-� Clly LlnK �...,J WXerhoOlc C4 Lints 52 wins• MERCER NISLAND 5 A®es 0 0.5 1 SEATTLE J u KENT Ca mueft & konemk Dmbpmew u rover vww" AIY- AswrMd ArnWYslsr MANN" AGENDA ITEM #6, b) BELLEVUE City of Renton NEWCASTLE KING COUNTY �orroro �-� Clly LlnK �...,J WXerhoOlc C4 Lints 52 wins• AGENDA ITEM #6. 1616 WM000000"Renton 0 City Council Regular Meeting - 07 Mar 2016 SUBJECT/TITLE: Proposed Annexation - Bradley 10% Notice of Intention to Commence Annexation Proceedings RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development STAFF CONTACT: Angie Mathias, Long Range Planning Manager EXT.: 6576 FISCAL IMPACT: Expenditure Required: $ N/A Amount Budgeted: $ N/A Transfer Amendment: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF • The petitioner submitted this petition to the City Clerk on January 25, 2016. The proposed 17.7 -acre abuts the City at the eastern portion of the current City limits. State law requires a public meeting with the proponents within 60 -days of their submittal to consider their request. A. Issue Paper B. Fiscal Impact Analysis C. Map D. 10% Petition Set March 21, 2016 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Bradley Annexation. AGENDA ITEM #6, c) DEPARTMENT OF COMMUNITY p Ityof AND ECONOMIC DEVELOPMENT all M E M O R A N D U M DATE: February 29, 2016 TO: Randy Corman, Council President City Councilmembers VIA: Denis Law, Mayor FROM: Chip Vincent, Administrator Department of Community & Economic Development STAFF CONTACT: Angie Mathias, x6576 SUBJECT: Proposed Bradley Annexation —10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex an 17.7 -acre area using the direct petition method; the proposed annexation is called Bradley. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition. The purpose of the meeting is for Council to decide whether to accept or reject the proposal and whether to require the simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): • Accept the 10% Notice of Intent to Commence Annexation petition; and • Authorize the circulation of a 60% Direct Petition of Annex for the 17.7 -acre area; and • Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City's Comprehensive Plan land use designation. BACKGROUND: 1. Location: The proposed 17.7 -acre Bradley Annexation is bordered by the existing City limits at its north. The area is located in the East Renton Plateau Community Planning area. It is bordered to the south parcel lines located near Southeast 146th Place (if extended), by parcel lines near 1571h Place Southeast to the east, AGENDA ITEM #6. c) Proposed Bradley Annexation 10% Notice of Intent Page 2 of 5 parcel lines in proximity to Southeast 142rd Place to the north, and by 154th Place Southeast to the west. 2. Assessed value: The 2015 assessed valuation of the subject annexation site is $9,322,600. 3. Natural features: The area that is a mixture of built single family residential and vacant land. The area has some protected slopes (greater than 40%) that run along the areas western boundary at 154 Place Southeast. Several parcels are encumbered with these slopes. Other portions of the area are generally topographically level. There are no streams or wetlands that are currently mapped in the area. 4. Existing land uses: There are 33 single-family residences and vacant land. 5. Existing zoning: Existing King County zoning is R-4. This area was prezoned by the City of Renton as part of the East Renton Plateau pre -zoning. City of Renton Ordinance #5254 prezoned the area with R-4 zoning; this zoning will become effective upon annexation. 6. Comprehensive Plan: Renton's Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). 7. School District: The Bradley Annexation area is in the Renton School District. 8. Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems and presents no foreseeable problems. Specific comments follow: Water Utility. The subject site is located within Water District No. 90's water service area by agreement under the coordinated water system plan. A certificate of water availability from District 90 will be required prior to the issuance of development permits within the subject area, following annexation to the City. It is expected that developer extensions of District No. 90's water mains will be required to provide service for fire protection and domestic use within the annexation area. The proposed area will not generate need for additional City employees because it is within Water District No. 90. Wastewater Utility. The area is within the Wastewater Divisions service area and has interceptors installed in 156th Avenue Southeast and Southeast 144th Street. Staff noted that the infrastructure is already in place to provide service to the area. Parks. The Community Services department indicated that the annexation represents a logical extension of the services provided by their department. Staff noted that the area is currently underserved with Renton parks and AGENDA ITEM #6. c) Proposed Bradley Annexation 10% Notice of Intent Page 3 of 5 trails. It was also noted that area residents would expect to be served by adjacent King County parkland that is not fully developed nor planned for development. The City would need to enter into a Cooperative Agreement with King County in order to develop the park. Police. The Police Department did not indicate any concerns regarding this proposed annexation. It is estimated that the area will generate an additional 31 calls for service annually. Fire. Renton Fire and Emergency Services currently provide fire and emergency services to the area under a contract with District #25. The tax revenue District #25 collects for the properties would no longer be paid to the City by the District. The Fire Department suggested that the boundary be expanded to include the four parcels that are immediately south of Southeast 142nd Place. Staff did not indicate any concerns regarding this proposed annexation. Surface Water. The area is located in the Cedar River drainage basin which has been noted to have erosion, water quality, slope stabilization, and habitat problems due to urbanization. Any future development will be required to comply with the City's Surface Water Design Manual and the Flow Control Duration Matching Forested Site Conditions will be be applied. Staff noted that stormwater infrastructure is in place in Southeast 144th Street and 156th Avenue Southeast, however other streets drain via sheet flow or shallow ditch, with much of the ditch line piped or filled. Some of these may need cleaning. Staff would like King County to perform maintenance to infrastructure. The annexation represents a logical extension of their services. Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. Staff indicated that additional Transportation Systems staff would not be required and that the annexation represents a logical extension of services. Staff indicated that if 156th Avenue Southeast were to be improved in the future to meet current City standards, dedication of right-of-way may be required. Southeast 143rd, Southeast 144th Place, and 1561h Southeast south of Southeast 144th have adequate existing right-of-way widths to construct street sections to meet current City standards. Staff does not believe that the roadway widths and thicknesses meet current Renton standards and there are no curbs, gutters, or sidewalks in the area. There are two light poles and, in conjunction with King County, the City has plans to install a traffic signal at the intersection of 156th Avenue Southeast and Southeast 142nd Place. Energy costs associated with existing and new street lighting, existing and new traffic control signage, and AGENDA ITEM #6, c) Proposed Bradley Annexation 10% Notice of Intent Page 4 of S pavement markings may be incurred by the City. Staff indicated that the City would assume ownership and responsibility of all existing streets in the area. Building. The Building section did not indicate any concerns regarding the proposed annexation. Planning. The Planning section did not indicate any concerns regarding the proposed annexation. ANALYSIS OF THE PROPOSED ANNEXATION: Consistency with the Comprehensive Plan: Renton's Comprehensive Plan annexation policies support this proposed annexation. The subject site is within the City's Potential Annexation Area and is subject to development pressure that might benefit from City development regulations. Policy L-8 states that the City should "support annexation where infrastructure and services allow for urban densities and it would consolidate service providers and/or facilitate the efficient delivery of services." 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities, The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours, The subject site is bounded on its northern portion by existing City limits and uses streets or parcel lines for the other boundaries. Creation and preservation of logical service areas, Water and sewer service boundaries will not change as a result of this annexation. The Bradley Annexation Area is in the Renton School District. The school district boundaries will not change, the area will remain in the Renton School District. Renton will take over police service for the 17.7 - acres upon annexation; the King County Sheriff's Department currently provides police protection to the area. Renton Fire and Emergency Services currently provide service under contract to Fire District #25 which serves the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d. Prevention of abnormally irregular boundaries, This annexation does not have irregular boundaries. AGENDA ITEM #6. c) Proposed Bradley Annexation 10% Notice of Intent Page 5 of 5 e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f. Dissolution of inactive special purpose districts, Not applicable. There are no inactive special purpose districts here. g. Adjustment of impractical boundaries; Not applicable. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character, King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton's PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. 3. A fiscal analysis for the proposed annexation is attached. The fiscal impact analysis that is used for annexations considers costs on a per capita basis. The fiscal analysis indicates that the proposed annexation would have an initial net negative fiscal impact of $542 to the operating budget per year. Over a 10 -year period and with additional construction of single family homes on the existing vacant lots, it is estimated that the fiscal impact would be negative $26 per year for the operating budget. For the capital and enterprise funds the annexation represents a balance of positive $8,033 currently and in ten years will be $12,556. CONCLUSION: The proposed Bradley Annexation is consistent with relevant County and City annexation policies, as well as Boundary Review Board objectives for annexation. The staff that reviewed the proposed annexation for each department did not identify any major impediments to the provision of City services to the area or indicate that they feel the annexation is untimely. ANNEXATION FISCAL ANALYSIS Housing Units Population Current 33 92 Year 10 51 143 Assumption: 2.8 Persons per single family household tuna rcevenues Assumption: $3,973,000.00 Base year taxable value of area State Shared Revenues Existing Year 10 2011 Rate Regular levy 1 $11,251.81 $19,018.28 2.83207 Assumption: $3,973,000.00 Base year taxable value of area State Shared Revenues Miscellaneous Revenues Per Capita Existing Year 30 Liquor tax $4.61 $425.96 $658.31 Liquor Board profits $7.44 $687.46 $1,062.43 Fuel Tax $12.73 $1,176.25 $1,817.84 Art St Fuel Tax $6.79 $627.40 $969.61 Criminal justice $2.19 $202.36 $312.73 Franchise Fees Total 1 $33.76 $3,119.42 $4,820.93 Miscellaneous Revenues Assumptions: 20% Portion of per capita revenue anticipated from permits and plan review 5.0% Annual population/housing unit growth rate based on capacity for new housing in area 2.5% Annual inflation Existing Year 10 Page 1 of 3a Per Capita Existing Year 10 Sales Tax, CJ $19.84 $1,833.22 $3,538.22 Utility tax $76.39 $7,058.80 $13,623.92 Fines & forfeits $13.96 $1,289.90 $1,993.49 Permit $15.35 $283.73 $438.49 Plan Review $9.24 $170.80 $263.97 Franchise Fees $13.86 $1,280.66 $2,471.76 Business Licences n/a n/a n/a Total $148.65 $11,917.12 $22,329.85 Assumptions: 20% Portion of per capita revenue anticipated from permits and plan review 5.0% Annual population/housing unit growth rate based on capacity for new housing in area 2.5% Annual inflation Existing Year 10 Page 1 of 3a Operating Fund Costs ANNEXATION FISCAL ANALYSIS Per Capita Driver Per Capita Existing Year 10 Executive Communications (Print Shop) Population $1.57 $145.07 $300.28 Hearing Examiner New Development $1.67 $153.90 $318.56 City Attorney Population $17.77 $1,641.95 $3,398.74 Court Services Population $15.34 $1,417.42 $2,933.98 Community and Econ Dev Econ Dev Commercial SgFt No commercial Sq Ft in area Planning Population $8.03 $148.39 $307.17 Dev. Services Population $23.21 $428.92 $887.84 Community Services Human Services Population $5.69 $525.76 $1,088.29 Special Events/Neigh. Population $2.41 $222.68 $460.94 Parks Planning, Nat Res. Population $1.92 $177.41 1 $367.23 Total Per Acre/Mile/Call for Service $77.61 $4,861.49 1 $10,063.03 Driver Per Acre/ Mile/Call Existing Year 10 Community Services Parks Park Acreage $2,497.03 $0.00 $0.00 PBPW Street Maint Feet of Roadway $2.23 $4,237.00 $5,674.94 Transportation Systems Feet of Roadway $0.30 $562.09 $1,068.64 Police Patrol, Ops., Investig., and Jail Calls for Service $268.10 $6,387.82 $13,222.44 Valley Comm Calls for Service $26.50 $822.03 $1,701.56 Fire Emergency Responsel Change in Contract $7,879.52 $10,157.63 Tota! n/a $19,888.46 $31,825.21 Per FTE Driver Existing Year 10 Community Services Facilities FTE's $1,070.18 $2,215.21 Finance & IS IS FTE's $589.70 $1,220.65 HR Admin FTE's $141.20 $292.28 Risk Reduction FTE's $279.79 $579.15 Total $2,080.87 $4,307.30 Assumptions: Fire service provided under contract with FD#25 3.3% Annual increase in costs 0 Acres of parks in area 20% Portion of per capita costs anticipated from permits and plan review 1,900 Existing linear feet of roadway 1,900 Year 10 linear feet of roadway Total Costs Existing $26,830.82 Year 10 $46,195.53 Net Operating Fiscal Impact Existing -$542.46 Year 10 -$26.48 Page 2 of 30 ANNEXATION FISCAL ANALYSIS Capital and Enterprise Funds Real Estate Excise Tax Per Capita Existing Year 10 Revenue $24.64 $455.35 $878.85 Public Works - Surface Water Public Works - Water Per Housing Unit I Existing I Year 10 -rater Maint. and Utility Served by Water District #90 Assumptions: 20% Per Housing Unit Existing Year 30 Rate Revenue $124.44 $4,106.52 $5,128.48 Maintenance and Utility Costs -$25.30 -$835.06 -$1,042.88 Balance Public Works - Waste Water $99.14 $3,271.46 $4,085.60 Per Housing Unit Existing Year 10 Rate Revenue $286.56 $9,456.48 $18,251.58 Wastewater Maint. and Utility Costs -$156.06 -$5,150.02 -$10,660.28 Balance $130.50 n/a $7,591.31 Public Works - Water Per Housing Unit I Existing I Year 10 -rater Maint. and Utility Served by Water District #90 Assumptions: 20% Portion of Real Estate Excise Tax revenue anticipated from permits and plan review 3.3% Annual increase in costs 33 Existing Housing Units 51 Year 10 Housing Units 5.0% Annual population/housing unit growth rate based on capacity for new housing in area 2.5% Annual inflation Total Revenues Existing $14,018.35 Year 10 $24,258.91 Total Costs Existing -$5,985.08 Year 10 -$11,703.15 Capital & Enterprise Balance Existing $8,033.26 Year 10 $12,555.76 Page 3 12.2 � 142nd St to iSE 143rd St :':':':':'i MEN RINNERS 10!08i'i iii 1i-i�►.-�yi'-Pamam; w, . i • a. � i � � A..�._._._._�.�.�.iii�i�i�i�i�i�i�� _f-.-.-.�.-.". � � � ♦ diA 0 250 500 Feet 1.3,000 Bradley Annexation G E. "Chip' Vincent Adriana Abramovkh Vicinity M a p Administrator �GISN CITY OOF Proposed Annexation Boundary F enton Q t�:7City Limits Community&Economic = Parcels Development Date: 12/16/2015 .:......,;..�_.!.14 ►.fir.!►�.!.ti►...•r..•.•;•.•.,.. 1'.•.'.'••.�•.'.'.•1 •I.tI• yl�....�11....'. ro 0. O W U_ z r m W c a� E O 0 250 500 Feet 1.3,000 Bradley Annexation G E. "Chip' Vincent Adriana Abramovkh Vicinity M a p Administrator �GISN CITY OOF Proposed Annexation Boundary F enton Q t�:7City Limits Community&Economic = Parcels Development Date: 12/16/2015 ro 0. O W U_ z r m W c a� E O 0 250 500 Feet 1.3,000 Bradley Annexation G E. "Chip' Vincent Adriana Abramovkh Vicinity M a p Administrator �GISN CITY OOF Proposed Annexation Boundary F enton Q t�:7City Limits Community&Economic = Parcels Development Date: 12/16/2015 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) (20% PETITION — BRADLEY ANNEXATION 1 TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98057 AGENNYP LM46. c) JAN 2 5 2016 RECEIVED CITY CLERK'S OFFICE SUBMITTED BY: 4m ODd uG .jT.elJFi✓� ADDRESS: PHONE: -t 4--m -Q f The undersigned are property owners in the proposed annexation area who represent not less than ten percent (10%) of the area's estimated assessed value who desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Bradley Annexation Pet tion c) Bradley Annexation AGENDA ITEM #6. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record In the title to the real estate.) Date Signed Signature and Printed Name of Owner of Record of Property Mailing Address of Owner of Property Tax Lot Legal No. Description (Lot, Block, vat, Assessor's No. Property's Assessed Value in Annexation or other) Area 271, o6 z. Z D LW li - - - ILI 3 0-2 /56 r 39 75 1 - 393 060 3. %f � -- - - --Pt tot 'L '��'� -_5 j y2���v Oc�C �� Ito,, � � yes f 4. -3R>,----- l�ls '- t fS��Rci�s� iy63,V 5.-- t r - - --�15_ �a'� ISS , Sc /y,6vgD •— 713"' R� i � S'c A;- TR 4 F 2-15 ,�- Rcn✓j 0,V fgcc? oa I Ito A4133- fe Z - C, lei s. fie itiya - 9. /Y2 &Q -z- %Z aft: Z_ 2�-.Z,, 0 5 r, �762L/ 7 Qko 10 �� �174A -1✓���las_ �'�ts--------- �5��o s c ����s - � y z 3 a,�-- �2 i boo+ Bradley Annexation AGENDA ITEM #6. c) WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in Identical form as the name that appears on record in the title to the real estate.) Date Sighed Signature and fMi ted'Name of Owner of Record of.Property Mailing Address of Owner of Property Tax Lot l 0 No. Description Rot, Bkkk, Plat,Aaw=orz No. a) Property's Assessed Yslue in Annexation Area 156 L �C/`/3��Sf; /39 2. --------------------------- 3. ---------------------------- 7. ----------------------------- 10 --------------------------- 250 500 Feet 1:3,000 C. E 'Chip' Vincent Adrian Abmmovich Administrator GIS Analyst CITY OF n -----'` entoQ Community & Economic Development Date: 12/162015 Bradley Annexation Vicinity Map Proposed Annexation Boundary L"?City Limits 0 Parcels C) AGENDA ITEM #6. c) BRADLEY ANNEXATION Legal Description Beginning at a point on the limits of the City of Renton as annexed under City of Renton Ordinance No. 5398, said point being at the Intersection of the northwesterly right of way margin of SE 142"d PI and the westerly right of way margin of 156h Ave SE, in the Southwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; Thence southerly along said westerly margin and said limits, crossing said SE 142"d PI, to the intersection with the westerly extension of the North line of Lot 10 of Carolwood as recorded in Volume 111 of Plats, pages 99 & 100, records of King County; Thence easterly along said extension and North line and said limit line, crossing 156th Ave SE, to the Northeast corner of said Lot 10, in the Southeast quarter of said Section 14; Thence southerly, leaving said limit line, along the East line of said Lot 10 to the Southeast corner thereof, said corner also being on the northerly right of way margin of SE 143d St; Thence easterly along said margin to the intersection with the northerly extension of East line of Lot 1 of Carolwood No.2, as recorded in Volume 114 of Plats, page 74, records of said County; Thence southerly along said northerly extension and said East line to the Southeast corner of said Lot 1; Thence easterly along the south line of said plat to the East line of the westerly 680 feet of said Southeast quarter; Thence southerly along said East line to the intersection with the northerly right of way margin of SE 144`h St; Thence westerly along said northerly margin to the intersection with the northerly extension of the East line of the West half of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 23, Township 23 North, Range 5 East, W.M.; Thence southerly along said extension and said East line, crossing said SE 144`h St, to an intersection with the northwest corner of Lot 9 of Briarwood West, as recorded in Volume 93 of Plats, Pages 91 & 92, records of said County, said intersection also being a point on the "NEW LOT LINE" courses of King County Lot Line Adjustment No. 890718, recorded under Rec. No. 9010241356, records of said County; Thence easterly, southerly and westerly along said various "NEW LOT LINE" courses, terminating at the easterly margin of said 156`h Ave SE; Thence northerly along said easterly margin to the south line of said West half; Page 1 of 2 (0354) AGENDA ITEM #6. c) Thence westerly along said south line, crossing said 156th Ave SE, to the southwest corner of said West half, said Southwest corner also being the Southeast corner of the North half of the Northeast quarter of the Northwest quarter of said Section 23; Thence westerly along said south line to the intersection with the northeasterly right of way margin of 154"' PI SE; Thence generally northwesterly along the various courses of said northeasterly margin, to the intersection with the north line of said Northwest quarter; Thence continuing northwesterly along the northwesterly extension of 1561" Ave SE, crossing SE 1441h St, to an intersection with the northerly margin of SE 144th St in said Southwest quarter of Section 14; Thence easterly along said northerly margin, crossing the unimproved right of way for 154th Ave SE, to the southwest corner of Lot 1 of King County Short Plat #379074 under recording number 7910040704, records of said County; Thence northerly along the west line of said Lot 1 to the northwest corner of said Lot 1; Thence easterly along the north line of said Lot 1 to the West line of the east 150 feet of lot 7 of Cedar River Five Acre Tracts as recorded in Volume 16 of Plats, page 52, records of said County; Thence northerly along said West line to the intersection with the southeasterly margin of SE 142nd PI; Thence northwesterly, crossing SE 142nd PI, at a perpendicular to the centerline of said SE 142"d PI, to the intersection with the northwesterly margin of said SE 142nd Pl; Thence northeasterly and northerly along said northwesterly margin to the point of beginning. Page 2 of 2 (0354) AGENDA ITEM #6. d) AB - 1338 CITY OF Renton SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Expenditure Required Amount Budgeted: Total Project Budget: $ N/A $ N/A $ N/A REACH Fee Waiver Request/2016 CROP Out Hunger Walk Fundraiser Refer to Finance Committee Community Services Casey Stanley, Neighborhoods, Resources, Events Manager 6624 Transfer Amendment Revenue Generated City Share Total Project $ N/A $ N/A $ N/A REACH (Renton Ecumenical Association of Churches) is requesting a waiver of shelter fees in the amount of $280.00 for the Liberty Park and Riverview Park picnic shelters for their annual "CROP Out Hunger Walk" fundraising event to be held on May 1, 2016. This is an annual fundraising event that helps provide funding for local food agency programs. This event has benefited the Renton community for 33 years by providing funds for various food agencies such as the Salvation Army of Renton, ARISE, The Friendly Kitchen, the Margie Williams Helping Hands Center, and St. Vincent de Paul Food Bank. This event provides valuable resources to those in need. The community will benefit by supporting this effort. A. Community Services Fee Waiver Request Authorize the Liberty Park and Riverview Park picnic shelter fee waivers for the CROP Out Hunger Walk fundraising event scheduled for May 1, 2016. AGENDA ITEM #6, d) 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: REACH Group Contact Person: Sharon Kenyon Contact Number 425-271-2080 Address: 2201.4 th Street Renton WA 98056 Email Address: kenvonis5comcast.net Date of Event: 5/0/16 5/1/16 Number in Party: 300 Location: Renton Trail, Riverview Shelter & Liberty Park Type of Event: CROP out Hunger Walk Fundraiser Staff Contact Name/Telephone: Elane (@ 6714 or Jennifer (c) 6711 What is the total cost of the rental and applicable fees? $280.00 What is the cost of the fee waiver or reduction requested? $280.00 Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens: This is an annual fundraiser that benefits organizations within the city limits of Renton providing meals and giving back directly to community members Staff Recommendation: Yes:This event is a positive impact within the community Council Approval cc: C: Users jspencer\DesktopUen's Stufffee Waiver Reduction Request Form doc AGENDA ITEM #6, e) AB - 1611 CITY OF —wwo�Renton 0 SUBJECT/TITLE: Retention Pay Application - Gene Coulon Memorial Beach Park Concrete Tile Rehabilitation RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services STAFF CONTACT: Todd Black, Capital Project Coordinator EXT.: 6571 V Expenditure Required: $ 28,034.03 Transfer Amendment: $ N/A Amount Budgeted: $ 863,293.00 Revenue Generated: $ N/A Total Project Budget: $ 863,293.00 City Share Total Project: $ N/A The Community Services Department submits CAG -15-082, Gene Coulon Memorial Beach Park - Concrete Tile Rehabilitation, for release of retainage. The project started on June 9, 2015, and was completed on January 21, 2016. The contractor, Road Construction Northwest, fulfilled the terms of their contract by replacing the concrete plaza tiles at Coulon Park with cast -in-place concrete. A. Notice of Completion of Public Works Contract Approve the project, commence the 60 day lien period, release the retained amount of $28,034.03 to Road Construction Northwest, once all required releases are obtained. AGENDA ITEM 116, e) c may, sr�re P4 Original `" Yoh ❑ Revised # dye uea ao NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: February 26, 2016 Contractor's UBI Number: 602286010 Name & Mailing Address of Public Agency Department Use Only Ity of Renton, n: Natalie vVissbrod Assigned to: 1055 S Gradv Wav Renton. WA 98057 Date Assigned: UBI Number: 177000094 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number Job Order Contracting Gene Coulon Memorial Beach Park Concrete Tile Rehabilitatio CAG -15-082 ❑Yes RfNo Description of Work Done/include Jobsite Address(es) Removal 20,000 sq. ft. of concrete the pavers and replacement with cast -in-place concrete at Gene Coulon Memorial Beach Park, 1201 Lake Washington Boulevard North. Federally funded transportation project? ❑ Yes YJ No (if yes, provide Contract Bond Statement below) Contractor's Name I E-mailAddress Afridavit ID* Road Construction Northwest larlene@rcnw.com Contractor AddressTelephone # 2500 East Valley Road, Suite C-3 P.O. Box 188 Renton, WA 98057 425-254-9999 If Retainage is not withheld, please select one of the following and ListSurety's Name & Bond Number. Z Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: Propel Insurance Bond Number: 417051 Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 6/9/2015 7/13/2015 1/13/2016 1/21/2016 Were Subcontracters used on this project? If so, please complete Addendum A. Wyes D No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Amount of Sales Tax 9.5 (Ifvarious rates apply, please send a breakdown) TOTAL $ 454,950.00 $ 105,730.67 $ 0.00 $ 560,680.67 $ 53264.66 $ 613.945.33 ivuiC: /nese two totals must be Liquidated Damages $ 0.00 Amount Disbursed $ 585,911.29 Amount Retained $ 28,034.03 TOTAL $ 613,945.32 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. Contact Name: Natalie Wissbrod Title: Accounts Payable Email Address: nwissbrod@rentonwa.gov Phone Number: 425-430-6919 Department of Revenue wasAingtunitneDepwommof Air— Employment Security PubllWorks Section Labor & Industries Department Registration, Inquiry, (360)C704-5650 Contract Release Standards & Coordination PWC(dldor we gov (855) 545-8163, option # 4 ContractRelease@LNI WA.GOV unit (360)902-9450 publicwork3@esd.wa.gov REV 31 0020e (4'28r14) F215-038-000 04-2014 AGENDA ITEM #6. 0 AB - 1613 CITY OF enton (D City Council Regular Meeting - 07 Mar 2016 SUBJECT/TITLE: Reclassification of HR Manager to HR Labor Relations Classification and Compensation Manager RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Human Resources / Risk Management STAFF CONTACT: Ellen Bradley -Mak, Administrator EXT.: 7657 Expenditure Required: $ 7,280 Transfer Amendment: $ N/A Amount Budgeted: $ 7,280 Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARYOF i • The HRRM Department, with the support of the Executive Office, recommends that the current HR Manager position be reclassified to an "HR Labor Relations Classification and Compensation Manager" at grade m36. This recommendation is made for the following reasons: • Due to salary savings created by the currently vacant HR Manager position, the total budget impact through the end of 2016 will be no more than $7,280, which can be absorbed by the Human Resources budget. • It is difficult to find individuals at a manager level with extensive labor backgrounds, who would be willing to accept the current salary range offered. Previous recruitments have not been successful in finding an HR Manager with this skill set and experience in labor relations. • Cities in this region comparable to Renton, that do have HR Managers in Labor Relations, compensate this position at a higher level than HR Managers with other specialities. The average salary for an HR labor relations manager in smaller cities in this region is $124,864. In order to provide valuable labor relations services in-house in a competitive labor market, and to maintain and build stronger relationships with the city's unions, the HR Manager position should be reclassified to an HR Labor Relations Classification and Compensation Manager at salary grade m36. A. Issue Paper Reclassify the HR Manager position to an HR Labor Relations Classification and Compensation Manager, at grade m36, effective immediately. AGENDA ITEM #6. 0 HUMAN RESOURCES cnvoF AND RISK MANAGEMENT Denton (D M E M O R A N D U M DATE: February 29, 2016 TO: Randy Corman, Council President Members of Renton City Council FROM: Ellen Bradley -Mak, Administrator SUBJECT: Request to reclass HR Manager position to an HR Labor Relations Classification and Compensation Manager at grade a36 ISSUE Should the position of HR Manager be reclassified to an HR Labor Relations Classification and Compensation Manager, at grade m36? RECOMMENDATION To provide valuable labor relations services in-house in a competitive labor market, and maintain a strong relationship with the city's unions, the HR Manager position should be reclassified to an HR Labor Relations Classification and Compensation Manager at salary grade m36. BUDGET IMPACT The current HR Manager position has been vacant since mid-January of this year, creating salary savings over a projected period of at least three months, of more than $24,447. The difference between the current salary and the recommended salary is $910/month. It is unlikely Human Resources will fill this position before May 1st, leaving a budget impact of, at most, $7,280 through the end of 2016, which can be absorbed by the Human Resources budget. BACKGROUND The Human Resources/Risk Management Department oversees a wide range of employee and risk management services. There are a total of 11 employees who deliver these services, which include worker's compensation, classification review, claims and liability adjustments, healthcare benefits, labor relations, and much more. While the majority of staff function as generalists rather than specialists, there are a few disciplines in the department that require extensive expertise. One of those disciplines is the area of labor relations. AGENDA ITEM #6. 0 Council President and Renton City Council Page 2 of 3 February 29, 2016 Nancy Carlson, who served as the City's HRRM Administrator from 2008 until recently, had a strong background in labor, having served as the manager of labor relations for King County, Director of Labor and Employee Relations for Swedish Hospital and Director of Labor Relations - Northern California for Kaiser Permanente. With Nancy's retirement and the position of Human Resources Manager currently unfilled, I would like to take this opportunity to reorganize the department's workload and reclassify the Human Resources Manager to focus on the City's labor relations responsibilities. As an HR professional for over 25 years, I believe that my strong suit is in the area of organizational development, inclusion/diversity and creating partnerships with the community that can assist the organization to achieve its goal of becoming the "best city in King County." SUMMARY OF THE ACTION The HRRM department, with the support of the executive office, is recommending that the current HR Manager position be reclassified to an HR Labor Relations Classification and Compensation Manager at a grade m36. This recommendation is made for the following reasons: • It is difficult to find individuals at a manager level who have extensive labor backgrounds, with the current salary range offered. In 2011, when HR Manager Eileen Flott retired, the HR Administrator attempted to hire an individual with strong labor experience. Two separate recruitments were conducted, and the top candidate ultimately decided not to accept the offer for the position. • In comparing other cities in King County, what you will see is that many of the smaller cities contract out their labor relations function, both negotiations and day-to-day issues, with private consultants or law firms that specialize in labor and employment law. The cost to outsource can run anywhere from $250 to $500 per hour or more. The HRRM department would prefer to keep the labor function in-house. Doing so helps to build better relationships with our unions. • As stated, many small cities do not have Labor Relations Managers. Therefore, it was difficult to find comparable positions. What we did find locally is as follows: ➢ Bellevue / HR Division Manager, Labor Relations .................................... $137,833 Redmond / Labor Relations Manager......................................................... $129,888 ➢ Kent / HR Manager, Labor, Compensation/Classification ........................ $105,374 ➢ King County/ Labor Relations Negotiator III ............................................. $126,360 Average salary for labor relations manager = $124,864 At each of the cities described above, the labor relations manager is compensated at a significantly higher level than other HR managers in the same department. While the salary grade I am proposing, m36 (top step= $116,208), is lower than the average in this region, I believe that it is appropriate here as it's in line with how other similarly positioned classifications in Renton are compensated. A director level position here is classified at grade m38 with a top step of $122,064. AGENDA ITEM #6. 0 Council President and Renton City Council Page 3 of 3 February 29, 2016 CONCLUSION With an HR Labor Relations Classification and Compensation Manager, compensated at a competitive level, our Human Resources and Risk Management Department will be positioned to save money and provide more value over the long run in greater efficiency, fewer attorney's fees, and a better relationship with our union leadership. AGENDA ITEM #6, g) AB - 1617 CITY OF enton SUBJECT/TITLE: Conversion of Police Commander Position to Police Manager RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police STAFF CONTACT: Kevin Milosevich, Chief of Police EXT.: 7503 FISCAL IMPACT: Expenditure Required: $ N/A Amount Budgeted: $ N/A Total Project Budget: $ N/A Transfer Amendment: $ N/A Revenue Generated: $ N/A City Share Total Project: $ N/A One of the highlighted changes in the 2015/2016 Police Department Budget was the conversion of a Commander position to a Police Manager position (See Exhibit A). This change was anticipated with the retirement of Commander Katie McClincy. Prior to the creation of the SCORE facility, Penny Bartley held the position of Police Manager and was responsible for the Staff Services Division. The Commanders within the department rotate assignments every 3-4 years. Commander McClincy chose not to rotate, but to stay in this position for the last eight years or so. This position requires a substantial knowledge base in the area of public records dissemination and our records management system. In the best interest of the Department, and the members of the Staff Services Division, identifying and hiring a professional manager familiar with public disclosure requests and records would be an asset to the Department. This position is not subject to rotation and therefore would be responsible for the Staff Services Division for the long term. In order to implement this change, staff is requesting that Council approve the newly created "Police Manager" position, Range m30 (non -represented), and reduce by 1 FTE the authorized number of Police Commander positions. This change will not not generate a deficit because the Commander position is compensated at the m37 grade and the Police Manager will be compensated at the m30 grade. A. Budget Reference B. Job Description Amend the City of Renton Index of Positions and Pay Ranges, included in the 2015-2016 Biennial Budget, by approving the new position of Police Manager, range m30. Authorize the Administration to fill this position through eliminating the Police Commander position in the Staff Services Division. AGENDA ITEM #6. g) I Highlight of Budget Changes: Increased the Valley Communications line item by $322,445 for 2015 and $475,598 for 2016 due to an increase in II medical insurance and capital requirements from Valley Communications. • Due to the market increase in ammunition, there was an increase of 560,000 each year for 2015/2016 for practice and duty ammunition. • The Quartermaster line item was increased by $33,000 for 2015 and $30,000 for 2016 for ballistic vests j replacement. • The State of Washington assesses a fee of $3,063 for each new officer to attend the basic academy. This will cause an increase of $12,000 in the training line item for both 2015/2016. • The addition of a 3rd K9 officer will cost $90,384 in 2015 and $22,466 in 2016. In 2015 the higher costs are to cover y a new vehicle, equipment and K9. The expenses for 2016 are operational in nature. • The Harbor Patrol contract with the City of Mercer Island has been increased by $23,950 for both 2015/2016. • In a joint effort with Auburn, Kent, Tukwila and administered by the YMCA, the Alive & Free program is an anti ' gang/anti violence outreach program that will cost $30,000 in both 2015/2016. _0 During 2015 there will be a conversion of a Commander position to a Police Manager position. The Police Manager will be a non commissioned position that will oversee the Records/Administrative Services Division. The Police Manager position is the same pay grade as a Commander and will have no budgetary effect. • Investigations will see an increase of $25,000 for both 2015/2016 to help train two detectives in computer forensics. • Additional Red Light Cameras will be set up at the intersection of Benson & Petrovitsky and three elementary schools to include Benson Hill, Cascade and Honey Dew. These additional approaches will cost $294,000 for both 2015/2016 and will pay for themselves. • The addition of 1 SRO officer in 2015 and another one in 2016 contingent on a contract to help with salaries from the Renton School District. Budget by Department - Police 3-95 Police Performance Measures: 2014 Results City Service Area City Service Area Strategies Performance Measures 2012 Results 2013 Resultsif available Average response time (in minutes) to Priority I calls. 3.07 3.81 4.64 Timely responsiveness and Average response time (in minutes) to 7.32 6.50 7.64 Safety andPriority "Projection of effort" when the II calls. Health community cannot help itself Average response time (in minutes) to 10.48 8.81 10.87 Priority III calls. Average response time (in minutes) to a Priority IV calls. 21.05 16.01 20.91 I Highlight of Budget Changes: Increased the Valley Communications line item by $322,445 for 2015 and $475,598 for 2016 due to an increase in II medical insurance and capital requirements from Valley Communications. • Due to the market increase in ammunition, there was an increase of 560,000 each year for 2015/2016 for practice and duty ammunition. • The Quartermaster line item was increased by $33,000 for 2015 and $30,000 for 2016 for ballistic vests j replacement. • The State of Washington assesses a fee of $3,063 for each new officer to attend the basic academy. This will cause an increase of $12,000 in the training line item for both 2015/2016. • The addition of a 3rd K9 officer will cost $90,384 in 2015 and $22,466 in 2016. In 2015 the higher costs are to cover y a new vehicle, equipment and K9. The expenses for 2016 are operational in nature. • The Harbor Patrol contract with the City of Mercer Island has been increased by $23,950 for both 2015/2016. • In a joint effort with Auburn, Kent, Tukwila and administered by the YMCA, the Alive & Free program is an anti ' gang/anti violence outreach program that will cost $30,000 in both 2015/2016. _0 During 2015 there will be a conversion of a Commander position to a Police Manager position. The Police Manager will be a non commissioned position that will oversee the Records/Administrative Services Division. The Police Manager position is the same pay grade as a Commander and will have no budgetary effect. • Investigations will see an increase of $25,000 for both 2015/2016 to help train two detectives in computer forensics. • Additional Red Light Cameras will be set up at the intersection of Benson & Petrovitsky and three elementary schools to include Benson Hill, Cascade and Honey Dew. These additional approaches will cost $294,000 for both 2015/2016 and will pay for themselves. • The addition of 1 SRO officer in 2015 and another one in 2016 contingent on a contract to help with salaries from the Renton School District. Budget by Department - Police 3-95 CLASS TITLE FLSA STATUS: Exempt JOB SUMMARY: AGENDA ITEM #6. g) CITY O Renton 00""" POLICE MANAGER (02033) BARGAINING UNIT: PAY RANGE: Non -Represented m30 Considered a working manager, oversees the Staff Services Division including direct reports and indirect reports. Manages, directs, and organizes information disseminated to department staff and other agencies including, media releases, public relations and public records requests. Manages employee performance including coaching, mentoring, and conducting discipline. Monitors and maintains a designated budget. Ensures department strategic goals are implemented. Engages in the development, interpretation, and administration of policies. SUPERVISION: Reports To: Chief of Police Supervises: Police Services Specialist Supervisors, Police Services Specialists JOB DUTIES/RESPONSIBILITIES: Essential Functions: • Plan, organize and manage operations within the Staff Services Division. • Recruit, hire, train; recognize, promote, coach, mentor, develop, evaluate, and manage the performance of assigned staff including making recommendations regarding discipline and termination. • Delegate/assign, prioritize, review, and ensure timely completion of duties of assigned staff. • Assist in establishing and implementing the goals of the Staff Services Division and Police Department. • Evaluate division operations to improve customer service, productivity and efficiency, and resolve work-related complaints and issues that cannot be addressed by staff. • Provide technical and policy information to the public; meet with customers to resolve issues, and maintain positive relationships. • Prepare and control budgets; control and approve expenditures and capital purchases; monitor, prepare and submit periodic budget updates; and, monitor assigned performance measures 0 Release information to the media as required. Police Manager - Continued AGENDA ITEM #6. g) Page 2 • Act as or assist the City of Renton Public Information Officer as needed. • Represent the Police Department to other city departments,agencies, community groups, and the general public; make informational presentations. • Coordinate assigned activities with other Police Department divisions, City departments, Valley Communications Center, outside agencies, attorneys, and other individuals. • Evaluate and recommend computer and other new equipment proposals; coordinate with vendors, design implementation procedures, arrange employee training, and arrange for maintenance of computer and other equipment. • Respond to inquiries on policies and procedural matters as appropriate. • Maintain responsibility for department management of Public Disclosure Requests. • Manage department responses to court orders to seal, expunge, delete and vacate records. • Manage department records retention schedule. • Remain current with relevant technological advancements as it relates to field. • Maintain regular, reliable, and punctual attendance, work evening and/or weekend hours as assigned, and travel as required. Standard Functions: • Perform other duties as assigned. • Respond to emergency callouts in unusual occurrences or major crimes. • May be assigned to support critical city priorities during disasters or other emergencies. EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS: • High school degree or equivalent. • Five years of office and records management experience. • Two years supervisory experience in records management. • Successful completion of stringent background process, including: personal background investigation, polygraph examination, psychological evaluation conducted by a psychologist, and a medical physical, including a drug -screening test. • ACCESS (A Central Computerized Enforcement Service System) certification within 6(six) months of hire. • Public sector experience preferred. KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS: • Oral communication and presentation skills. • Written communication skills, ensuring correct grammar, spelling, punctuation and vocabulary. • Technical writing skills. • Interpersonal skills using tact, patience, and courtesy. Police Manager - Continued AGENDA ITEM #6, g) Page 3 • Effective, professional, and positive interactions with difficult individuals. • Understand and follow direction given. • Meet schedules and deadlines. • Accurate mathematical skills. • Recordkeeping and data entry skills. • Report preparation and distribution skills. • Budget development and control skills. • Research and analytical skills. • Decision-making skills. • Conflict resolution and problem -solving skills. • Leadership skills. • Detail -oriented and organization skills. • Ability to: o Compose, proofread, and edit correspondence. o Work independently. o Negotiate viable solutions under a variety of circumstances. o Analyze situations accurately and adopt an effective course of action. o Generate complex reports. • Knowledge of: o Federal, state, and local laws and regulations relating to police records, and activities. o Washington State Public Records Act o Alpha and numeric filing systems. o Proper use of relevant safety devices or equipment. o Microsoft Word, Excel, Outlook, and Records Management software. WORK ENVIRONMENT/PHYSICAL DEMANDS: The following represent the physical demands that must be met to successfully perform the essential functions of this job: • Work is performed in a typical office environment and involves moving throughout the facility and community. • Driving and field work required. • Constantly operate a computer and other office equipment. • Frequent communication with City employees and customers. • Night meetings required. • Move items weighing up to 20 pounds on occasion. • Noise level is moderately quiet. Approved reasonable accommodation requests will be made to enable individuals with disabilities to perform the essential functions of the job. Established Date: July 1996 Revised: March 2001, February 2016 Original Tale: Staff Services Manager AGENDA ITEM #6, h) AB - 1610 CITY OF enton City Council Regular Meeting - 07 Mar 2016 SUBJECT/TITLE: RECOMMENDED ACTION DEPARTMENT: STAFF CONTACT: EXT.: Expenditure Required: $ N/A Amount Budgeted: $ N/A Airport T -Hangars Rent Increase Refer to Transportation (Aviation) Committee Transportation Systems Division Jonathan Wilson, Airport Manager 7477 Transfer Amendment: $ N/A Revenue Generated: $ 7,400 Total Project Budget: $ N/A City Share Total Project: $ N/A The Airport manages 39 aircraft T -hangars on a month-to-month basis. Each of the 39 T -hangars is rented and there is a waiting list of more than 60 people. With the last rental increase effective January 1, 2013 each hangar tenant is charged $393.62 per month for rent, plus a leasehold excise tax amount of $50.54, for a grand total of $444.16. Three years is a typical interval for rate increases for other leaseholders on the Airport. Since three years has now passed, Airport staff computed a rental increase using the Consumer Price Index -Urban. The 4% increase will raise the rent by $15.81 to $409.43, plus leasehold excise tax of $52.57 for a new monthly rent total of $462.00. The effective date of the new rental fee will be April 1, 2016. An additional $7,400 in annual airport leasehold revenue will be generated as a result of the increase. A. Consumer Price Index - All Urban Consumers Approve a Consumer Price Index -Urban increase in the monthly rent for the Airport T -hangars from $393.62 to $462.00, including leasehold excise tax, effective April 1, 2016. Bureau of Labor Statistics Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUURA423SA0,CUUSA423SA0 Not Seasonally Adjusted Area: Seattle -Tacoma -Bremerton, WA Item: All items Base Period: 1982-84=100 Years: 2005 to 2015 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2005 197.6 201.3 199.8 199.9 203.3 200.9 200.2 199.2 201.3 2006 203.6 207.4 208.2 209.6 209.8 209.3 207.6 205.8 209.5 2007 211.704 215.767 215.510 215.978 218.427 218.966 215.656 213.810 217.502 2008 221.728 223.196 228.068 227.745 225.915 222.580 224.719 223.569 225.869 2009 224.737 225.918 227.257 227.138 226.277 225.596 226.028 225.580 226.475 2010 226.085 226.513 226.118 227.645 227.251 226.862 226.693 226.195 227.190 2011 229.482 231.314 233.250 233.810 235.916 234.812 232.765 230.815 234.715 2012 235.744 237.931 239.540 240.213 241.355 237.993 238.663 237.344 239.981 2013 239.898 240.823 242.820 242.767 242.787 241.055 241.563 240.777 242.350 2014 242.770 246.616 247.642 247.185 247.854 245.050 246.018 245.125 246.912 2015 245.496 247.611 251.622 251.617 250.831 250.385 249.364 247.614 251.115 Calculation (247.614 / 237.344 = 1.04 or 4%) Current hangar rent 393.62 Proposed hangar rent 409.36 (393.62 x 1.04) n c R 2 C n - 3 Cr Source: Bureau of Labor Statistics Generated on: February 19, 2016 (02:56:19 PM) AGENDA ITEM # 8. a) CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 27, SHOPPING CART REGULATION, OF TITLE VI (POLICE REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY CLARIFYING REGULATIONS; ADDING DEFINITIONS FOR 'ADMINISTRATOR', 'IDENTIFICATION SIGN', 'CART SIGN' AND 'IMPOUNDED CART'; DELETING THE REQUIREMENTS FOR SHOPPING CART RETRIEVAL AND CONTAINMENT PLANS; AND ADDING FINES FOR VIOLATIONS OF THIS CHAPTER. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 27, Shopping Cart Regulation, of Title VI (Police Regulations) of the Renton Municipal Code, is hereby amended as follows: CHAPTER 27 SHOPPING CART REGULATION SECTION: 6-27-1: Purpose 6-27-2: Declaration Of Nuisance 6-27-2- ShoppiRg GaFt Containment And 6-27-4- Smemptions 6-27-63: Definitions 6-27-64: Shopping Cart Signage 6-27-75: Rptripvall.And Impound And Fines Pmc2E-FKe5 6-27-86: Rapr. And Disposition Of Carts 6-27-97: Illegal Possession Or Accumulation Of Carts 6-27-1 PURPOSE: It is the primary purpose of this Chapter to provide for the prompt retrieval of lost, stolen or abandoned shopping carts in order to promote public safety and improve the image and appearance of the City. It is a purpose of this Chapter to have the owners and operators of businesses providing shopping carts use the means available to them to deter, prevent or mitigate the removal 1 AGENDA ITEM # 8. a) ORDINANCE NO. of shopping carts from their business premises, and to retrieve any carts that may be removed despite these efforts. It is a further purpose of this Chapter to prevent the illegal removal of shopping carts from the business premises, to prevent the continued possession of illegally removed carts, and to prevent the accumulation of illegally removed carts on public or private properties. 6-27-2 DECLARATION OF NUISANCE: Retail establishments provide shopping carts for the convenience of customers shopping on the premises of the businesses. A &shopping carts that #a.ve has been removed from the premises of the business and left abandoned on public or private property throughout the City constitutes a public nuisance and a potential hazard to the health and safety of the public; each lost, stolen or abandoned cart shall constitute a separate violation. Shopping carts abandoned on public and private property can create conditions of blight in the community, obstruct free access to sidewalks, streets and other rights-of-way, interfere with pedestrian and vehicular traffic on pathways, driveways, public and private streets, and impede emergency services. It is for these reasons that such lost, stolen, or abandoned shopping carts are hereby declared to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter, or in any other manner provided by law. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, 2 AGENDA ITEM # 8. a) ORDINANCE NO. even if in the possession of any person, unless such person in possession thereof is: A. An authorized agent; or B. RetKievai Retail Establishment personnel; or C. Enforcement personnel; or D. An authorized customer. Except as—etheFWisePFOVided in this Chapter, eveFy E)wneF ,.,h^ pFevi�'^� shall develop, impleMeRt and comply with the previ-sileps ef C-1 WFitteR Sh 6-27-93 DEFINITIONS: AGENDA ITEM # 8, a) ORDINANCE NO. Except as otherwise expressly set forth herein, the following words and terms as used in this Chapter shall have the following meanings: A. Administrator: The Administrator of the Community and Economic Development Department. B. Authorized Agent: The owner, or an employee or authorized agent of the owner, entitled to possession of the shopping cart. 9-.C. Authorized Customer: A customer of the owner of the shopping cart, having the written permission of the owner or owner's agent to remove the shopping cart from the owner's premises. Such peFFni55i0R, -heweyeF, shall �&D. Enforcement Personnel: Any police officer, code enforcement inspector, or designated staff employed by the City of Renton. E. 'Identification Sign' or 'Cart Sign': A sign that provides ownership information, as required by this Chapter, which is required to be affixed to each shopping cart. F. Impounded Cart: Any shopping cart collected by authorized City personnel, regardless of whether or not the shopping cart is being transported to or is stored within City facilities. G. Lost, Stolen, or Abandoned Shopping Cart: A shopping cart that is either: 4 AGENDA ITEM # 8. a) ORDINANCE NO. 1. Removed from the premises of a retail establishment by any person without the written permission or consent of the owner of the shopping cart or the retailer otherwise entitled to possession of such cart; or 2. Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with permission of the owner; 3. For purposes of this Chapter, any shopping cart located on any public or private property other than the premises of the retail establishment from which such shopping cart was removed shall be presumed lost, stolen, or abandoned, even if in the possession of any person, unless such person in possession thereof is either: a. The owner, or an employee or authorized agent of the owner, entitled to possession of said shopping cart; or b. An officer, employee or agent of a cart retrieval service hired by the owner to retrieve such carts; or c. City enforcement personnel retrieving, storing or disposing of said cart pursuant to the provisions of this code; d. A customer with written permission from the owner or agent of the owner to take the cart off premises. 5 AGENDA ITEM # 8. a) ORDINANCE NO. €-H. Owner: Any person or entity, in connection with the conduct of a business, that whe owns, leases, possesses, or makes more than ten (10)—,a shopping carts available to customers or the public. F-1. Parking Area: A parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. The parking area of a retail establishment located in a multi -store complex or a shopping center shall include the entire parking area used by the multi -store complex or shopping center. G -J. Premises: Any building, property, or other area upon which any retail establishment business is conducted or operated in the City of Renton, including the parking area provided for customers in such retail establishment. W.K. Retail Establishment: Any business located in the City of Renton which offers or provides shopping carts for the use of the customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private club or business, or is a membership store. Retrieval RlaR as gEart-ret,=iev-alserviEes, w etheF empleTees—ef the 1:L. 'Shopping Cart' or 'Cart': A basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 11 AGENDA ITEM # 8. a) ORDINANCE NO. 6-2744 SHOPPING CART SIGNAGE detai1iRg—the stere's strategy forfreventin^ ShGpp*Rg C-aFtS fF^^, leaviRg *he detail the business' appFeach to Fetain eaFts on the pFepeFty occupied by the . er.�+nrsa A. 4- Identification Signs on ECarts (Required: €*e -y Each shopping cart made available for use by customers shall have an Identification Ssign permanently affixed to it that includes the following information in accordance with RCW 9A.56.270, as now enacted or hereafter amended: 1. a Identifies the owner of the shopping cart or the name of the business establishment, or both -.,- 2. �-. oth.. 2_43�- Notifies the public of the procedure to be utilized for authorized removal of the cart from the busiRess premises.. -L 7 AGENDA ITEM # 8. a) ORDINANCE NO. 3_E W Notifies the public that the unauthorized removal of the cart from the premises of the business or parking area of the retail establishment, or the unauthorized possession of the cart, is and state unlawful; and 4_d: A Lists a current telephone number or address for returning carts removed from the premises or parking area to the owner or retailer. W Feyeet B_-2-. Notice to customers: WFOReR netiee shall be pFevided Owners shall provide written notice to customers, that the removal of shopping carts from the premises is prohibited. Such notice may be provided in the form of flyers distributed on the premises, notice printed on shopping bags, direct mail, notices on business websites, or any other means demonstrated to be effective. Additionally, all owners shall display and maintain conspicuous signs shall be placed and maiRtaiRed on the premises near all customer entrances and exits and throughout the premises, including the parking area, warning customers that removal of shopping carts from the premises is prohibited by state and City law. N AGENDA ITEM # 8. a) ORDINANCE NO. a. IHStaIli.,,, .diSabIi..,-.A all r=aFtS. d. RequiFiRg r rpt., deposits f.,r u of all carts• AGENDA ITEM # 8. a) ORDINANCE NO. pareses of the retrieval of lost, s 6.—lep Ar- a_andef�ed s lc^sp^p^'m^�6t"N"zs. 1C i sentraeters hired bar -the 9WReF to pFeyide shopping ea Ft FetFieval retrieval duties, the na+AbeF Of tetallhGaFS—pp-.r eels that ear::h ass4pw- BMW Fece iJed ^F will rzeeive seneenin the–retFieval of lest, stelee OF abandened shoppiRg eaFtsj OF 10 AGENDA ITEM # 8. a) ORDINANCE NO. rnnu ed by this .hr r•+.nas well the rf. .. pd times of r rh P;Tsee, Rt to this Ch a pte , and Feee m pt 9f the FeqwiFedpFQEess+rgfee, the 11 AGENDA ITEM # 8. a) ORDINANCE NO. rr�nn:!r�r_r.�:r_�esr.+s�:er�errm�:e�s� 2. Ne> iEe of #sear;,,,, if the appeal is timely filed, the r or -,;ha4 12 AGENDA ITEM # 8. a) ORDINANCE NO. 6-2745 RETQ'F-"^' ""I^ IMPOUNDMENT AND FINES A. RetFieval Impoundment of Shopping Carts-_ The City may immediately r,etFieve impound any lost, stolen or abandoned shopping cart within the City, or any GFAFne diateI„ FetFieve aRy lest StOleR OF aban e „d cart within the City to which dees not have the required Identification Sign is not affixed to it. The City Fnay F2 Beit airy—i6rst, s+ ,I , , ., h ,.J ,.,1 .l sL,.,.,., ., . eart ,1+L,..,+h , City which has to I.,r 9F agent. B. Impounded Carts: Owners identified on Cart Signs will be informed that they have fourteen (14) days in which to retrieve the cart(s) from the City. I f City, f iSh + S diSGO ,.,... a•E�l�i+rnvtF6e-rrvrTrtk}C�Fcy-vr�i�l. �nvpp�ccnT�-aT�cvTcr� C. Notification of Impounded Cart: The City shall utilize the required Cart Sign to notify the owner of each impounded cart; absence of the required Cart 13 AGENDA ITEM # 8. a) ORDINANCE NO. Sign shall relieve the City from this responsibility. se FYiees, eF the—neFinal flew of vehieulaF er—pedestFiaR tFaf ter IS OR pfivate . FE) eFtyr City eRfE)FeemeRt p el aFe l thWized to immediatelyy, FetFieye the D. Fines: The City shall issue a one hundred dollar ($100) fine to the owner of each lost, stolen, or abandoned cart impounded by the City. Each cart impounded by the City shall constitute a separate violation. E. Retrieval Fee: The City shall issue a retrieval fee of twenty-five dollars ($25) to the owner of each lost, stolen, or abandoned cart impounded by the City and retrieved, collected, or reclaimed by the owner. If the owner of the cart retrieves the cart within fourteen (14) days, the owner shall be exempt from this fee. 6-27-56 «<�;; DISPOSITION OF CARTS: A. Disposition of Carts: Carts impounded by the City which are either held for more than fourteen (14) days following the date of notification, or carts 14 AGENDA ITEM # 8. a) ORDINANCE NO. without an Identification Sign, may be disposed of or sold by the City. Failure to "mr"yvvj- Mm B. Appeals: 1. Filing of Appeal: Any owner aggrieved by any adverse decision of the Administrator pursuant to this Chapter may appeal such decision within fourteen (14) calendar days following the date of such decision by filing with the Hearing Examiner or City Clerk a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed filed on the date the appeal processing fee has been paid. No appeal shall be accepted for filing and processing by the Administrator unless accompanied by the appeal processing fee. 2. Notice of Hearing: If the appeal is timely filed, the Examiner shall cause the matter to be set for hearing. The appellant shall be provided not less than ten (10) calendar days written notice of the date, time and place of the hearing. The Hearing Examiner shall conduct the hearing pursuant to the provisions of RMC 4-8-110. eelleets slag;l—eenst+tute a separate Ter, aR„ GWReF h ,.,; 15 AGENDA ITEM # 8. a) ORDINANCE NO. f1:lSS71 . 6-27-87 ILLEGAL POSSESSION OR ACCUMULATION OF CARTS: A. Any person removing a shopping cart from the premises of an owner, without the written permission of the owner or the owner's authorized agent, shall be guilty of shopping cart theft in the 3Fd degFee, which is a misdemeanor, pursuant to RCW 9A.56.270. B. Any owner or lessee of residential property that knowingly allows one or more shopping carts to remain on the leased property without written permission of the owner of the shopping cart or the owner's authorized agent, is guilty of possession of stolen property in the 3rd degree, which is a gross misdemeanor. The ewner er lessee `ha" h^ pxprn^* 499 the pFeyisiens of +h' £#2pteF except if the owner or lessee contacts the owner of the cart(s) weekly until the cart(s) are removed and asks that the carts be retrieved, keeping a record of such contact. C. Any owner of multi -family housing which allows an accumulation of three mor more shopping carts upon the multi -family premises `ha" be guilty has committed a code violation punishable according to the terms of RMC 1-3-2 16 AGENDA ITEM # 8. a) 19 C 9 ► _► OX—Mel There shall be an exec *9R exception for the owner of any multi -family housing who has sent a letter to all tenants, on a quarterly basis, advising the tenants to not leave shopping carts on the premises of the multi -family property and who has kept a record of such letters. The owner of the multi -family housing, to claim this exemption exception, must also contact the owner of the carts weekly until the carts are removed, and ask that the carts be retrieved, keeping a record of the date and time of such contact. D. Any owner of commercial or industrial property which allows the accumulation of one or more shopping carts, not maintained as part of the business, shall be guilty ef a RwisaTRee. Surch ulatieR shall be illegal,...d Rdpr has committed a code violation punishable according to the terms of RMC 1-3-2, and ^"^"hable *here -u., The owner of the commercial or industrial property may claim an exemptien exception from this i +ee code violation. To claim this exemption exception, the owner must contact the owner of the carts weekly until the carts are removed and ask that the carts be retrieved, keeping a record of the date and time of such contact. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2016. Jason A. Seth, City Clerk 17 AGENDA ITEM # 8. a) ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2016. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1901:2/12/16:scr 18 Denis Law, Mayor CITY OF EXECUTIVE DEPARTMENT Renton M E M O R A N D U M DATE: March 7, 2016 TO: Randy Corman, Council President Members of the Renton City Council FROM: Denis Law, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following are some items worthy of note for this week: The Solid Waste Utility will host its last Eco Film presentation Thursday, March 10th at 6:30 p.m. at Carco Theater. The film, Sound and Vision, produced by People for Puget Sound, will be screened followed by a community discussion with speakers working to prevent water pollution in our region. The event is free and a great opportunity to learn what each of us can do to improve the quality of our waterways and help protect marine life. Questions may be directed to either Linda Knight at 425-430-7397 or to Jina Kim at 425- 430-7391. • Preventative street maintenance, traffic impact projects, and road closures will be at the following locations: ✓ Monday, March 7th through approximately Wednesday, March 9th. As early as Monday, March 7th, motorists can expect North 4th Street at Logan Avenue North to be closed to traffic for two consecutive days for up to eight hours each day to allow the east half of Logan Avenue to be paved. This work is weather dependent and the message board signage will be modified to announce the closure on the days the work is being undertaken. Questions may be directed to James Wilhoit at 425-430-7319 or Todd Freih at 425-999-1832. ✓ Monday, March 7th through Friday, March 11th. Curb lane closure of the northbound lane of Sunset Blvd. North underneath 1-405 to accommodate sidewalk installation. ✓ Monday, March 7th through Friday, March 11th, approximately 8:00 a.m. to 5:00 p.m. The two west lanes on Main between 2nd and 3rd will be closed for project improvements while the east lanes will be open for traffic flow. Approved traffic control plans have been issued for all work and will be followed. The on-site inspector, Pat Miller, can be reached at 206-794-6162. Randy Corman, Council President Members of Renton City Council Page 2 March 7, 2016 ✓ Monday, March 7th through Friday, March 11th, approximately 8:00 a.m. to 3:00 p.m. Possible single lane closure on Chelan Avenue SE, between SE 2nd Place and SE 4th Place, due to adjustment of utilities. Questions may be directed to Mark Wetherbee at 206-999-1829. ✓ Monday, March 7th through Friday, March 11th, approximately 8:00 a.m. to 3:00 p.m. Possible single lane closure on Union Avenue NE in front of 2001 Union Avenue NE, due to installation of utilities. Questions may be directed to Mark Wetherbee at 206-999- 1829. ✓ Monday, February 22nd through approximately August 31st. Logan Avenue North between North 6th Street and Airport Way will be closed 24/7 to all southbound traffic during construction of the Logan Avenue Improvement Project. Southbound Logan Avenue North traffic will be rerouted along Park Avenue North to Bronson Way and South 2nd Street. Questions may be directed to James Wilhoit at 425-430-7319 or via email at jwilhoit@rentonwa.gov. For updates visit the project web page at Rentonwa.gov. RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET (Page 1) Agenda Item No.: CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE DATE: PLEASE PRINT 5 Minute Time Limit 1 Name: �� Addres OAddress: Cityfo 04, Zip Code. Email: )i�o��/ry��, Y►�-�, Topic: 5 Name: City Zip Code Topic: 2 Name: 6 Name: Address: Address: City Zip Code Topic: ` City Zip Code Topic: 3 Name: 7 Name: Address: Address: City Zip Code Topic: City Zip Code Topic: 4 Name: 8 Name: Address: Address: City Zip Code Topic: City Zip Code Topic: (Continued from Reverse Side - Page 2) RENTON CITY COUNCIL MEETING AUDIENCE COMMENT SIGN-UP SHEET CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE A PARTY OF RECORD WHEN APPROPRIATE PLEASE PRINT 5 Minute Time Limit 9 Name: 13 Name: Address: Address: City Zip Code Topic: City Zip Code Topic: 10 Name: 14 Name: Address: Address: City Zip Code Topic: City Zip Code Topic: 11 Name: 15 Name: Address: Address: City Zip Code Topic: City Zip Code Topic: 12 Name: 16 Name: Address: Address: City Zip Code Topic: City Zip Code Topic: The Lodging Tax Advisory Co.mmrttee met on June 30, 2015, to approve anew application process for the allocation of lodging ax funding for 2016,ensuring consistency, fair.`ness and-comp.iance with state regulations . Th`e `Committee: met.,agam ,on October; 9 20T5;; setting a timeline for _the application process,in staffto hold a -workshop for interested: applicants on- ctober 28th, 20;15 :.Applications were due on.November z0; 2015, and 79 :applications were received. :. •. The Committee heard -.presentations -from, all applicants.'on December= ,4, 2015, and met on again'on December 16; 2015 .to finalize its-recommeridations " The Lodging Tax Advisory Committee recommends Renton City Council approve 2016 expenditures from the, Lodging Tax:Fund as follows:. • Renton Technical College, Readm&Apprenticesf ip Conferences $2;500 • Renton Technical College ,Readin A renticeshi m.STEIVI`-$2 500: ' g. pp p , , - Renton Civic Theafer; 2016.Season, $2,500 • Seattle lnternational`Film. Festival, 2016 Renton; $20,000 • 'Renton Chamberof,•Camme:rce; 2016 Oktoberfest, $12;500 , • City of Renton; Renton Community; Marketmg;Campaign $50,000 _ • cltyof:R,Onton, Seahawks-Rally, r .. .• Renton Chamber of Commerce,. Return to Renton Car Sho'w;• $5,000•: - • Tasveer, Seattle South Asian FiIm 1 estival,",$7,000 - • Olympic Peninsula fishing Innovations, Atlantic SalmonFly Expo, $10;000 r - -• City.of`Renton, Multi=,Cultural Festival, $2`0;000' Total Recommendation: $142,000 The Committee, of the Whole recommends that council approvethe `above expenditures and further "recommend s.that the'allocation"of $75;000:to',the,Renton Chamber'of Commerce forthe •Visitor's ,Center, be 'forwarded back 'to the. Lodging.: Tax Advisory Committee .`for additional information and'will be brought back to the committee-at�a later date., 74 ff andy.; Gorman; Council President cc: Chip Vincent, Community; Economic Development Administrator Iwen Wang,.Admmistrative Services - Administrator. Cliff Long, Economic Development Director _ _ STAFF RECAP COUNCIL MEETING REFERRALS 3/7/2016 MOTIONS REFERRED TO ADMINISTRATION: None Other Requests: None* MOTIONS REFERRED TO COUNCIL COMMITTEE: None *The consent agenda items were adopted as presented, with the exception of Item 6.g. (Conversion of Police Commander Position to Police Manager) which was removed for separate consideration, and approved as Council Concur. MAR 7, 2016 - CITY COUNCIL REGULAR MEETING - MOTION SHEET Agen"- Agenda ° > _ Title/Item fVlotion, . =' Staff Contacf. Interested Parties, -da Section Place a ment 2. ROLL CALL Councilmember Perez was absent. Council Concur N/A N/A 6.a) CONSENT Approval of Council Meeting minutes of February 22, 2016. Council Concur Jason Seth Megan Gregor AGENDA 6.b) CONSENT AB -1614 Community & Economic Development Department Refer to Utilities` Amanda Askren Jennifer Henning AGENDA recommended adoption of an ordinance granting a 10 -year franchise Committee Judith Subia agreement with Level 3 Communications, LLC as a purveyor of broadband telecommunication services within the City of Renton. 6.c) CONSENT AB -1616 Community & Economic Development Department submitted Council Concur Angie Mathias Judith Subia AGENDA 10% Notice of Intent to Annex petition for the proposed Bradley Sandi Weir Annexation and recommended a public meeting be set on 3/21/2016 to consider the petition; 17.7 acres bordered to the south by parcel lines located near SE 146th PI. (if extended), by parcel lines near 157th PI. SE to the east, parcel lines in proximity to SE 142rd PI. to the north, and by 154th PI. SE to the west. 6.d) CONSENT AB -1598 Community Services Department requested approval to waive Refer to Finance, Casey Stanley Kris Stimpson AGENDA the shelter fees in the amount of $280 for the annual REACH "CROP Out Committee Elane Rosok Hunger Walk" on 5/1/2016. Jennifer Jorgenson 6.e) CONSENT AB -1611 Community Services Department submitted CAG -15-082, Gene Council Concur Todd Black Sandi Weir AGENDA Coulon Memorial Beach Park - Concrete Tile Rehabilitation Project, contractor Road Construction Northwest; and requested acceptance of the project, and release of retainage in the amount of $28,034.03, if all required releases are obtained. 6.f) CONSENT AB -1613 Human Resources / Risk Management Department Refer to Finance Ellen Bradley- MaryAnn AGENDA recommended approval of the reclassification of a HR Manager (m30) to Committee Mak Coleman HR Labor Relations Classification and Compensation Manager (m36) in the Human Resources and Risk Management Department, effective immediately with an increased cost of $7,280, for 2016. 6.h) CONSENT AGENDA AB -1610 Transportation Systems Division recommended approval of a monthly rent increase based on the Consumer Price Index-Urban for all Airport T-hangers from $393.62 to $462, including leasehold excise tax, with an annual increased revenue of $7,400, effective 4/1/2016. e er to Transportation (Aviation) Committee, Jonathan Wilson Heather Ulit Susan Campbell- Hehr Sandi Weir 6.g) ITEM 6.G. - AB - 1617 Police Department recommended amending the City of Renton R^c^- to o..�.�°^ Kevin Milosevich Melissa Day SEPERATE Index of Positions and Pay Ranges, included in the 2015-2016 Biennial CONSIDERA Budget, by approving the new position of Police Manager (m30) and committee. TION authorize the Administration to fill this position through eliminating the Council Concur Police Commander position in the Staff Services Division of the Police Department. 7.a) UNFINISHED Committee of the Whole Chair Corman presented a report stating that Council Concur Cliff Long Judith Subia BUSINESS the Lodging Tax Advisory Committee met on June 30, 2015, to approve a new application process for the allocation of lodging tax funding for 2016 ensuring consistency, fairness and compliance with state regulations. The Committee met again on October 9, 2015, setting a timeline for the application process and directing staff to hold a workshop for interested applicants on October 28th, 2015. Applications were due on November 20, 2015, and 19 applications were received. The Committee heard presentations from all applicants on December 4, 2015, and met on again on December 16, 2015, to finalize its recommendations. The Lodging Tax Advisory Committee recommends Renton City Council approve 2016 expenditures from the Lodging Tax Fund as follows: • Renton Technical College, Reading Apprenticeship Conference, $2,500 • Renton Technical College, Reading Apprenticeship in STEM, $2,500 • Renton Civic Theater, 2016 Season, $2,500 • Seattle International Film Festival, 2016 Renton, $20,000 • Renton Chamber of Commerce, 2016 Oktoberfest, $12,500 • City of Renton, Renton Community Marketing Campaign, $50,000 • City of Renton, Seahawks Rally, $10,000 Renton Chamber of Commerce, Return to Renton Car Show, $5,000 • Tasveer, Seattle South Asian Film Festival, $7,000 • Olympic Peninsula Fishing Innovations, Atlantic Salmon Fly Expo, $10,000 • City of Renton, Multi-Cultural Festival, $20,000 Total Recommendation: $142,000 The Committee of the Whole recommends that council approve the above expenditures and further recommends that the allocation of $75,000 to the Renton Chamber of Commerce for the Visitor's Center be forwarded back to the Lodging Tax Advisory Committee for additional information and will be brought back to the committee at a later date. 7.b) UNFINISHED Transportation (Aviation) Committee Vice Chair Witschi presented a Council Concur Keith Woolley Heather Ulit BUSINESS report recommending concurrence in the staff recommendation to Li Li-Wong accept completion of the SW 27th Street/Strander Blvd. Extension, Phase 1 Segment 2A Project and approve the final pay estimate of $230,383.90, subject to receiving the required certifications. 8.a) ORDINANCE Ordinance No. 5786: An ordinance was read amending Chapter 27, COUNCIL Paul Hintz Angie Mathias FOR Shopping Cart Regulation, of Title VI (Police Regulations) of the Renton ADOPT THE Judith Subia SECOND Municipal Code, by clarifying regulations; adding definitions for ORDINANCE AS Cindy Moya AND FINAL 'Administrator,' Identification Sign,' Cart Sign,' and 'Impounded Cart;' READ. ROLL READING: delegating the requirements for shopping cart retrieval and containment CALL: ALL AYES _. plans; and adding fines for violations of this Chapter. MINUTES City Council Regular Meeting 7:00 PM - Monday, March 7, 2016 Council Chambers, 7th Floor, City Hall —1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Councilmembers Absent. Randy Corman, Council President Ruth Perez Ryan Mclrvin Armondo Pavone Don Persson Ed Prince Carol Ann Witschi MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL EXCUSE ABSENT COUNCILMEMBER PEREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Lawrence J. Warren, City Attorney Megan Gregor, Deputy City Clerk Kelly Beymer, Community Services Administrator Gregg Zimmerman, Public Works Administrator Ellen Bradley -Mak, Human Resources/ Risk Management Administrator Preeti Shridhar, Deputy Public Affairs Administrator Jennifer Henning, Planning Director Leslie Betlach, Parks Planning/ Natural Resources Director Commander Tracy Wilkinson, Police Department Tina Harris, Domestic Violence Victim Advocate, Police Department March 7, 2016 REGULAR COUNCIL MEETING MINUTES SPECIAL PRESENTATIONS a) Custer Fund (RCF) Donation: Lynn Bohart from the Renton Community Foundation provided a brief history regarding the Custer Fund Donation. She also announced that this year a grant will be provided to the City of Renton's Parks Division to help fund the 'Nature Playground' at Meadowcrest Playground and presented the City with a check in the amount of $55,000. Leslie Betlach, Parks Planning / Natural Resources Director outlined what the 'Nature Playgound' will provide to the community. b) Renton Human Trafficking Awareness Event: Jeanette Millmann from the Planning Committee for the upcoming Human Traffic Awareness Event on June 8, 2016, and provided a brief presentation about the event that will highlight problems related to human trafficking in the Seattle area. Ms. Millmann will be returning to present the results of the event at a Council Meeting later this summer. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2015 and beyond. Items noted were: Preventative street maintenance will continue to impact traffic and result in occasional street closures. The Solid Waste Utility will host its last Eco Film presentation Thursday, March 10th at 6:30 p.m. at Carco Theater. The film, Sound and Vision, produced by People for Puget Sound, will be screened followed by a community discussion with speakers working to prevent water pollution in our region. The free event provides others an opportunity to learn what can be done to improve the quality of our waterways and help protect marine life. AUDIENCE COMMENT Beth Asher, Renton, provided an update regarding the achievements of the Renton Youth Advocacy Center (RYAC) over the past year. Additionally, she invited Council and the public to attend the RYAC Gala on April 23, 2016 at the Robert C. Roberts Campus Center at Renton Technical College. CONSENT AGENDA Items listed on the consent agenda were adopted with one motion, following the listing. At the request of Councilmember Pavone, Consent Agenda item 6.g. was pulled for separate consideration. a) Approval of Council Meeting minutes of February 22, 2016. Council Concur. b) AB - 1614 Community & Economic Development Department recommended adoption of an ordinance granting a 10 -year franchise agreement with Level 3 Communications, LLC as a purveyor of broadband telecommunication services within the City of Renton. Refer to Utilities Committee. c) AB - 1616 Community & Economic Development Department submitted 10% Notice of Intent to Annex petition for the proposed Bradley Annexation and recommended a public meeting be set on 3/21/2016 to consider the petition; 17.7 acres bordered to the south by parcel lines located near SE 146th Pl. (if extended), by parcel lines near 157th PI. SE to the east, parcel lines in proximity to SE 142rd PI. to the north, and by 154th PI. SE to the west. Council Concur. March 7, 2016 REGULAR COUNCIL MEETING MINUTES d) AB -1598 Community Services Department requested approval to waive the shelter fees in the amount of $280 for the annual REACH "CROP Out Hunger Walk" on 5/1/2016. Refer to Finance Committee. e) AB -1611 Community Services Department submitted CAG -15-082, Gene Coulon Memorial Beach Park - Concrete Tile Rehabilitation Project, contractor Road Construction Northwest; and requested acceptance of the project, and release of retainage in the amount of $28,034.03, if all required releases are obtained. Council Concur. f) AB - 1613 Human Resources / Risk Management Department recommended approval of the reclassification of a HR Manager (m30) to HR Labor Relations Classification and Compensation Manager (m36) in the Human Resources and Risk Management Department, effective immediately with an increased cost of $7,280, for 2016. Refer to Finance Committee. h) AB -1610 Transportation Systems Division recommended approval of a monthly rent increase based on the Consumer Price Index -Urban for all Airport T -hangers from $393.62 to $462, including leasehold excise tax, with an annual increased revenue of $7,400, effective 4/1/2016. Refer to Transportation (Aviation) Committee. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA MINUS ITEM 6.G. CARRIED. ITEM 6.G. - SEPERATE CONSIDERATION g) AB - 1617 Police Department recommended amending the City of Renton Index of Positions and Pay Ranges, included in the 2015-2016 Biennial Budget, by approving the new position of Police Manager (m30) and authorize the Administration to fill this position through eliminating the Police Commander position in the Staff Services Division of the Police Department. Refer to- Public Safety MOVED BY PAVONE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 6.G. AS COUNCIL CONCUR. CARRIED. UNFINISHED BUSINESS a) Council President Corman presented a Committee of the Whole report stating that the Lodging Tax Advisory Committee met on June 30, 2015, to approve a new application process for the allocation of lodging tax funding for 2016 ensuring consistency, fairness and compliance with state regulations. The Committee met again on October 9, 2015, setting a timeline for the application process and directing staff to hold a workshop for interested applicants on October 28th, 2015. Applications were due on November 20, 2015, and 19 applications were received. The Committee heard presentations from all applicants on December 4, 2015, and met on again on December 16, 2015, to finalize its recommendations. The Lodging Tax Advisory Committee recommends Renton City Council approve 2016 expenditures from the Lodging Tax Fund as follows: • Renton Technical College, Reading Apprenticeship Conference, $2,500 • Renton Technical College, Reading Apprenticeship in STEM, $2,500 • Renton Civic Theater, 2016 Season, $2,500 • Seattle International Film Festival, 2016 Renton, $20,000 • Renton Chamber of Commerce, 2016 Oktoberfest, $12,500 • City of Renton, Renton Community Marketing Campaign, $50,000 • City of Renton, Seahawks Rally, $10,000 March 7, 2016 REGULAR COUNCIL MEETING MINUTES • Renton Chamber of Commerce, Return to Renton Car Show, $5,000 • Tasveer, Seattle South Asian Film Festival, $7,000 • Olympic Peninsula Fishing Innovations, Atlantic Salmon Fly Expo, $10,000 • City of Renton, Multi -Cultural Festival, $20,000 Total Recommendation: $142,000 The Committee of the Whole recommended that council approve the above expenditures and further recommended that the allocation of $75,000 to the Renton Chamber of Commerce for the Visitor's Center be forwarded back to the Lodging Tax Advisory Committee for additional information to be brought back to the committee at a later date. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Transportation (Aviation) Committee Vice Chair Witschi presented a report recommending concurrence in the staff recommendation to accept completion of the SW 27th Street/Strander Blvd. Extension, Phase 1 Segment 2A Project and approve the final pay estimate of $230,383.90, subject to receiving the required certifications. MOVED BY WITSCHI, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. RESOLUTIONS AND ORDINANCES Ordinance for second and final reading: a) Ordinance No. 5786: An ordinance was read amending Chapter 27, Shopping Cart Regulation, of Title VI (Police Regulations) of the Renton Municipal Code, by clarifying regulations; adding definitions for 'Administrator,' 'Identification Sign,' 'Cart Sign,' and 'Impounded Cart;' delegating the requirements for shopping cart retrieval and containment plans; and adding fines for violations of this Chapter. NEW BUSINESS MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME: 7:28 P.M. March 7, 2016 REGULAR COUNCIL MEETING MINUTES Megan Gregor, CMC, Recorder Monday, March 7, 2016 Council Committee Meeting Calendar March 7, 2016 4' 3:00 PM Planning & Development Committee, Chair Prince - Council Conference Rm 1. Docket 11 briefing 2. Emerging Issues CANCELED Community Services Committee, Chair Witschi 3:00 PM Public Safety Committee, Chair Pavone - Council Conference Room 1. Emerging Issues in Public Safety 2. Fire Department Data collection Briefing 4:00 PM Finance Committee, Chair Persson - Council Conference Room 1. Vouchers 2. CROPWALK Fee Waiver Request 3. Lease Amendment with Amazing Grace School 4. Contract for Third Party Liability Administration 5. Request to Reclassify the Human Resources Manager Position 6. Meadowcrest Playground Phase 2 7. Emerging Issues in Revenue Streams 5:30 PM Committee of the Whole, Chair Corman - Conferencing Center 1. Administration Work Plan Areas of Emphasis (including homelessness & vulnerable population) 2. Risk Management Annual Report SAVE THE DATE )) 6/8/2016 { ��- "The Long Night: 7 Lives Forever Changed by the American Sex Trade ((� Sponsored by: The City of Renton, Renton r, Ecumenical Association of Churches, and -;)) F.aith.Action"Network (tic, "Th Long Nighi" gives voice and meaning to"'th`e minors who are forced and coerced into the American Sex Trade Hear -from a panel of experts including a survivor, a a prosecutor, a detective, a lobbyist, and a . 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