HomeMy WebLinkAboutAgenda Packet for 9/28/2015 �
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� CITY OF
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AGENDA '
City Council Regular Meeting
7:00 PM-Monday,September 28,2015
Council Chambers, 7th Floor, City Hall—1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE �
2. ROLL CALL I
3. PROCLAMATION
a) Diaper Awareness Week-September 28 through October 4, 2015
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4. ADMINISTRATIVE RE O
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 9/21/2015.
Council Concur
b) Administrative Services Department recommends a public hearing be set on 10/26/15 to
consider adopting the 2015/2016 Mid-biennium Budget Amendment and related
legislation.
Refer to Council Committee of the Whole;Set public hearing on 10/26/2015
c) Administrative Services Department recommends adopting the ordinance as presented to
amend the Business&Operations tax code,effective January 1, 2016. (See item 8.a.)
Council Concur
d) Community& Economic Development submits a report on the effect of the impact fees
for parks,fire and transportation that were adopted in 2012.
None; Information Only
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e) Utility Systems Division recommends approval of Addendum 5 to CAG-13-105 with Coast
& Harbor Engineering, in the amount of$286,211.72,for additional mitigation
requirements including permitting support, light study analysis, preparation of technical
reports and project management needed to implement the Cedar River Gravel Removal
Project.
Council Concur
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk(*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Utilities Committee: Request for Partial Release of Easement,Whitman Court PUD;
Request for Partial Release of Easement, Renton Center Senior Living Property
8. RESOLUTIONS AND ORDINANCES
Ordinance for first reading:
a) Amending Business and Occupation Tax Code (See item 6.c.J
Ordinance for second and final reading:
b) McLeod Franchise Agreement(First reading 9/21/2015)
c) Ordinance Amending RMC 1-3-3.A, Nuisances(First reading 9/21/2015J
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)
COUNCIL CHAMBERS
September 28, 2015
Monday, 5:30 p.m.
Downtown Revitalization/ Redevelopment Update & Discussion
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
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,, . . . M #3, a)
DenisLaw �CITY OF
' Mayor
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' . . � � � Mayor's Office
� � �oclamation � �
� 'i�Vhereas,the City of Renton recognizes that addressing diaper need can lead to e�onomic .
opportun'ity for low-income families and improved health for families and their communities; and
. `WFtereas, national surveys report that on� in three mothers experience diaper need at some tim�
when their children are less than three years old and forty-eight percent of families delay changing
diap.er.s to extend their sup'ply; and ,
`GVkerea"s, access to a reliable sup�ly of clean diapers is a necessity for the health and welfare of
infants and toddlers,their families, and chilcJ "care providers; and �
`Whereas,the average infant or toddler requires an ayerage of 50 diaper changes per week over
three years;and
� ZVFiereas, diapers cannot be bought with food stamps or WIC vouchers,which can cause eco�omic
herdship to families wishing to have a sufficient supply of diapers; and
. `i�Vkereas, a supply of diapers is generally an eligibility requirem�nt for infant and toddlers to
participate in childcare programs and early education programs;.and
�iNFiereas,fhe City of ftertton recognizes the importance of distributing diapers through various
- � channels to help provide economic stability for families; � .
Now, therefore, I, Denis Law, Mayor of the City of Renton, do hereb.y proclaim the week of
September 28 through October 4, 2015,to be
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� l�za er eed� zvareness �il�ee
p � � �
, in the City of Renton, and I encourage all-citizens to join me ih this special observance and to
generously donate�to diaper banks, diaper drives, and those organizations that distt�ibute diapers to. -
families in need in the City of Renton. , � •. �
In witness whereof; I haVe hereunto set my hand and caused the seal of
the City of Renton to be affixed this 28th day of September, 2015. � �i��� i ' ;
Denis Lpw, Mayor � � '�
�City of Renton, Washington , �
� � , „ �
Renton,Qry Hall . 1055 South Grady Way • Renton,Washington 98057 . rentonwa'.gov � .
� AGENDA ITEM #6, a)
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� CITY OF
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M I N UTES
City Council Regular Meeting
7:00 PM-Monday,September 21,2015
Council Chambers, 7th Floor,City Hall—1055 5. 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:
Ed Prince,Counci) President
Randy Corman
Armondo Pavone
Marcie Palmer
Ruth Perez
Don Persson
Greg Taylor
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington,Chief Administrative Officer
Zanetta Fontes,Senior Assistant City Attorney
Jason Seth,City Clerk
Preeti Shridhar, Deputy Public Affairs Administrator
Nancy Carlson, Human Resources &Risk Management Administrator
Terry Higashiyama,Community Services Administrator
Chip Vincent,Community&Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Commander Tracy Wilkinson, Police Department
ADMINISTRATIVE REPORT
Chief Administrative Officer 1ay 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:
• Various preventative street maintenance,traffic impact projects, and road closures will
continue to happen throughout the City.
September 21,2015 REGULAR COUNCIL MEETING MINUTES 1
AGENDA ITEM #6, a) �
AUDIENCE COMMENT
Howard McOmber(Renton)expressed appreciation to the Mayor,Council and City Staff for
volunteering and being passionate about making Renton a better place. He also presented an
invitation to the REACH "Big Tent Gala" on October 8, 2015 at 5:30 p.m. in the Renton Piazza.
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion,following the listing.
a) Approval of the 9/14/2015 Council Meeting minutes.Council Concur.
b) Community&Economic Development Department recommended adoption of an ordinance
granting a 10-year franchise agreement with McLeod USA Telecommunications Services, LLC
to provide broadband internet and telephone services in the City of Renton.Council Concur.
(See below for ordinance.J
c) Community&Economic Deve�opment Department submitted 12 proposed 2015 Title IV
(Development Regulations) Docket#11 amendments items and summaries to commence the
annual review processes. Refer to Planning&Development Committee and Planning
Commission.
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PRESENTED.CARRIED.
UNFINISHED BUSINESS
a) Public Safety Committee Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve the ordinance amending RMC 1-3-3.A, Purpose, in order to
clarify the City's intent that calls to report domestic violence,sex-related offenses,stalking,or
any person requiring or requesting needed medical attention shall not be considered a nuisance
or used against a person making such a call in a RMC 1-3-3 nuisance criminal prosecution matter.
MOVED BY PAVONE,SECONDED BY PALMER,COUNCIL CONCUR IN THE
COMMIITEE RECOMMENDATION.CARRIED.(See below for ordinance.J
b) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendation to approve a 35-year land lease of the 820 parcel to Rainier Flight Service,
LLC and the sublease of the same parcel to The Boeing Company for 3-1/2 years as amended.
MOVED BY PALMER,SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
c) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendation to adopt the Resolution to close Burnett Ave.S between S 2nd St.and S
3rd St.from October 12 through October 19, 2015 in order to repair the broken concrete in the
street crossings.
MOVED BY PALMER,SECONDED BY P�REZ,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED. (See below for resolufion.J
September 21, 2015 REGULAR COUNCIL MEETING MINUTES 2
� AGENDA ITEM #6, a)
d) Transportation Committee Chair Palmer presented a report recommending concurrence in the I
staff recommendation to execute Supplemental Agreement#3 with Perteet, Inc. in the amount
of$811,730 to provide construction management services for the Logan Avenue North (Airport
Way to North 8th Street)Improvement Project.
MOVED BY PALMER,SECONDED BY CORMAN,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
e) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendations to:
1. Approve an increase of 1,330 sq.ft.of storage space in the area leased by Landing Gear
Works, LLC in the 295 E Perimeter Rd. building;
2. Extend the term of the lease for an additional 12 months from August 31, 2016 to August 31,
2017;and
3. Authorize the Mayor and City Clerk to sign Amendment 02-15 to LAG 13-005.
MOVED BY PALMER,SECONDED BY PERE2,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
f) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendation to approve the Operating Permit and Sublease Agreement with Aviation
Training Center effective September 1, 2015 on a month-to-month basis, not to extend beyond
January 31,2026.
MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
g) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendation to amend the Renton Municipal Code 10-i1-1.8.10 reducing the speed
limit from 30 miles per hour to 25 miles per hour on Aberdeen Avenue NE between Sunset Blvd.
NE and NE 27th Street.
MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.(See below for ordinance.J
h) Finance Committee Chair Persson presented a report approving for payment on September 21,
2015 claims vouchers 340969-341335,four wire transfers and one payroll runs with benefit
witholding payments totaling$5,807,883.46 and payroll vouchers including 823 direct deposits
and 68 payroll checks totaling$1,690,862.28.
MOVED BY PERSSON,SECONDED BY TAYLOR,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
RESOLUTIONS AND ORDINANCES
Resolution:
a) Resolution No.4262-Burnett Ave.5/Renton Transit Center Street Closure:A resolution
was read authorizing the closure of a portion of Burnett Ave.5,from October 12, 2015
through October 19, 2015, between S Second St. and 5 Third St.
MOVED BY PERSSON,SECONDED BY PALMER,COUNCIL ADOPT THE RESOLUTION
AS PRESENTED.CARRIED.
September 21,2015 REGULAR COUNCIL MEETING MINUTES 3
AGENDA /TEM #6. a) '
Ordinances for first reading:
b) McLeod Franchise Agreement:An ordinance was read granting unto McLeodUSA
Telecommunications Services, 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.
MOVED BY CORMAN,SECONDED BY PALMER,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 9/28/2015.CARRIED.
c) Ordinance Amending RMC 1-3-3.A,Nuisances:An ordinance was read amending Section 1-3-
3 of Chapter 3, Remedies and Penalties, of Title I (Administrative)of the Renton Municipal
Code,clarifying the purpose and scope of Renton's chronic nuisance regulations.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 9/28/2015.CARRIED.
d) Ordinance No. 5765-Aberdeen Ave. NE Speed Limit Reduction:An ordinance was read
amending Section 10-11-1 of Chapter 11,Speed Limits,of Title X(Traffic)of the Renton
Municipal Code, reducing the speed limit on Aberdeen Ave. NE from thirty(30) miles per hour
to twenty-five(25) miles per hour.
MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING.CARRIED.
Following the second and final reading of Ordinance No. 5765, it was
MOVED BY PERSSON,SECONDED BY PALMER,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
Ordinances forsecond and final reading:
e) Ordinance No.5766-Amending Ordinance 6-1-3 and 8-1-4-Junk Vehicles:An ordinance
was read amending Sections 1-3-1, 1-3-2 and 1-3-3 of Chapter 3, Remedies and Penalties,of
Title I (Administrative),Section 6-1-3 of Chapter 1,Junk Vehicles or Abandonment of Vehicles,
of Title Vl (Police Regulations),and Section 8-1-4, Unlawful Storage, Deposit, Disposal,
Scavenging,and Hauling of Solid Waste, of Title VIII (Health and Sanitation) of the Renton
Municipal Code, by making violations of 6-1-3 and 8-1-4 Civil Infractions and correcting
associated regulations.
MOVED BY PERSSON,SECONDED BY PALMER,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
fl Ordinance No.5767-Adopt Regulations Establishing a Process for Local Licensing of
Marijuana Businesses:An ordinance was read amending Section 4-1-250 of Chapter 1,
Administration and Enforcement,of Title IV(Development Regulations)and Section 5-5-3 of
Chapter 5, Business Licenses, of Title V(Finance and Business Regulations)of the Renton
Municipal Code, establishing a process for local licensing of marijuana businesses.
MOVED BY PERSSON,SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
September 21, 2015 REGULAR COUNCIL MEETING MINUTES 4
� AGENDA ITEM #6, a)
NEW BUSINESS
See attached Council Committee meeting calendar.
MOVED BY PERSSON,SECONDED BY PALMER,COUNCIL REFER A DISCUSSION ON
MOTEL/HOTEL TAXES TO THE COMMITTEE OF THE WHOLE.CARRIED.
AUDIENCE COMMENTS
Alex Pierce(Renton) informed Council that he would be running for a Renton City Council seat
and that he does not agree with how Ordinance No. 5767 is worded.
EXECUTIVE SESSION&ADJOURNMENT '
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL RECE55 INTO EXECUTIVE
SESSION FOR APPROXIMATELY 30 MINUTES TO DISCU55 LABOR NEGOTIATIONS-
RCW 42.30.140(4)(b)AND POTENTIAL LITIGATION-RCW 42.30.110(1�(i)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 8:03 p.m.
lason A.Seth,CMC, City Clerk
Megan Gregor, Recorder
Monday,September 21, 2015
September 21, 2015 REGULAR COUNCIL MEETING MINUTES 5
AGENDA ITEM #6. a) '
Council Committee Meeting Calendar
September 21, 2015
September 22, 2015
Tuesday
CANCELED Transportation Committee, Chair Palmer
September 2$.2015
Monday
4:00 PM Planning & Development Committee,Chair Corman -Council Conference Rm
1. Docket 1 1 - CA Zone Density Regulations
CANCELED Community Services Committee, Chair Perez
5:00 PM Utilities Committee, Chair Taylor- Council Conference Room
1. Request for Partial Release of Easement, Whitman Court PUD
2. Request for Partial Release of Easement, Renton Center Senior Living Property
5:30 PM Committee of the Whole, Chair Prince - Council Chambers
1. Downtown Revitalization / Redevelopment Update and Discussion
� AGENDA /TEM #6, b)
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SUBJECT/TITIE: 2015/2016 Mid-biennium Budget Amendment
RECOMMENDED ACTION: Refer to Council Committee of the Whole
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Jamie Thomas, Fiscal Services Director
EXT.: 6929
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Expenditure Required:� ' $NjA T�ransfer Amendment: � $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: - r�;.,.:;3 ,$.�V,�A . _ .�ity Share�otal Pco�ect• ��1V�A .
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In compliance with RCW 35A.34, the proposed 2015/2016 Mid-biennium Amendment will be submitted to the
City Council and City Clerk on October 12, 2015.This agenda bill sets the time and place for public hearing on
October 26, 2015.
The following Ordinances/Resolutions will be presented as part of the public hearing process: '
1. 2016 Property Tax Levy.
2. Mid-biennium budget amendment.
3. Fee schedule(as applicable).
:
A. Budget Meeting Calendar
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Set public hearing date of October 26, 2015,to consider the proposed 2016 Property Tax Levy and proposed
2015/2016 Mid-biennium budget amendment,together with any proposed fee adjustments; with the
proposed adoption of ordinances/resolutions by November 9, 2015.
AGENDA ITEM #6, b) '
CITY OF RENTON
PRELIMINARY
2015/2016 MID-BIENNIUM BUDGET AMENDMENT
CALENDAR
Unless otherwise specified,all meetings will be held at City Hall, 1055 S.Grady Way, Renton,Washington 98057.
October 12, 2015—Committee of the Whole—6:00 u.m.
Council budget workshop:
• Proposed Mid-Biennium Adjustments(ordinance)
� Proposed Property Tax Levy(ordinance)
• Proposed Fee adjustments, if applicable(resolution)
October 26. 2015—ReAular Council Meetin�—7:00 a.m.
Public hearing: •
• Proposed 2016 Property Tax Levy
• Proposed Mid-Biennium Budget Adjustment
• Proposed Fee Adjustments, if applicable
November 2.2015—Committee of the Whole(if needed)—6:00 p.m.
Council budget workshop:
• Deliberation
• Finalize Committee Report
November 2.2015—Reaular Council Meetins—7:00 a.m.
• Committee of the Whole report adoption
• Ordinances First Reading
November 9.2015—Reaular Council Meetina—7:00 o.m.
� Ordinances Final Reading and Adoption
• Fee Schedule Resolution Adoption, if applicable
• AGENDA ITEM #6, c)
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� CITY OF
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SUBJECT/TITLE: Technical correction and clarification to the B&O tax code
RECOMMENDED ACTION: Councii Concur
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Iwen Wang,ASD Administrator
EXT.: 6858
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Expenditure Required: $N/A Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: - . b`a�N/ALL N �r:A .; . .. Crty Share Tota,t Prajec�: _ , �N�A , ,
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The City Council adopted Ordinance 5737 to implement a Business and Occupation (B&0)Tax effective
January 1, 2016. Staff is currently developing tax forms and reporting tools necessary to implement the tax.
During this process, staff identified certain technical corrections/clarifications that are advisable for the j
consistent administration of the B&O tax code. Specifically,the proposed amendments will: 1) clarify that non- �I
profit organization include all 501(c) organizations; 2) clarify certain deductions(membership due, initiation
fee, etc.)are meant for non-profit organizations only; 3) correct numbering of certain references/sections.
:
A. Draft Ordinance
� � � • �� •
Administrative Services recommends to adopt the proposed code amendment to the B&O tax code that takes
effect January 1, 2016.
AGENDA /TEM #6, c) '
CITY OF RENTON, WASHINGTON
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 5-25-2, 5-25-10, 5-25-i1 AND 5-25-12 OF CHAPTER 25, BUSINESS AND
OCCUPATION TAX CODE, OF TITLE V (FINANCE AND BUSINE55 REGULATIONS)
OF THE RENTON MUNICIPAL CODE, BY CORRECTING THE DEFINITION OF "NON-
PROFIT ORGANIZATION" AND CLARIFYING THE REGULATIONS RELATED TO
DEDUCTIONS AND CREDITS.
WHEREAS, state (aw authorizes municipalities to impose a business and occupation tax
on business activities within the City; and
WHEREAS, the Council adopted a Business and Occupation Tax Code in compliance with
RCW Chapter 35.102 and the model ordinance to take effect January 1, 2016; and
WHEREAS, the Council deems certain technical clarifications to sections 5-25-2, 5-25-10,
5-25=11, and 5-25-12 advisable for the consistent administration of the Business and
Occupation Tax Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 5-25-2.5, "Non-profit�Organization", of Chapter 25, Business
and Occupation Tax Code, of Title V(Finance and Business Regulations) of the Renton Municipal
Code, is hereby amended as follows:
S. "Non-profit organization" means a corporation or organization in which
no part of the income can be distributed to its members, directors, or officers
and that holds a current tax exempt status as provided under Internal Revenue
Code Sec. 501(c)(3�, or is specifically exempted from the requirement to apply
for tax exempt status under Internal Revenue Code Sec. 501(c){�. Where the I
1
� AGENDA ITEM #6, c)
ORDINANCE NO.
term "non-profit organization" is used, it is meant to include a non-profit
corporation.
' SECTION II. Subsections 5-25-10.AB, Health Maintenance Organization, Health Care
Service Contractor, Certified Health Plan, and 5-25-10.AC, Certain Commercial Airplane Parts, of
Chapter 25, Business and Occupation Tax Code, of Title V (Finance and Business Regulations) of
the Renton Municipal Code, are hereby relettered as follows:
�468. Health Maintenance Organization, Health Care Service Contractor,
Certified Health Plan: This chapter does not apply to any health maintenance
organization, health care service contractor, or certified health plan with respect
to premiums or prepayments that are taxable under RCW 48.14.0201.
,4CC. Certain Commercial Airplane Parts: This chapter does not apply to the
sale of certain parts to a manufacturer of a commercial airplane that are not
taxable under RCW 82.04.627(1). "Commercial airplane" has the same meaning
given in RCW 82.32.550.
SECTION III. Subsection 5-25-11.6, Fees, Dues, Charges, of Chapter 25, Business and
Occupation Tax Code, of Title V (Finance and Business Regulations) of the Renton Municipal
� Code, is hereby amended as follows:
B. Bona-Fide Initiation Fees, Dues, and Certain Charges Received bv Non-
Profit Or�anizations: In computing tax, a non-profit or�anization �e may �e
deducte�from the measure of tax amounts derived from bona-fide:
1. Initiation fees;
2. Dues;
2
AGENDA ITEM #6, c) �
ORDINANCE NO.
3. Contributions;
4. Donations;
5. Tuition fees or char�es made for operation of non-profit
kinder�artens;
6. Charges made by a non-profit trade or professional organization for
attending or occupying space at a trade show, convention, or educational
seminar sponsored by the non-profit trade or professional organization, which
trade show, convention, or educational seminar is not open to the general
public; and
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87. Endowment funds.
Except as specified in subsection A above, �this subsection shall not be
construed to exempt any non-profit or�anization, �e�se�,association, or society
from tax liability upon selling tangible personal property or upon providing
facilities or services for which a special charge is made to members or others. If
dues are in exchange for any significant amount of goods or services rendered by
the recipient to members without any additional charge to the member, or if the
dues are graduated upon the amount of goods or services rendered, the value of
such goods or services shall not be considered as a deduction under this
subsection.
3
� AGENDA ITEM #6, c)
ORDINANCE NO.
SECTION IV. Subsection 5-25-12.E, of section 5-25-12, New Business Tax Credit, of
Chapter 25, Business and Occupation Tax Code, of Title V (Finance and Business Regulations) of
the Renton Municipal Code, is hereby amended as follows:
E. This credit is not considered a payment of taxes for purposes of seeking a
refund of overpayment of tax pursuant to the provisions ��o �,�-'�t contained in
RMC Chapter 5-26, Tax Administrative Code. or any other purpose. As such,
, unused credit amounts witl not be refunded, carried over from reporting
period(s)to reporting period(s), and will not accrue interest.
SECTION V. This ordinance shall be effective on January 1, 2016.
PASSED BY THE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J.Warren, City Attorney
Date of Publication:
ORD:1880:9/10/15:scr
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� AGENDA ITEM #6, d)
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CITY OF
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SUBJECT/TITLE: Report on Impact Fee Deferrai
RECOMMENDED ACTION: None; Information Only
DEPARTMENT: Community& Economic Development
STAFF CONTACT: Chip Vincent, CED Administrator
EXT.: 6588
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Expenditure Required: $,NjA TransferAmendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
I� Totat P,roject Bud et• �I/,� ; City Sha e Tota1. r ject: $N//� , , n
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. � • ' •
>�.
Impact fees for parks,fire, and transportation were adopted in 2012. As per Ordinance 5670, adopted in 2012,
the Community and Economic Development Administrator is required to report to Council on a provision that
v I r b reducin "car in
allows the fees to be paid closer to the time of sale or occupancy to assist de e ope s y g ry g
costs" during construction. Per the RMC 4-1-190 Impact Fees, "the Administrator shall report to the Council on
the effect of subsections G6 and 7 of this Section, as they exist or may be amended. The report shall include
information on the number of applications for deferral, the length of time of deferral, the amount of fees
deferred, the number of fees and amount not paid as required, and any adverse impacts to the ability of the
City to construct projects made necessary by new development. The report shall also include recommendations
for changes to address deficiencies."
Below is the report on impact fee deferral:
• Only one project has utili2ed impact fee deferral. That project is Altitude Apartments, with 117 multi-
family units and 4,000 square feet office.
• The fees were deferred 18 months, complying with the provision allowing deferral 18 months from
building permit issuance.
• $305,515.57 was the amount of the fees.
• All three fees,Transportation, Fire, and Parks were deferred and all were paid in full.
• There were no adverse impacts to the ability of the City to construct projects made necessary by new
development.
:
A. Summary
� ' � �� •
None.
.
A GENDA I TEM #6, d) �
IMPACT FEE DEFERRAL
Impact Fees:
• Impact fees were adopted in late 2012, but didn't increase until 2014. With that increase,the
City began phasing in increases by 1/3 each year until the last phase will be effective January 1,
2016.
• The fees can only be expended to contribute to costs of new physical improvements(fire stations
and trucks, park land and improvements,and streets and sidewalks), not administrative,
operating,or maintenance costs.
• Fees are paid one-time for new construction only and are an important financial tool that helps
the City keep its infrastructure in pace with new development,while not compounding
deficiencies and reducing the City's overall levels of service.
• Without impact fees,the City:
• Would not be able to provide adequate infrastructure to support the demands of new
development; or
• Be forced to raise revenue by raising more generalized taxes.
Impact Fee Deferral:
• There is an option to pay fees closer to the time of sale or occupancy to assist developers by
reducing"carrying costs"during construction.The functionality and impacts of this deferral
option are to be reviewed by Council.
• Per the RMC 4-1-190 Impact Fees, "the Administrator shall report to the Council on the effect of
subsections G6 and 7 of this Section, as they exist or may be amended. The report shall include
information on the number of applications for deferral, the length of time of deferral, the
amount of fees deferred, the number of fees and amount not paid as required, and any adverse
impacts to the ability of the City to construct projects made necessary by new development. The
report shall also include recommendations for changes to address deficiencies identified in the
report."
Report on Deferred Fees
• Only one project has utilized impact fee deferral. That project is Altitude Apartments,with 117
multi-family units and 4,000 square feet office.
• The fees were deferred 18 months,complying with the provision allowing deferral 18 months
from building permit issuance.
� $305,515.57 was the amount of the fees.
• All three fees,Transportation, Fire, and Parks were deferred and all were paid in full.
• There were no adverse impacts to the ability of the City to construct projects made necessary by
new development.
• Staff has no recommendations for changes to address deficiencies identified in the report.
� AGENDA ITEM #6, e)
� ��CtTY OF
�r1tC�r1 �
. . . . : .. .
SUBJECT/TITLE: Addendum 5 to CAG-13-105 with Coast& Harbor Engineering for the
' Cedar River Gravel Removal Project
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Manager
EXT.: 7248
. . .
, -,�..�.::.............. , : .. .. , �.. .:. . ...,. _
Expenditure Required: $�86,211.72 Transfer Amendment: $ N/A
Amount Budgeted: $ 4,267,939 Revenue Generated: $ N/A
,.
Total Pro'ect Bud et: $4,267,9�� " City,ShareTatal,��s��je�t:, . �.N/A
.1 g . . z _ .. .. _.
� � • � �
The purpose of the Cedar River Gravel Removal Project is to perform maintenance dredging to reduce flood
risks to private, public and commercial properties.This project includes removing river sediments settled in
the channel approximately 4 feet deep; repairing unstable banks developed since the last dredging;
replanting; exporting sediments offsite and removing invasive vegetation in areas adjacent to the levee and
floodwall. Additional mitigation is necessary for the completion of the project, including the completion of a
lighting study; improvements to the Elliot Channel; two years of sediment survey monitoring and continue to
complete spawner reports for the spawning channels.
Addendum 5 to CAG-13-105 is for the additional mitigation requirements including permitting support, light
study analysis, preparation of technical reports and project management.This addendum also includes budget
for additional general regulatory permitting support and updates to the mitigation plan submitted to the
regulatory agencies in 2014.
The Cedar River Gravel Removal Project (including design, project management, and construction costs) will
be 100%funded by the King County Flood Control District's (KCFCD) Capital Improvement Project budget
($4,267,939) by agreement CAG-13-009.The remaining project budget is for City project management and
construction costs.
The King County Flood Control District staff has reviewed and supports this additional work.The Surface
Water Utility will work with the KCFCD to update the overall project cost estimate and determine if any future
budget adjustment is needed, prior to construction.
:
A. Issue Paper
B.Addendum 5
, � � • � � •
AGENDA 1TEM #6. e � I
)
Execute Addendum 5 to CAG-13-105 with Coast & Harbor Engineering for additional mitigation requirements II
including permitting support, light study analysis, preparation of technical reports and project management
needed to implement the Cedar River Gravel Removal Project in the amount of$286,211.72.
� AGENDA ITEM #6, e)
PUBLIC WORKS DEPARTMENT
° ���O� '�
M E M O R A N D U M
DATE: September 18, 2015
T0: Ed Prince, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman,Administrator
STAFF CONTACT: Ron Straka, Surface Water Utility Manager, ext. 7248
Hebe Bernardo, Surface Water Utility Engineer, ext. 7264
SUBJECT: Addendum 5 to CAG-13-105 with Coast& Harbor Engineering
for the Cedar River Gravel Removal Project
ISSUE:
Should Council approve Addendum 5 to CAG-13-105 with Coast & Harbor Engineering
for additional mitigation requirements including permitting support, light study analysis,
preparation of technical reports and project management needed to implement the
Cedar River Gravel Removal Project in the amount of$286,211.72?
RECOMMENDATtON:
Execute Addendum 5 to CAG-13-105 with Coast& Harbor Engineering for additional
mitigation requirements including permitting support, light study analysis, preparation
of technical reports and project management needed to implement the Cedar River
Gravel Removal Project in the amount of$286,211.72.
BACKGROUND:
The purpose of the Cedar River Gravel Removal Project is to perform maintenance
dredging of up to 150,000 cubic yards of gravel from the mouth of the Cedar River (river
mile 0)to the Williams Street Bridge (river mile 1.25) in order to reduce flood risks to
private, public and commercial properties in the lower Cedar River. This project,
includes removing river sediments settled in the channel approximately 4 feet deep;
repairing unstable banks developed since the last dredging; replanting near the ordinary
high water line for disturbed areas; exporting sediments offsite and removing invasive
vegetation in areas adjacent to the levee and floodwall. The project will also include a
mitigation element to be determined during the permitting process.
This project is part of the City's maintenance obligations to maintain the flood
protection benefits as required by the Project Cooperation Agreement for the United
AGENDA ITEM #6. e) �
Mr.Prince,Council President
Page 2 of 3
September 18,2015
States Army Corps of Engineers (USACE) Cedar River Section 205 Flood Hazard
Reduction Project (205 Project). The 205 Project is a federally authorized project
originally designed, permitted and constructed by the USACE Seattle District with the
City of Renton as the local project sponsor that included initial dredging of the lower
1.25 miles of the Cedar River, construction of levees and floodwalls and mitigation. The
initial dredging was completed in 1998 and the levees and floodwall construction were
completed in 2000. Due to the annual sediment accumulation in the 205 Project reach,
the lower Cedar River is approaching the maximum allowable bed elevation that
represents the highest allowable river bed elevation prior to dredging as indicated in the
205 Project Operations and Maintenance (0&M) Manual. Compliance with the 0&M
Manual is part of the terms and conditions of the executed Project Cooperation
Agreement dated May 9, 1998, between USACE and the City.
The original consultant agreement with Coast& Harbor Engineering was developed
prior to fully understanding the extent of compensatory mitigation that may be required
for the Cedar River Gravel Removal Project. The mitigation completed during the
original Cedar River Section 205 Flood Hazard Reduction Project addressed impacts from
the project including cyclical maintenance dredging, so additional mitigation
requirements were not expected. Through the public notice during the permitting
process, additional mitigation for the project was requested by the Muckleshoot Indian
Tribe and the Washington Department of Fish and Wildlife. Additional mitigation
required to be provided for project construction included:
• The completion of a lighting study and implementation of the recommendations
included in the report.
• Improvements to the Elliot Channel to improve hydraulic connectivity between
the Elliot Channel and the main channel.
• Two continuous years of sediment survey monitoring.
• Continue to complete spawner reports for the spawning channels.
This addendum also includes budget for additional general regulatory permitting
support and updates to the mitigation plan submitted to the regulatory agencies in
2014. Additional tasks include stakeholder meetings with regulatory agencies and
project management.
Deliverable reports to be provided by the consultant include:
• Final mitigation plan.
• Sediment survey report.
• Spawning activity report in the Elliot Channel and Spawning Replacement Side
Channel.
• Light study analysis and report of recommendations.
• Elliot Spawning Channel Intake Design.
• Scour monitoring report.
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3634 Cedar River Maintenance
Dredge\1100 DES�GN CONTRACT�Addendum 5\2015-09-i1_CHE_Issue_Paper.doc\HCBtp
- AGENDA ITEM #6, e)
Mr.Prince,Council President
Page 3 of 3
September 18,2015
This addendum will provide the necessary engineering, planning, and environmental
permitting assistance necessary to implement the maintenance dredging project.
Expected challenges for this project include: obtaining numerous state and federal
permits with permitting of the maintenance dredging requiring consideration of
mitigation of impacts to endangered species not originally mitigated for within the
original 205 Project Environmental Impact Statement; constructing within short fisheries
allowable timelines and working in close proximity to commercial, residentia�, airport
and park properties.
The Cedar River Gravel Removal Project (427.475193) including design, project
management, and construction costs will be 100%funded by the King County Flood
Control District's Capital Improvement Project budget($4,267,939) by our agreement
CAG 13-009 for the project. The remaining project budget is for City project
management and construction costs.
The King County Flood Control District staff has reviewed and supports this additional
work and is aware that additional funding might be needed for construction and
' mitigation costs. The Surface Water Utility will work with the KCFCD to update the
overall project cost estimate and determine if any future budget adjustment is needed,
prior to construction.
CONCLUSION:
The Cedar River Gravel Removal Project will maintain flood protection benefits to
private, pubic and commercial properties in the lower Cedar River. The Surface Water
Utility recommends the execution of Addendum 5 to CAG-13-105 with Coast& Harbor
Engineering for the additional mitigation requirements of the Cedar River Gravel
Removal Project.
cc: Lys Hornsby,Utility Systems Director
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3634 Cedar River Maintenance
Dredge\1100 DESI�N CONTRACT�Addendum 5\2015-09-11_CHE_Issue_Paper.doc\HCBtp
AGENDA ITEM #6, e) �
FORM: AQD-2010
ADDENDUM NO. 5
ENGINEERING CONSULTANTAGREEMENT
FOR PROFESSIONAL SERVICES
for
Cedar River Maintenance Dredge Project, CAG-13-105
This Addendum is made and entered into this day of by and between the City
of Renton, hereinafter called the "City", and Coast and Harbor Engineering, whose address is, 110
lames Street, Suite 101, Edmonds, WA 98020, hereinafter called the "Consultant".
WITNE55ETH THAT:
WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement
CAG-13-105, dated May 17, 2013, to provide engineering services necessary for the Cedar River
Maintenance Dredge Project; and
WHEREAS,the City desires to complete the work associated with the Cedar River Maintenance
Dredge Project, and the City does not have sufficient qualified engineering employees to perform the
work within a reasonable time; and
WHEREAS, the City and consultant have determined that additional services are required to complete
the work items listed in Exhibit A Scope of Services under the original contract CAG-13-105, dated
May 17, 2013;
NOW,THEREFORE, in accordance with Settion VIII Extra Work of the Master Agreement CAG-13-105,
dated May 17, 2013, it is mutually agreed upon that Engineering Consultant Agreement CAG-13-105,
is amended to include the work and associated budget as follows:
1. The Scope of Work (Section I of the Master Agreement CAG-13-105) is modified to include the
additional services on the attached Exhibit A.
2. The Payment (Section VI of the Master Agreement CAG-13-105) is modified to include payment
for the additional work items defined in Exhibit A. The revised contract total payable for work on
this contract addendum is increased from $1,250,330.69 to$1,536,542.41, making a diffe�ence of
$286,211.72. The maximum amount payable for the additional work items defined in Exhibit C of
this contract addendum is $286,211.72 without prior authorization from the City.
3. The Time of Completion (Section V of the Master Agreement CAG-13-105)for the above
referenced contract is extended until December 31, 2016.
All other provisions of Consuitant Agreement CAG-13-105 dated May 17, 2013, shall apply to this
addendum.
� AGENDA ITEM #6, e)
EXECUTION
IN WITNESS WHEREOF,the parties have executed this Addendum No. 5 to ENGINEERING
CONSULTANT AGREEMENT CAG-13-105 as of the day and year first above written.
CON5lJLTANT CITY OF RENTON
� / ,' _ , _ / ti
. -Signature -� � Date� Mayor Date
' � ' . - _' , ". , ' - -� ATTEST:
Type or Print Name
/` ,.� .. � , ._
Title � Jason A. Seth, City Clerk
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projeds(CIP)\27-3634 Cedar River Maintenance Dredge\1100
DE51GN CONTRACT\Addendum4\ADDENDUM4-2015.doc\HCBtp �
AGENDA ITEM #6, e) �
Exhibit A
New Work—Task 4.9 Elliot Channel Engineering, Project Site Monitoring& Regulatory Process
Support Services
The work in this addendum includes the following additional scope and budget required to assist the
City with regulatory permitting (updating of previausly completed deliverables based on comments
and agreements provided by regulatory agencies on proposed mitigation features}, new channel
sediment survey work for 2015, new channel spawning survey work for 2015, additional lighting
study work (as requested by regulatory agencies for mitigation plan), engineering analysis and design
of the proposed Elliot Channel mitigation site improvements, 2015 cedar river scour monitoring and a
contingent task to cover additional work in the event out of scope work items are determined to be
needed.
• Task 4.9.1—Meetings, Mitigation Plan, Permit Document Updates (Additional Work)
o The purpose of this task is to assist the City with updating the submitted mitigation
plan, biological assessment,JARPA plans to incorporate input and comments received
from the regulatory agencies(MIT, Corps, WDFW). The task also includes stakeholder
meetings (regulatory agencies), additional internal meetings, project management,
and general regulatory support for the extending time period af permitting process.
o Deliverables: Final mitigation plan
o Budget= $57,311.78
• Task 4.9.2—Sediment Survey(New Task)
o Conduct monitoring of the lower Cedar River in accordance with previous years
monitoring work which was conducted under a different contract. Monitoring work
will consist of channel cross section surveys, bank stability assessment, channel
morphology evaluation, updating of the existing HEC-RAS model for determining flood
elevations based on current bed levels, and sediment analysis (volumes and profile
assessment). Details of the sediment survey are included in the NHC Sediment Survey
summary spreadsheet.
o Deliverables
• A summary report will be developed and submitted to the City for review p.rior
to finalization.
o Budget= $30,388.08
• Task 4.9.3 —Elliot Spawning and Replacement Side-Channel Surveys (New Task)
o Integrated Resources to complete weekly spawner surveys. Complete weekly spawner
surveys as flow and visibility allow, and record number and location of redds, and
number of live sockeye and any other satmon observed. We will provide a written
report summarizing spawning activity in the Elliot Rearing/Spawning and Replacement
5ide-Channels by January 31, 2016, and the report will include an interpretation of the
data using the Area-Under-the-Curve (AUC) method.
o Deliverables
H:\File Sys\SWP-Surface Water Projects\SWP-27-5urface Water ProjeCts(CIP)\273634 Cedar River Maintenance Dredge�1100
DESIGN CONTRACT�Addendum 5\ADENDUMS-2015.doc\HCBtp
� AGENDA ITEM #6, e)
• Written report using AUC method summarizing spawning activity in the Elliot
Rearing/Spawning and Replacement Side-Channels by January 31, 2016
o Budget=$9,681.96
• Task 4.9.4—Additional Light Study Analysis (Additional Work)
, o Stantec Candela will need one additional meeting with Boeing, and one additional
person for site visits due to a required 200' zone on each side of the river.
o Budget=$2,388.46
• Task 4.9.5—Elliot Spawning Channel Intake Modification Qesign (New Task)
o The purpose of this task is to provide concept refinement, which is a continuation of
the work conducted under Addendum No. 4 which concluded improvements needed
to be irnpleme�ted to improve functionality but re uired additional en ineerin
q g g
analysis to determine a preferred concept and to assist with engineering design.
Additional details of the work are described in NHC scope "Elliot Spawning Channel
Intake Design" is included in this task; CHE will take the lead on PS&E, with support
proved by NHC. Work include hydraulic analysis for refinement of design concept,
development of 30% design for JARPA plans, and final design with submittals at 70, 95
and lOQ%progress submittals. Final design will include plans, special provisions and
construction cost estimates. One in-person and a teleconference meeting are
included. Assistance with permitting consists of submitting updated information with
mitigation plan; a separate permit process is assumed to not be required.
o Deliverables:
■ Conceptual design process and data
' ■ HecRas model input and output files
■ Draft and final background reports
■ Detailed plans, specifications; and cost estimates corresponding to60%, 90%
and 100%submittals. Bid package will be prepared and bid support will be
provided.
o Budget= $125,562.16
• Task 4.9.6—Contingency (Newj
o This task will cover additional regulatory permit support or engineering design needed
for the permit and design phase of the work if determined additional work is needed
that is not currently scoped in this amendment or the existing scope of work. All work
�, will require prior authorization from the City before initiating any work under this
scope.
o Budget= $25,000.00
• Task 4.9.7— Cedar River Scour Monitoring (New)
o Conduct 2015 baseline channel scour monitoring equipment installation, bathymetric
surveying, bed material sampling, equipment retrieval and reporting. Details of the
work are described in NHC "2015 Cedar River Scour Monitoring" scope.
H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3634 Cedar River Maintenance Oredge\1100
DESIGN CONTRAC7�Addendum 5\ADENOUMS-2015.doc\HCBtp
AGENDA /TEM #6. e �
)
o Deliverables I
■ Report with plots of the 2015 sediment survey compared with 2014
■ Results and discussion of sediment analysis
■ Discussion of Erasion
■ Map and discussion of Erosion
■ South Boeing Bridge stage analysis and memo
■ Results from HEC-RES madel, including plats af the 10p-year water levels and
discussion of the remaining freeboard along the flood contral projeds and
ather flooding concerns.
o Budget= $35,879.28
TC7TAl BUDGET= $2$6,211.72
H:\Fiie Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP}\2�-3634 Cedar River Maintenance Oredge\1300
dESIGN CONTRAtT\Addendum S�ADENDUMS-201S.dOt�HCBtp
AGENDA ITEM # 8, a) �
CiTY C}F RENTUN,WASHINGTON ,
ORDiNANCE NO.
AN OROINANCE OF THE CITY OF RENTfJN, WASHINGTON, AMENDING j
SECTIf3N5 5-25-2, 5-25-10,5-25-11 AND 5-25-12 tJF CHAPTER 25, BUSINESS AND
OCCUPATION TAX CODE, OF TiTLE V jFINANCE AND BUSINESS REGUU4TM4N5)
OF THE RENTQN I'VIUNICIPAL CODE, BY CORRECTING THE DEFINITION OF "NON-
PROFiT ORGANI2ATION" AND CtARIFYtNG THE REGULATIONS RELATED TO
DEDUCTIONS AND CREDITS.
WHEREAS, state law authorizes municipalities to impose a business and occupation tax
on business activities within the City;and
WHEREAS,the Council adopted a Business and Occupafiion 7ax Code in compliance with
RCW Chapter 35.102 and the mode!ordinance to take effect January 1, 2416; and
WHEREAS, the Cauncil deems certain technical clari�cations to sections 5-25-2, 5-25-1Q,
I 5-25-11, and 5-25-12 advisable far the cansistent administration of the Business and
IOccupatian Tax Code;
NQW, THEREFQRE, THE CITY CC}UNCIL OF THE CITY OF RENTON, WASNIfUGTQN, DOE5
C}RDAIN AS FOLIOWS.
� SECTION i. Subsection 5-25-2.5, "Nan-pro�t Qrganization°, of Chapter 25, Business
I
and accupation Tax Code, of Title V(Finance and Business Regulations}of the Rentan Municipal
� Code, is hereby amended as follows: �
S. "Non-profit or�anization" means a corporation or organization in which
no part af the income can be distributed fio its members, directors, or officers
� and that holds a current tax exempt status as provided under Internal Revenue
C
� Code Sec. 501(c){�, or is specifically exempted from the requirement to apply
�
for tax exempt s#atus under Internal Revenue Code Sec. 501�cl�3}. Where the
1
AGENDA ITEM # 8. a) "
ORDINANCE N0.
term "non-profit organization" is used, it is meant to include a non-profit
corporation.
SECTION II. Subsections 5-25-10.A8, Health Maintenance Organization, Health Care
Service Contractor, Certified Health Plan, and 5-25-10.AC, Certain Commercial Airplane Parts, of
Chapter 25, Business and Occupation Tax Code, of Title V (Finance and Business Regulations) of
the Renton Municipal Code, are hereby relettered as follows:
ABB. Health Maintenance Organization, Health Care Service Contractor,
Certified Health Plan: This chapter does not apply to any health maintenance
organization, health care service contractor, or certified health plan with respect
to premiums or prepayments that are taxable under RCW 48.14.0201.
ACC. Certain Commercial Airplane Parts: This chapter does not apply to the
sale of certain parts to a manufacturer af a commercial airplane that are not
taxable under RCW 82.04.627(1). "Commercial airplane" has the same meaning
given in RCW 82.32.550.
SECTION III. Subsection 5-25-11.6, Fees, Dues, Charges, of Chapter 25, Business and
Occupation Tax Code, of Title V (Finance and Business Regulations) of the Renton Municipal
Code, is hereby amended as follows:
B. Bona-Fide Initiation Fees, Dues, and Certain Charges Received bv Non-
Profit Oraanizations: In computing tax, a non-profit or�anization �e may be
deducted from the measure of tax amounts derived from bona-fide:
1. Initiation fees;
2. Dues;
2
� AGENDA 1TEM # 8. a)
ORDINANCE NO.
3. Contributions;
4. Donations;
5. Tuition fees or charges made for operation of non-profit
kinder�artens;
or rofessional or anization for
6. Char es made by a non-profit trade p g
g
attending or occupying space at a trade show, convention, or educational
seminar sponsored by the non-profit trade or professional organization, which
trade show, convention, or educational seminar is not open to the general
public; and
. a::':�..�; �"!�
87. Endowment funds.
Except as snecified in subsection A above. �this subsection shall not be
construed to exempt any non-profit or�anization, pe�se�association, or society
from tax liability upon selling tangible personal property or upon providing
facilities or services for which a special charge is made to members or others. If
dues are in exchange for any significant amount of goods or services rendered by
the recipient to members without any additional charge to the member, or if the
dues are graduated upon the amount of goods or services rendered, the value of
such goods or services shall not be considered as a deduction under this
subsection.
3
AGENDA ITEM # 8, a) "
ORDINANCE N0. I
SECTION IV. Subsection 5-25-12.E, of section 5-25-12, New Business Tax Credit, of
Chapter 25, Business and Occupation Tax Code, of Title V (Finance and Business Regulations) of
the Renton Municipal Code, is hereby amended as follows:
E. This credit is not considered a payment of taxes for purposes of seeking a
refund of overpayment of tax pursuant to the provisions e.`� '_� �4 contained in
RMC Chapter 5-26, Tax Administrative Code, or any other purpose. As such,
unused credit amounts will not be refunded, carried over from reporting
period(s)to reporting period(s), and will not accrue interest.
SECTION V. This ordinance shall be effective on January 1, 2016.
PASSED BY TNE CITY COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1880:9/10/15:scr
4
� # .
AGENDA I TEM 8 b)
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
MtLEODUSA TELECOMMUNICATIONS SERVICES, LLC, AUTHORIZED 70 DO
BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS
AND ASStGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL
COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER, ALONG, OVER, BELOW,THROUGH AND ACRO55 THE
STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHlN 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
AGENDA ITEM # 8. b) "
ORDINANCE N0.
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys'
fees.
1.4 �: Means calendar day(s) unless otherwise specified.
1.5 Facilitv 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.
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ORDINANCE N0.
1.8 Franchisee: Means McLeodUSA Telecommunications Services, 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 1TEM # 8, b) �
ORDINANCE NO.
Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW
Chapte� 80.36 (Telecommunications), WAC Chapter 4$0-120, 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 McLeodUSA Telecommunications Services,
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 Wavs: 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 ag�eements
� — Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.14 Ri�hts-of-Wav: 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
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� AGENDA ITEM # 8, b)
ORDINANCE N0.
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480-80. (WAC 480-120-026 (Tariffs)).
1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecammunication
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 Authoritv: 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 Liabilitv: 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
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AGENDA ITEM # 8. b)
ORDINANCE NO.
franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or
affect its jurisdiction over them or any part of them, and Renton retains absolute authority to
make all changes, relocations, repairs, maintenance, establishments, improvements,
dedications or vacations of same as 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 t�anspo�tation — 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, an lowa 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 desc�ibed in Attachment 1 which is attached and fully incarporated by reference
6
� AGENDA ITEM # 8, 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 zaning 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
i Area includin cit -owned or
an rivile e to install or use any Facilities outside the Franch se , g y
Yp g
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 excess space within the Franchise Area.
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.$60).
3.5 Acknowled�ement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
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AGENDA ITEM # 8, b) �
ORDINANCE NO.
believes that the same are consistent with ail 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 Existin� Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton, which are under the legal control of 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 af 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 Len�th 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 (10j years, unless it is
terminated pursuant to Section XIII, Termination, Violations, and Remedies. At any time not
8
, AGENDA ITEM # 8. b)
ORDINANCE N0.
mare than two (2) years nor less than one-hundred and eighty(18�) days befare the expiration
of the Franchise Term, Franchisee may make a written request antf Renton may consider, at its
sole discretion, renewing this Franchise for an additianal five (5j year renewal period, unless
either party expresses its intentian in writ'rng to terminate this Franchise at the conciusion of
the ten (14j year term.
4.2 Extension uqon Exqiration: if the Parties faii 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 Franchi5e is renewed,terminated or extended.
5ECTION V: Recovery of Costs I
5.1. Administrative Fee: Pursuan# to RCW 35.21.86011�(b), Rentan may charge I
Franchlsee an administrative fee to recover all actual administrative expenses incurred by I
Renton that are directly related to receiving and approving a permit, license and this Franchise, I
to inspect plans and cQns#ruction, or far the preparation of a detailed siatement pursuant ta
SEPA {RCW Chapte� 43.21C). Where Renton incurs actual administrative expenses, including '
but not lim�ted to fees, expenses, and/ or costs for attarneys, consultants, staff ar�d the City
Attorney aeparCment, for review or inspection of activi#ies undertaken through #he authority
granted in this franchise, �r�anchisee shall pay such expenses directiy ta Renton. Renton sha11
pravide Franchisee with an itemized invoice identifying the administrative expenses incurred.
Renton employee time shall be calculated based on their rate af salary, including applicable
avertime, benefits and reasonabie overhead, and all ather costs will be bill based on an actua!
cost basis.
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AGENDA ITEM # 8, b) �
ORDINANCE N0.
5.2. Utilitv 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 natura) 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. Emer�encv 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 a11 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 Assi�nment: 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
10
� AGENDA I TEM # 8, b)
ORDINANCE N0.
Council of Renton by passage of an ordinance or resolution. The City Council shall not delay or
withhold written consent, ordinance, or resolution without just cause. Such consent shall not
waive an of Renton's ri hts to subse uentl enforce Franchise related non-
be deemed to y g q Y
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
i Franchise than the ri hts of
i e and no transferee will have an reater ri hts under th s g
Franch s , Y� g
Franchisee. For the purposes of this section, a merger or corporate reorganization of any entity
controlling, controlled by or under common control with Franchisee shall not be deemed a
transfer or assignment.
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
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AGENDA ITEM # 8. b) �
ORDINANCE NO.
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
7.2. Incorporation of RMC 5-19. Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
7.3. Le�itimate 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 Sqecific 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.
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ORDINANCE NO.
8.2 Renton's Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton's use of the Franchise Area, consistent with this Franchise; or Renton's
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits, Construction and Restoration
9.1 Free Passa�e 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 Apqlication Reauired: Except in the event of an emergency, Franchisee i
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, const�uction, installation, backfill, erection of temporary structures and facifities,
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
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AGENDA /TEM # 8, b) "
ORDINANCE NO.
or delayed after submission of a complete application. Franchisee shall further inform Renton
of any time or date that Franchisee is performing Work within the Franchise Area to allow
Renton to inspect such work.Borin� Required: Work involving undergrounding of Franchisee's
facilities within city streets shall be accomplished through boring rather than open trenching
whenever reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain
lines on the 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.
9.3 Facilitv Placement: The Parties intend that the 5pecific location of Facilities
within the Franchise Area (and similar facility-related matters of a specific nature requiring
detailed case-by-case anaiysis) is to be determined in accordance with applicable Laws
(including, without limitation, rights of appeal).
9.4 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 # 8, b)
ORDINANCE N0.
expenses resulting from that necessary action. Th'rs provisian shall survive the expiration,
revocation or termination of this Franchise for a period of five (Sj years.
9.5 Limits on Construction; No park, public square, golf caurse, street Righ#s-of-Way
or public place af like nature shail be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent al�ernative. The determination of there being a substantiaily
equivalent alternative shall be at the sole determination of Renton.
9.6 Bond Requirement: Befare 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 �ranchisee and a corporate surety
� authorized to operate a surety business in the State of Washingtan, in such sum as may be set
and appraved by Rentan as sufficient to ensure performance of Eranchisee's obligations uncler
this Franchise. Franchisee shali past a Ferfarmance Bond in the amount af twenty-five
thausand doliars {$25,000} that shall remain in effect for the term af#his Franchise. The bond
I sha11 be conditioned so that Franchisee shall observe ail the covenants, terms and canditions
I
and shali faithfully perfarm a11 of the obligations of this Franchise, and ta repair ar replace any
defective work ar materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee's abiiga#ions uncier the Franchise, inciuding, but not iimited to,
Franchisee's payment of any penalties, claims, liens, or fees due Ren#on that arise by reason of
the operation, construction, or maintenance of the Facifities 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 praject, Franchisee shall post any additional bonds required to
15
AGENDA ITEM # 8. 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.
9.7 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, and
be warranted for at least two (2� years. Franchisee's activities (including work done at
Franchisee's direction or on its behalf) shall not damage or interference 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.
9.8 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.
9.9 Dama�e Durins Work: !n 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
16
�
� AGENDA I TEM # 8, b)
' ORDINANCE NO.
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must
repair the damage. In the event Franchisee does not make the repair as required in this section,
Renton may repair the damage,to its satisfaction, at Franchisee's sole expense.
9.10 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.
9.11 Restoration Reauirements: 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 confarm
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.
Rentan 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.
9.12 Survev 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 I TEM # 8, b) �
ORDINANCE N0.
by Franchisee, in accordance with WAC 332-12p (Survey Monuments — Removal or
Destruction), and other applicable laws.
9.13 Failure to Restore: If it is deterrnined 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, ar 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.
9.14 Separate Permit Aqproval 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 promate 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 # 8, b) �
ORDINANCE NO. I
caused by any construction de(ays to Renton ar to any contractor working for Rentan due to j
Franchisee's failure to submit and adhere to Franchisee's plans and schedule in reiacating or �I
instailing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shail, at
Renton's request, a(so attend construction meetings pertaining to performance of Wark 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 excavatians to be made
within the Franchise Area, the Party causing such excavation ta be made shall afford #he other, '
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: {a� such jaint use shal! not unreasonably delay the work of the Party causing the
excavatian to be made; and (b)such joint use shall be arranged and accornplished on terms and
conditians satisfactory to both Parties.
� 14.3 Joint Use Policies: Cancerning the Franchise Area, during tMe Franchise Term,
Rentan may adopt policies which encaurage jofnt use of utility facilities within the Franchise
I
Area. Franchisee shall cooperate with Renton and explore oppartunities for joint use of the
Franchise Area utility facilities that are cansistent with appiicable taws and prudent util'rty
practices.
SECTION XI: Hazardaus Materiais
11.1 Written Approval Reauired; In maintainin� its Facilities tincluding, without
limitatian, vegetation management activitiesj, Franchisee shail not appiy any Hazardous
Substance, pesticide, herbicide, or other hazardous rnaterial within the Franchise Area withaut
prior written approval of Renton. Renton will not unreasanably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Rentan. If
19
AGENDA ITEM # 8, b) �
ORDINANCE NO.
Franchisee shall fi�st 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 F�anchisee to obtain Renton's approval on each occasion such product is applied
in acco�dance 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 (24j 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 om+ssions, 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 # 8, b�
ORDINANCE N0.
related to enviranmental mitigatian requiremen#s impased, by operatian of applicable Laws or
otherwise.
S£CTIt3N Xil: Emergency Work- Permit Waiver
I
12.1 Prompt Resoonse Required: in the event of any emergency invalving damaged �
Franchisee Facilities located in or under the Franchise Rrea, or if Franchisee's Facilities within �
I
the Franchise Area pose an immediately endanger the praperty, life, hea(th or safety of any j
�
individual, Franchisee shall, upon receipt af notification from Renton of the existence of such �
condition, immediately take those actions as are necessary to correct the dangerous condition. I
12.2 Permit Deferred: If an emergency occurs that requires Franchisee's immediate
action for the protection of Facilities, Renton's property o�any individuaPs praperty, life, health
or safety, Franchisee may act immediately to correct the dangeraus condition without �rst
' obtaining any required permit so (ong as: (1) Franchisee notifies the Renton Fire & Emergency
' Services Department thraugh the dispatch system ofthe emergency; and �2} Franchisee informs
I Renton's permitting authority af the nature, location, and extent of the emergency, and the
work ta be �erformed, prior to commencing the wark if such notification is practical, or uvhere
I such prior notification is not prackical, Franchisee shall notify Renton's permitting authority an
�
I
I the next business day; and (3) such permit is ob#ained by Franchisee as soon as practicable
� follawing cessatian of the err►e�gency.
12.3 Public Service C1bli�ations: Nothing in this section is intended, nor shall it be
canstrued, as a hindrance to Franchisee's abiiity to take such actions as it deems necessary ta
discharge its public service abligations in accordance with the iaws of the State af Washington.
Nothing in this sectian is intended, nor shall it be construed, as preventing Renton from
22
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AGENDA I TEM # 8, b) �
ORDINANCE N0.
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 Rentan'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 in#ormational 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 Drawin�s: 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 lacation 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 Desi�n 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 shatl take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
22
AGENDA ITEM # 8. b) I
ORDINANCE N0, I
information to any third-party without the prior notice to Franchisee, uniess the third-party is
an authorized �ouernmentai en#ity of any tier or a public records requestor. Rentan wil(
provide Franchisee with notice of any public records request for Franchisee paperwork as soon I
as reasonab(y practicabie. �
13.5 Utilitv Locates: Notwithstanding the foregoing, nothing in this section is intended i
{nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location af utility facilities.
SECTION XIV: Undergrounding of Facilities
, Under�roundin� Required for New Facilities: Cflnsistent with RMC 4-6-090.0
(Applicabilityj, a!I new Facilities installed within the �ranchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Rentt�n"s reasonable estimatian for it to be done; provided that installation af wires, cables,
canduits a�nd similar equipment wili be permitted and ins#alled pursuant to the provisions of
� any applicable Laws, and subject to and accardance with any applicable Tariffs on file with fihe
I WUTC. In areas where all existing telecammunitatian� and cable facilities are lacated
�
� aboveground, Franchisee may instaii its Facilities above ground. Any new Faciiities to be located
� aboveground shaH be placed on exis#ing utiiity poles. Na new utility poles shaN be instaNed in
jconnection with placement of new aboveground Faciiities,
�
j SECTiBN XV: Retocation af Franchisee Facilities
15.1 Relocation Reauired: Renton shali have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair af its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
23
AGENDA ITEM # 8, 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 ta 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 sha{I compfete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton project. Franchisee shatl 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 shafl pay for or reimburse a proportionate share of Franchisee's relocation
costs. 7he 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
24
' AGENDA ITEM # 8. b)
ORDINANCE N0.
by any construction delays to Renton's project due to Franchisee's failure to comply with
Franchisee's plans and schedule in relocating or installing Franchisee's Facilities.
15.3 Emer�encv 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 I
the affected Facilities, at Franchisee's sole expense.
15.4 Third-Partv 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 al! costs and expenses incurred by
Franchisee in the relocation of Franchisee's Facilities.
15.5 Third-Partv Construction of Citv Identified Proiect: 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, construdion or other development regulation)
which requires the relocation of Franchisee's Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
determines and notifies Franchisee that the primary purpose of imposing such condition or
25
� AGENDA /TEM # 8, b) �
ORDINANCE N0.
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 ane ar 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. !f 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.
26
� A�ENDA /TEM # 8, b) ',
ORDINANCE NO. '
15.8 {ndemnitv for Delav: Franchisee shail 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 NQtification: 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 al► 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 ot 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
I
AGENDA ITEM # 8, b) �
ORDINANCE N0.
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 anc!/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 ta renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination bv Breach: tf Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
28
AGENDA ITEM # 8, b)
ORDINANCE N0. �
days of Renton praviding Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach ar failure, or, if not reasonabiy capabie of being cured !
I
within thirty (30} days, within such other reasonabie period of time as the Parties may agree I
I
I
upon, Renton may terminate this Franchise, without any penalty, liability,cost or damages. �
I
17.3 Citv Council Termination: This Franchise shail not be terminated except upon a �
I
majarity vote of the City Council, after reasonable notice ta Franchisee (which notice shall be �
�
given a# least thirty (30) days befare the hearing) and an apportunity to be heard, provided that �
if exigent circumstances necessitate immediate termination, the hearing may be held as soon '�
as passible after the terminatinn. ,
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shal) '
immediately discantinue operation of Facilities through the �ranchise Area. In such '
circumstances, either Party may invoke the dispute resolution pravisions in Sedion XVIII. �
Alternatively, either Party may elect to seek relief directly in Superiar Court, in which case the
dispute resolutian requirements shall nat be applicable. 4nce Franchisee's privilege has '
terminated, Franchisee shall comp}y with Franchise provision regarding removaf andJor
�� abandonment of Facilities.
17.5 Renton Retains Ri�h#far Act'ron: Renton's failure ta exercise a particular remedy
at any time shail not waive Rentan's r'rght ta terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
�.7.6 Francfiisee Liabiiitv and Obii�atian: Terminatian shall not release Franchisee
from any (iability or obtigatian with respect to any matter occurring prior to such termination,
29
AGENDA ITEM # 8, b) �
ORDINANCE IVO.
and shail not �elease Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
17.7 Iniunctive 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 acknawledge 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
� A GENDA I TEM # 8, b)
ORDINANCE NO.
response. Franchisee has thirty (30) days ("cure period") from the date of the notice's mailing
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 Meetin�: 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 ta 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 i� writing to the Parties' senior management for resolution. !f senior
managernent is unable to resolve the dispute within twenty (20) days of referral (or such other
31
AGENDA ITEM # 8, 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 fede�al rules of evidence.
18.3 Additional Resolution Obtions: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settie 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 aut of or
related to Sections III, Grant of Franchise (or such other sectians 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"j, 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.
32 I
' AGENDA 1TEM # 8. b) ,,
ORDINANCE N0.
18.4 Continuation of Obli�ations: Unless othen�vise 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 Discoverv: 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
discavery. 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 Compensatoro Dama�es: The arbitrators may award compensatory damages,
including consequential damages. Such darnages 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 contractots 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 # 8, b) �
C?RDINANCE NO.
may award equitabie 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 Partv'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
� i
AGENDA ITEM # 8, b) �
ORDINANCE NO. I
19.8 Transcript Costs: In the event a Party makes a copy af 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 sha11 bear the cast, except to
the extent such cost might be al(awed by a caurt as court costs. �
SECTION XX: Alternative Rernedies
Na provision of this Franchise shall be deemed to bar the right of Rentan or Franchisee I
to seek or obtain judicial relief from a violation of any Franchise provision or any rule, I
regulation, requirement or directive promulgated for non-Arbitration Claims. Neiiher the �
existence of other Franchise remedies nar the use of such remedies shall bar ar limit the right
of Renton or Franehisee to recover manetary damages for violations by the other Party, ar to
seek and obtain judicia! enfarcement of the other Party's obligations by means of specific
performance, injunctive relief or mandate,or any other remedy at law or in equity.
I SfCTION XXI: Amendments ta 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 requ'rred by any
� Laws, this Franchise shall gavern and supersede and shall not be altered, limited, supplemented
� ar otherwise amended by any permit, approvai, (icense, agreement ar ather document required
by or abtained from Renton in canjunction with Franchisee's exercise or faiiure to exercise any
and all benefits, privileges, obtigations 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 # 8. 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 Re�: 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 bv 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 or indirectly, 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
36
AGENDA ITEM # 8, b) �
ORDINANCE NO.
p�-operty which is caused by, in whole ar in part, and only ta the extent of, the wiil#ully tartious
or negiigent acts or omissions of Franchisee or its agents, contractors (of any tierj, emptoyees, I
representatives or trainees related ta Franchisee's granteri Franchise privileges. 1f any actian or
proceeding is brought against Renton by reason af Franchisee's Facilities, Franchisee sfia11
defend Renton at Franchisee's sole expense, provided that, for uninsured actions or �
proceedings, defense attorneys shall b� approved by Renton, which approval shal( not be
unreasonably withheld. The terms of this section shall not require Franchisee to indemnify
Renton against and hold harmless Ren#on from claims, demands or suits based u on Renton'
p s
negligent or willfu( conduct, and provided fu�ther that if the claims or suits are caused by or
result f�om the concurrent negligence of(a}the Franchisee's agents, officers, or employees and
{b� Renton, this provision with respect to claims or suits taased upon such concurrent negligence
shall be valEd and enforceable only to the extent of Franchisee's negligence or the negligence af
I Franchisee's agents or employees except as limited in this Franch�se.
22.3 Environmental Indemni�cation_. Franchisee sha!! indernnify, defend, and save
Rentan harmless fram and against any and every Third-Party actian, claim, cos#, damage, death,
expense, harm, injury, liability, or iass, either at law ar in equity, to persons ar property,
includir�g, but not limited to, casts and reasonable attorneys' and experts' fees incurred by
Rentan, arising directly or indirectly frarrt: (a} Franchisee's breach af any environmental t,aws or
1.aws applicable to the Facilities, or tbj from any re3ease of a hazardous substance on or from
the Facilities, or (cj other activity reiated to this Franchise by Franchisee. This indemnity
includes, but is not limited ta, (a} iiability for a governmental agency's casts of remaval or
remediai ac#ion for Hazardous Substances; (b) damages to natural resaurces caused by
37
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AGENDA I TEM # 8, b) �
ORDINANCE NO.
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 �ranchisee 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 p�ovide 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 Indemnitv: Should a court of competent jurisdiction de#ermine 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 persorts or
38
� AGENDA ITEM # 8, 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
privifege, 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 rom tl attem t to notify Franchisee, and Franchisee shall have the privilege, at its
P P Y p
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 Recoverv of Citv 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 # 8. b) �
ORDINANCE N0.
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 Ne�otiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Re4uired: 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 �eneral liabilitv 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 five million
dollars ($5,000,000) for each occurrence and with limits not less than five million dollars
($5,000,000) in the aggregate for bodily injury or death to each person, property
damage, or any other type of loss;
40
� AGENDA ITEM # 8. b)
ORDINANCE NO.
b. Automobile liabilitv for owned, non-owned and hired vehicles with a limit of
three million dallars ($3,000,000) for each person and three million dollars ($3,000,000)
for each accident;
c. Worker's Comqensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution le�al liabilitv 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
occurrente 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 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.
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
41
AGENDA ITEM # 8, b) �
ORDINANCE N0.
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 Primarv Insurance: Franchisee's insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Francfiisee's
insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior
written notice by certified mail, return-receipt requested, of suspension, cancellation, or
material change in coverage.
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 sixty (60) 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.
23.8 Separate Covera�e: Franchisee's insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
42
' AGENDA ITEM # 8. b)
ORDINANCE NO.
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 cantinue 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 agreeme�t.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, unless written notice of
43
AGENDA I TEM # 8. b) �
ORDINANCE N0.
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:
McLeodUSA Telecommunications Services, LLC
11101 Anderson Drive, Little Rock, AR 72212
Attn: Franchises& Easements
Phone: (501) 748-5234
Email: corp.franchise.agreements@windstream.com
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 whith 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
26.1 As Is: Franchisee's agrees and accepts the Franchise Area in an "as is" condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee's
44
•
� AGENDA ITEM # 8, b)
ORDINANCE NO.
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 Assi�nees 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 a�ising 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 anv tier�: Franchisee's contractors may att 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 obiigation, 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
the Facilities by lawful condemnation. In determining the Facilities' value, no value shall be
attributed to the right to occupy the Franchise Area.
45
AGENDA ITEM # 8, b) �
ORDINANCE NO.
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
contro� of Franchisee, then Franchisee's performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occur�ence
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 o� 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 restrittions and extreme weather
conditians. 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 th�ough willful or unreasonable negligence fails to heed
or comply wi�th 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.
26.9 Franchisee's Acceatance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
46
� AGENDA ITEM # 8, b)
ORDINANCE NO.
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
26.10 Governin� 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 Dutv bv 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 ta 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 Chan�es: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) afFecting the provision of this Franchise.
47
II _ _ ____�
AGENDA ITEM # 8. b) �
ORDINANCE NO. _
26.14 Other Obli�ations: 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 Sectian Headin�s: 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 Severabilitv: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable,the Parties
shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
48
. • i
AGENDA 1TEM # 8. b)
ORDINANCE NO. ,
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 sunrive 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 tonsidered a material violation of this Franchise.
SECTION XXVII: Effedive Date
This ordinance shall be in full force and effect from and after its passage, approval, and
five (5) calendar days after its legal publication as provided by law, and provided it has been
duly accepted by Franchisee.
PASSED BY THE CI7Y COUNCIL this day of , 2015.
Jason A. Seth, City Clerk
49
AGENDA ITEM # 8. b)
ORDINANCE NO.
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1873:6/26/15:scr
50
.
� AGENDA ITEM # 8, b) �
, UNCONDITIONAL ACCEPTANCE I
7he undersigned, Franchisee, accepts all the privileges of the above-granted franchise, subject
to all the terms, conditions, and obligations of this Franchise.
DATED: , 2015.
� McLeodUSATelecommunication Services,LLC
By: Stacy M. Light
Its: Manager—OSP Engineering
AGENDA ITEM # 8. b)
Attachment 1
,
� AGENDA ITEM # 8, c)
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-3-3 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE)
OF THE RENTON MUNICIPAL CUDE, CLARIFYING THE PURPOSE AND SCOPE OF
RENTON'S CHRONIC NUlSANCE REGULATIONS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Subsection 1-3-3.A, Purpose, of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of the Renton Municipal Code, is amended as follows: I
A. Purpose: Unlawful, unkempt, unsafe, unsanitary, improperly maintained I
premises, properties, sidewalks and easements, premises where illegal and/or II
code violating conduct occur, and nuisances and chronic nuisance properties �
within the City, create potentialiy grave habitability, health, safety, sanitation,
and welfare concerns for the City, its residents and guests, and for the value and
economic well-being of the premises and properties and premises and/or
property owners in Renton.
These nuisances are a financial burden on the City because repeated calls for
service, complaints or requests for investigations and/or inspections of
suspected nuisances require the time and resources of the City administration,
the Renton Police Department, the City Attorney Department and the court.
These nuisances include not onlv those on orivate residential properties, but also
those on private commercial qroperties that fail to provide adequate and,
properlv trained securitv and/or supervision, which �esults in calls for service for
1
AGENDA ITEM # 8, c)
ORDINANCE NO.
incidents that could have been prevented or limited with adeauate securitv
and/or supervision. Therefore, it is the purpose and intent of the City, in
enacting this Chapter, to ameliorate nuisances and hold those persons
responsible criminally and financially accountable.
It is also the �#e purpose of this Chapter +�to provide the City's
representatives with the necessary powers to prevent, remedy and/or abate
nuisances and to charge those responsible for the abatement costs. This Chapter
is a reasonable and proper exercise of the City's police power with a rational
relationship toward fostering or preserving the public peace, safety, health,
morals or welfare, and it shall be liberally construed to effect this purpose. This
Chapter's remedies are not exclusive and remedies available under federal, state
or other local laws may also apply.
Consistent with RCW 35.80.030(7j (entitled Permissible Ordinances —
Appeal), the City of Renton is (a) prescribing minimum standards for the use and
occupancy of dwellings throughout the municipality, (b) prescribing minimum
standards for the use or occupancy of any building, structure, or premises used
for any other purpose, (cj preventing the use or occupancy of any dwelling,
building, structure, or premises, that is injurious to the public health, safety,
morals, or welfare, and (d) prescribing punishment for the violation of any
provision of such ordinance. Renton's authority includes but is not limited to
RCW 35A.21.160 which grants to code cities "all of the powers of which any city
2
,
AGENDA /TEM # 8. c)
ORDINANCE NO.
of any class may have" and RCW 35.22.280(30) which permits a city to declare
and abate nuisances, and to impose fines upon those responsible for nuisances.
Finallv, to ensure that this section and anv related section or subsection is
appropriatelV and lawfully applied with a fair and non-disqarate impact on
members and se�ments of the communitv. the Citv of Renton declares that
chronic nuisance offenses and chronic nuisance calls for service shall not include
or applv to calls of victims or survivors of domestic violence. sex-related
offenses, stalkin�, or anV person requirin� or repuestin� necessarv medical
attention on their own behalf or on the behalf of another. Further. these
snecified calls bv or on behalf of victims or survivors of domestic violence, sex-
related offenses, stalkin�, or those reQuirin� or re4uestin� necessarv medical
attention shall not be a basis for the abatement or eviction of these specified
nersons under this ordinance. '
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty I
(30)calendar days after publication. ��
PASSED BY THE CITY COUNCIL this day of , 2015.
lason A. Seth, City Clerk �
3
.
AGENDA /TEM # 8, c)
ORDINANCE N0.
APPROVED BY THE MAYOR this day of , 2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1877:8/21/15:scr
4
CITY OF I
EXECUTIVE DEPARTMENT Renton � I
M E M O R A N D U M
DATE: September 28, 2015
TO: Ed Prince, 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:
� Join us at Renton Farmers Market tomorrow,Tuesday, September 29th, for the final market
of the 2015 season! This is your last chance to purchase fresh flowers and a bounty of farm
fresh produce, plus great crafts and Washington wine,Tuesday from 3:00 p.m. until 7 p.m.
at the Piazza Park in Downtown Renton. Visit our website at
www.rentonfarmersmarket.com for more information, or find us on Facebook,Twitter and
Instagram.
• Public Works Maintenance Services Worker Kip Braaten will travel to Loveland, CO to
compete in the 2015 APWA National Snow"Roadeo" scheduled for Wednesday,
September 30th. Kip was recognized during the April 30th Council meeting for being the
2014 APWA state champion in the obstacle courses for both the loader and truck
competitions. Kip has qualified to participate in both events this year on a national level,
and looks forward to the possibility of becoming a national champion.
• Preventative street maintenance,traffic impact projects, and road closures will be at the
following locations:
✓ Monday, September 28th through approximately October 2nd, approximately
7 a.m.to 3:30 p.m. Intermittent lane closures in various non-arterial locations
throughout the city for annual overlay project. Questions may be directed to Jayson
Grant at 425-766-2134.
✓ Monday, September 28th through Friday, October 2nd, approximately 7 a.m.to 3:30
p.m. Westbound lane closures for pavement patching at SE May Valley Road/NE 31st
Street at Newcastle Road SE. Questions may be directed to Patrick Zellner at 425-430-
7400.
✓ Monday,September 28th through Friday, October 2nd, approximately 7 a.m. to
4 p.m. Intermittent lane closures all directions of Houser Way North at North 8th Street
for pavement patch installation. Questions may be directed to Patrick Zellner at 425-
430-7400.
Ed Prince,Council President
Members of Renton City Council
Page 2 of 2
September 28, 2015
✓ Monday, September 28th through Friday, October 2nd, 8:00 a.m.to 3:00 p.m. Possible
right and left curb lane closures on Shattuck Ave S due to staging of equipment involved
with the 7th and Shattuck Project. Questions may be directed to Keith Wooley, 425-430-
7318 or Todd Freih, 206-999-1832.
✓ Monday, September 28th through Friday, October 2nd, 8:00 a.m.to 3:00 p.m. Possible
curb lane closures on the southwest corner of NE 4th Street and Duvall Avenue NE due
to asphalt grind and overlay. Questions may be directed to Mark Wetherbee, 206-999-
1829.
✓ Monday, September 28th through Friday, October 2nd, 8:00 a.m.to 3:00 p.m.
Westbound lane closure on 156th Avenue SE, between SE 144th Street and SE 6th Street,
due to installation of sewer main. Questions may be directed to Mark Wetherbee, 206-
999-1829.
✓ Monday, September 28th through Friday, October 2nd, approximately 8:30 a.m.to
3:30 p.m. Possible localized curb lane closures, between Rainier Avenue S and
Oakesdale Avenue SW, for limited localized closures in both the east and westbound
lanes for work on the newly placed pedestrian ramps. Questions may be directed to
project manager poug Jacobson, 425-430-7274, or on-site inspector Todd Freih, 206- I
999-1832.
✓ Monday, September 28th through approximately Friday, October 9th. The two east
lanes on Main between 2nd and 3rd will be closed for water main improvements while
the west lane will be open for traffic flow. Questions can be directed to on-site
inspector Pat Miller at 206-794-6162.
Agenda Item No.: �
RENTON CITY COUNCIL MEETING
AUDIENCE COMMENT
SIGN-UP SHEET
(Page 1)
CITIZENS MUST PROVIDE NAME AND ADDRE55 IN ORDER TO BE CONTACTED OR TO BE
' A PARTY OF RECORD WHEN APPROPRIATE
DATE: �I�0 I�� PLEASE PRINT 5 Minute Time Limit
. ,�.�b✓
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(CONTINUED ON REVERSE SIDE)
(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 13
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Topic: Topic:
UTILITIES COMMITTEE APP�OVEN ��
COMMITTEE REPORT CITY COU �
Dat� � � �
September 28, 2015
Request for Partial Release of Utility Easement from Lozier at Whitman Court, LLC
(Referred September 14, 2015)
The Utilities Committee recommends concurrence in the staff recommendation to grant a
partial release of an existing utility easement contained and described under King County
Recording#20090409001132, subject to the collection of the requisite processing fee from
the applicant.
�\ �
l �
Greg Ta�j 1�, Chair
/ �.,,�i /��c.��
dandy Corma�;Vice-Chair
�
Ruth Pere�Member
cc: Lys Hornsby, Utility Systems Director
Jennifer Henning,CED Planning Director
Abdoul Gafour,Water Utility Engineering Manager
Vicki Grover,CED Plan Review Engineer
Teresa Phelan,Utility Systems Administrative Secretary
APPROVED�L
UTILITIES COMMITTEE C�"(Y COU
COMMITTEE REPORT d� ,�� I�
��t�
September 28, 2015
Request for Partial Release of Utility Easement from Reserve at Renton Partners, LLLP
for Renton Center Senior Living Project
(Referred September 14, 2015)
The Utilities Committee recommends concurrence in the staff recommendation to grant a
partial release of an existing utility easement contained and described under King County
Recording#9510090749, subject to the collection of the requisite processing fee from the
Reserve at Renton Partners LLLP related to the Renton Center Senior Living Project.
�
��
��
Greg Taylor hair
1 ., .
f�andy Corrr�an, Vice-Chair
Ruth Perei, �lember
cc: Lys Hornsby, Utility Systems Director
lennifer Henning,CED Planning Director
Abdoul Gafour,Water Utility Engineering Manager
Vicki Grover,CED Plan Review Engineer
' Teresa Phelan, Utility Systems Administrative Secretary
PLANNING AND DEVELOPMENT COMMITTEE A��ROV�d ��
COMMITTEE REPORT ��� �
� �� I �
.,:�
��_� -
September 28, 2015
Moratorium on Accepting Applications for Residential Development in the CA Zone
The Planning and Development Committee recognizes that work has been initiated on changes to
Title IV to amend the densities allowed in the Commercial Arterial (CA) zone. However, that work
will not be complete until after the Moratorium on Accepting Applications for Residential
Development in the CA Zone is set to expire. The Committee recommends preparation of a
Resolution adopting a new moratorium.
�
andy Corman, Chair
�ondo Pavone, Vice Chair
<�L�i�iC.lX /�
Marcie Palmer, Member �—
STAFF RECAP
COUNCIL MEETING REFERRALS
9/28/2015
MOTIONS REFERRED TO ADMINISTRATION: None.
Other Reauests: None. i
MOTIONS REFERRED TO COUNCIL COMMITTEE: None.*
*The consent agenda items were adopted as presented.
���` �-..�
CITY OF
�
�
MINUTES
City Council Regular Meeting
7:00 PM-Monday,September 28,2015
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:
Ed Prince, Council President
Randy Corman
Armondo Pavone
Ruth Perez
Don Persson
Marcie Palmer
Greg Taylor
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Alex Tuttle,Assistant City Attorney
Me an Gre or De ut Cit Clerk
g g , p Y Y
Gregg Zimmerman, Public Works Administrator
Cliff Long, Economic Development Director
Commander Kevin Keyes, Police Department
PROCLAMATION
Diaper Awareness Week-September 28 through October 4,2015.A proclamation by Mayor
Law was read declaring the week of September 28 through October 4, 2015 to be "Diaper
Need Awareness Week" in the City of Renton, and encouraged all citizens to join in this
special observance and to generously donate to diaper banks,diaper drives,and those
organizations that distribute diapers to families in need in the City of Renton. Helen Banks
Routon, Director of Development and Community Relations for Eastside Baby Corner,
accepted the proclamation, expressed thanks to the Mayor and Council for their support, and
explained why the need for diapers among struggling families is so prevalent.She also shared
how Eastside Baby Corner has been able to support such families in Renton over the past
year.
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL ADOPT THE
PROCLAMATION AS READ.CARRIED.
September 28, 2015 REGULAR COUNCIL MEETING MINUTES Page 1
ADMINISTRATIVE REPORT
Deputy City Clerk Megan Gregor 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:
• Tuesday,September 29, 2015,will be the last Renton Farmers Market of the 2015 season
from 3:00 p.m. until 7 p.m.at the Piazza Park in Downtown Renton.
• Public Works Maintenance Services Worker Kip Braaten will travel to Loveland, CO to
compete in the 2015 APWA National Snow"Roadeo"scheduled for Wednesday, Kip has
qualified to participate in both events this year on a national level, and looks forward to
the possibility of becoming a national champion.
• Preventative street maintenance will continue to impact traffic and result in occasional
street closures through October 9, 2015.
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion,following the listing.
a) Approval of Council meeting minutes of 9/21/2015. Council Concur.
b) Administrative Services Department recommended a public hearing be set on 10/26/15 to
consider adopting the 2015/2016 Mid-biennium Budget Amendment and related legislation.
Refer to Committee of the Whole;Set public hearing on 10/26/2015.
c) Administrative Services Department recommended adopting the ordinance as presented to
I amend the Business&Operations tax code, effective lanuary 1, 2016. Council Concur.
d) Community& Economic Development submitted a report on the effect of the impact fees for
parks,fire and transportation that were adopted in 2012. None;lnformation Only.
e) Utility Systems Division recommended approval of Addendum 5 to CAG-13-105 with Coast&
Harbor Engineering, in the amount of$286,211.72,for additional mitigation requirements
including permitting support, light study analysis, preparation of technical reports and project
management needed to implement the Cedar River Gravel Removal Project. Council Concur.
MOVED BY TAYLOR,SECONDED BY PALMER, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINE55
a) Utilities Committee Chair Taylor presented a report recommending concurrence in the staff
recommendation to grant a partial release of an existing utility easement contained and
described under King County Recording#20090409001132,subject to the collection of the
requisite processing fee from the applicant.
MOVED BY TAYLOR,SECONDED BY PALMER,COUNCIL CONCUR tN THE
COMMITTEE RECOMMENDATION.CARRIED.
b) Utilities Committee Chair Taylor presented a report recommending concurrence in the staff
recommendation to grant a partial release of an existing utility easement contained and
described under King County Recording#9510090749, subject to the coltection of the
requisite processing fee from the Reserve at Renton Partners LLLP related to the Renton
Center Senior Living Project.
MOVED BY TAYLOR,SECONDED BY CORMAN,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
September 28, 2015 REGULAR COUNCIL MEETING MINUTES Page 2
c) Planning& Development Committee Chair Corman presented a report recognizing that work
has been initiated on changes to Title IV to amend the densities allowed in the Commercial
Arterial (CA)zone. However,that work will not be complete until after the Moratorium on
Accepting Applications for Residential Development in the CA Zone is set to expire.Therefore,
the Committee further recommended preparation of a Resolution adopting a new
moratorium.
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
RESOLUTIONS AND ORDINANCES
Ordinance for first reading:
a) Amending Business and Occupation Tax Code:An ordinance was read amending Sections 5-
25-2, 5-25-10, 5-25-11 and 5-25-12 of Chapter 25, Business and Occupation Tax Code, of Title
V(Finance and Business Regulations)of the Renton Municipal code, by correcting the
definition of"Non-Profit Organization" and clarifying the regulations related to deductions
and credits.
MOVED BY PERSSON,SECONDED BY CORMAN,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 10/5/2015.CARRIED.
Ordinance for second and final reading:
b Ordinance No. 5768-Mcleod Franchise reement:An ordinance was read rantin unto
) � g g
Mcleodusa Telecommunications Services, 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.
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
c) Ordinance No. 5769-Ordinance Amending RMC 1-3-3.A, Nuisances:An ordinance was read
amending Section 1-3-3 of Chapter 3, Remedies and Penalties,of Title I (Administrative) of the
Renton Municipal Code,clarifying the purpose and scope of Renton's chronic nuisance
regulations.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
NEW BUSINE55
See attached Council Committee meeting calendar.
ADJOURNMENT
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL ADJOURN.CARRIED.
TIME:7:15 p.m.
//l `
Jason . Seth�,CM�, City Clerk
Megan Gregor, Recorder
Monday,September 28, 2015
September 28, 2015 REGULAR COUNCIL MEETING MINUTES Page 3
�
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
CITY OF RENTON
NOTICE OF ORDINANCE
PUBLIC NOTICE RENTON Civ CO NC[L
Linda M Mills,being first duly sworn on oath that she is the Legal Following �S a summary of the
Advertisin Re resentative of the Ordinance adopted by the Renton
g P City Council on September 28,
2015:
ORDINANCE NO.5768
An Ordinance of the City of
Renton Reporter Renton, Washington, granting
unto Mcleodusa Telecommunica-
tions Services, LLC, authorized
to do business within the State of
a weekly newspaper, which newspaper is a legal newspaper of Washington, its affiliates, su��es-
sors and assigns, the right, privi-
general circulation and is now and has been for more than six months lege, �,d authority to �nsc�u
prior to the date of publication hereinafter referred to, published in Communications Facilities, s�-
cifically Fiber Optic Cable and
the English language continuously as a weekly newspaper in King related Appurtenances, Under,
County, Washington. The Renton Reporter has been approved as Along, Over, seioW, Through
a Legal Newspaper by order of the Superior Court of the State of and Across cne Streets, Avenues
and Alleys of the City of Renton
Washington for King County. W+tn�n the Public Right-Of-Way
The notice in the exact form annexed was ublished in re ular issues of Renton.
P g Effective: 10/7/2015
of the Renton Reporter (and not in supplement form) which was ORDINANCE NO.5769
regularly distributed to its subscribers during the below stated period. n� Ordinance of the c�cy of
Renton. Washington, amending
'I'he annexed notice, a: Section 1-3-3 of Chapter 3, Rem-
Public Notice edies and Penalties, of Title I
(Administrative) of the Renton
Municipal Code, Clarifying the
Purpose and Scope of Renton's
Chronic Nuisance Re ulations.
B
was published on October 2, ZOIS. Effective: ll/1/2015
, Complete text of these ordinanc-
es is available at Renton City
Hall, 1055 South Grady Way;
The full amount of the fee charged far said foregoing publication is and posted at the King County
the sum of$104.3g. Libraries in Renton, 100 Mill Av
S and 2902 NE 12th Street. Upon
�+i�' request to the City Clerk's office,
/� �d2�' `,•,.�^ (425) 430-6510, copies will also
/�Lirida Mills a . be mailed for a fee.
, �'1 `'� � Jason A.Seth,Ci Clerk
�
Legal Advertising Representative, ReritOri ReP01'�eI' � , Published in the Renton Reporter
S scribed and sworn to me this 2nd day of October, 2015. .a , p on octot�er 2,2015.#1424069
� (��1��� "� - ��
V"^' J
� ' -
Gale Gwin, Notary Public for the State of Washington, Residing in ��'F�;/ -',= y�,,��
Puyallup,Washington `f�f�E�;s;• '
�
+�
. .
��
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Fall 2015
Inside:
Diapers, diapers and more diapers - learn more about why it is sc�
important for EBC to give diapers to the children we serve.
/
Dates to Remember
National Diaper Need Awareness Week Salmon Days Parade • October 3rd Save the Date:
September 28th -October 3rd -Join • 10am -We want you for the EBC 6th Annual Helping Kids Thrive
EBC as we support this initiative of the Stroller Brigade! Help kick of this year's Luncheon • Friday, Noverr�ber 6. 2015
National Diaper Bank Network (NDBN) Salmon Day's festival and help the city of
created to mobilize efforts to help make Issaquah celebrate the annual return of ������
a difference in the lives of the nearly 5.3 the salmon to their birth waters. � � �, �
million babies in the U.S. who live in poor � , � '����y���
or low-income families. 6th Helping Kids Thrive Annual `� �(�, � ,�{- �
Luncheon • November 6th • 12pm �� � '�`� �
Diaper Need Awareness Twitter Party "25 Years of Giving and Growing" �'"�/�',, �� �� ��
October 1st • 1-2pm (PT) - During Share the experience as the community � .,/'�� �. � y ���r�
National Diaper Need Awareness Week comes together to support Eastside Baby �� �, =�
take to Twitter to show your support Corner's mission of helping children, �I � .���' � 1 '�' '�'�'`!�
for diaper need awareness. We'll be families and agency partners. Register � y� `� � �'�
discussing the impact of diaper need online at www.babycorner.org. If you are �� �
on children 8� how you can help. Follow interested in being a table captain, please �� �
along using the hashtag #diaperneed. contact Kim at kimfoster@ihmail.com. %�"�'�`'� ��`>>�•��.�I
Do you know about diaper need in your community?
� Did you know? • Diaper need impacts the physical,
• 1 in 3 families struggle with diaper need. mental and economic wellbeing of
'-`'� • 5.3 million babies and toddlers under children and parents.
'�+ the age of 3 live in poor and low income • Most child care centers require
� � families. parents to provide a day's supply
• In the state of Washington, 21 percent of disposable diapers (four to
- of the poor are under the age of three. six changes during the day)
I , • Government safety-net programs do not • Many parents cannot go to
� L� recognize diapers as a basic need. work or school if they can't
' • Diapers cannot be obtained with food leave their babies at child care.
September 28th to October stamps, and are classified with • Infants require up to 12 diapers
3rd is National Diaper Need cigarettes, alcohol and pet food as per day, at a cost of$70 to $80
Awareness Week disallowed purchases. per month per baby
� NON-PROFIT
1 � � :�(� ORGANIZATION
� e E;.
US POSTAGE
PAID
Givinq kids what they need to thrive ISSAQUAH,WA
P.O. BOX 712 PERMIT NO. 190
Issaquah, WA 98027
Contact Us
The Hub
1510 NW Maple Street
P.O. Box 712
Issaquah, WA 98029
(425)865-0234 � � ,� Q
ebc@babycorner.org
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Why you should consider
EBC receives nearly $57,000 each year through workplace
participating in Workplace Giving giving, Nearly half of that amount is from matching funds.
We are able to use this money to buy the things that we do
, ' ` '"" f You can DOUBLE your not or cannot receive through community donations, like car
.- money! Does that get your seats, portable cribs, formula and diapers. We use our ability
�. � attention? to buy these items in bulk at a discounted rate and really
g jde r � How about doubling stretch the funds that come in through workplace giving.
.,�=` the impact you can Workplace giving is an excellent opportunity for both you and
������� make in a local EBC, please consider giving to EBC so that together we can
�'- �������'�`��`� �;"' child's life with help local kids have what they need to THRIVE
%����� your financial If you have not been to the EBC for a tour, please come
j ��i�����, support? Better? and visit and see how we put workplace giving funds and
.':,� �`., • How about other donations to use. Email helenr@babycorner.org and we
• doubling your will schedule a time that works for you.
�,� ��ti _ money and
impact by doing EBC to host National
nothing more than signing up to have your donation to
EBC automatically deducted from your paycheck through your D i a pe r B a n k C o nfe re n c e
company's workplace giving program. Pretty amazing, right? The National Diaper Bank Conference is coming to the Seattle
The workplace giving season is upon us—with October area and EBC is proud to be one of the organizations hosting
being the primary month for signups.As you make your the event. From October 28th - 30th representatives from diaper
plans for charitable giving, here are some unique benefits of banks all across the United States will come together to network
workplace giving you might want to consider. and brainstorm ideas on creating opportunities for
Workplace giving benefits both the community and you, the
employee, in several ways. success (this year's theme). Participants will have the chance
First, the community benefits from your gift in that the to tour the EBC Hub and learn about how we go beyond diapers
organization you give to has a better understanding of the to give local kids all of the stuff they need to thrive. Follow us on
funding it will have in the coming year. This understanding Facebook and Twitter for up-to-date news about the conference.
allows the organization to plan ahead and make the most of
your contribution. � � ,
The employee benefits in the obvious way that workplace
giving is convenient, you can have your gift deducted
from your pay check and can still take advantage of the �� ��
tax incentives.Another clear benefit to workplace giving is - - � �
that if your employer matches funds, you DOUBLE your
contribution, helping organizations like EBC do even more to • -
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accomplish the mission you believe in.A less obvious benefit • ••• • - • • ' • • • • • -
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to the employee is that you get to help direct your employer's
charitable giving. You get to decide where they will spend their •oa,o„omE�ery�„,e,onomS,�,Y,,��e2o,a,�ommh,,,�eaby„�99,e,
philanthropic dollars.
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The EBC Story - from Plus: The donors, volunteers, provider
kitchen table start up, t0 partners and other supporters who
helping 500 kids each week have made helping kids thrive possible
A letter from Executive Director '� � ��`�
� ��
Renee Zimmerman '� !
� � _
� �. ,� . ,
IYs been twenty-five years since Karen Ridlon started the list is long, �-�
collecting things for babies in her dining room. For including both � �' ��
the thousands of volunteers and contributors over the present and past � �� � �
years, Eastside Baby Corner has been the center of volunteers. I can't �) �
community–a place to gather together to do good name them all here �
things for all our children. But we also recognize the but, please, each *
mixed blessing we are: there is great joy and goodness of you take a bow ` ���
in knowing how many kids have been helped over the for the beautiful / % ,�
years, but also great sadness that families continue part you've played
to struggle to provide their children with the basics. in keeping this
We are glad we've been here because every day that "Little Engine That Could" organization chugging along
EBC serves this community there are fewer kids going for 25 years.
hungry, fewer babies without adequate diapers, fewer Even with all our good work—and that of our agency
toddlers riding in cars without proper child seats, and partners--the need has not diminished.* IYs grown
fewer school-aged children going to school without larger. That's why we are expanding our ability to
supplies and clothing that fits. serve MORE kids as we move into our next twenty-five
Karen. Mary. Margo. The Rowley family. For two and years. You'll read more in this issue about the ways
a half decades they haven't wavered, giving their time you are helping us grow to serve more children and
and resources to ensure that EBC stays true to the partners...merging Northshore Baby Corner into EBC,
mission of giving kids what they need to thrive. That giving out more basics, fun and fundraising events,
is amazing dedication...but the list doesn't stop with and adding capacity.
them! Our incredible volunteers fuel this organization Please feel free to stop by to see me or give me a call
and infuse the Hub with theirjoy in giving. The anytime you would like to find out more about how your
workshop crew, the diaper divas, Sue the Sock Lady, support is changing lives and bringing hope to families.
the toy team, Katie, the blanket lady, the intake crew... Thank you for all you do for kids and EBC.
�J�..QiYI.Q.e
'Between 2005 and 2010, the percentage of children under five years old living in poverty increased from 13.4 percent of the total population to 15.4
percent, or 3,092 additional young children living in households of poverty in King County. During the 2013-2014 school year in Washington State, school
districts reported enrollment of over 32,494 homeless students,including 6,458 students in King County schools. (King County Youth Action Plan, Kids
Count Data Center, Washington O�ce of Superintendent of Public Instruction)
EBC welcomes new board members
Eastside Baby Corner is pleased to announce the
� appointment of two new members to the Board of
� Directors. Please join us in welcoming Andrew Symons
" � and Jason Hizer. Andrew is a real estate and business
�^� attorney at Inslee Best Doezie & Ryder, P.S. He began
` . � his service by assisting with the Northshore Baby
�` Corner merger. Jason is the Vice President - Corporate
Controller at Washington Holdings.After serving on the
� financial committee for more than a year, Jason decided
to become even more involved in EBC's success.
���a��s�
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Gi��in�1?13C a hom�sincr 1990
� •
PROPERTIES
�
s
_ �
of helping kids thrive
4
4 The EBC story - 25 years of helping kids
6 Rowley Properties - 25 years of support
7 Giving the gift of sponsorship �
r���y
8 An EBC photo album - then & now `�:. � ""' .
11 Volunteering for 25 years t t'
13 Meet the kids we serve " ' ,`
14 How YOU can help =' � ."��� .
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The Stor of Eastside Ba� Corner
Y Y .
From �itchen table start up to brimming distribution center- hozv nurse practitioner, Karen Aidlon's
vision for he ping neaa�born babies greiv into a beacon of hope for more than 500 kid.r every iveek.
�� ��� ' _ storage unit. Rowley decide to donate a 12 by 30
��,� � foot unit, and by April of the same year, the unit was
► r,a� . , � " stocked with baby clothing and gear, and EBC was in
,;"`, ` , � operation.
�""` � EBC was well received by the community, and it
,,, ' � _ ,'�'� grew quickly. More and more service providers heard
" �' � �} �. .: � about EBC and wanted to be able to pick up for their
families, more and more donors wanted to be able to
� ` �� .����� pass on the items they no longer needed, and more
� and more volunteers wanted to ive their time to make
— �"'�',�,��"`y�, 9.
,� .ir� ,� _ ,� a difference in the community.
Eastside Baby Corner founder, Karen Ridlon, is what Karen and her team, worked tirelessiy to keep up
you might call a child magnet, always has been. If with the growth. Thanks to the generosity of Rowley
there is a child in the same room as Karen, whether Properties, they expanded the operating space
they know her or not, they are pulled to her as if several times. They also grew the number of providers
by some unseen force. This magnetism has had a helped, expanded service to children up to 12 years
profound impact on Karen's life. It has helped carve old, and they grew the coverage area to include all
both her personal and professional path-from the of east King County-as well as portions of south
decision to become a pediatric nurse practitioner to
the determination to create EBC, an organization that Snohomish County.
is able to help more children than she, or any one Twenty-five years since its beginning EBC is still
person could help a/one. Helping more kids is the goal growing. The Hub is more than 10,000 square feet of
Karen built into the sou/of EBC, and it's the aspiration space that is busting at the seams with the generous
that continues to drive the organization today. With a donations of individuals and organizations who give
goal like that, it's easy to understand the tremendous thousands of items to EBC annually. One hundred and
growth EBC has experienced since Karen created it 25 sixty nine programs in 51 agencies are able to order
years ago. This is the EBC story. from EBC each week. Nearly 100 individuals give their
Prior to starting EBC in 1990, Karen was working as time to EBC each week, with more than 80 people
a nurse practitioner. She was becoming increasingly serving as core volunteers-coming in every week to
disheartened by the number of new babies going do a specific job.
home from the hospital without the clothing and Karen believes the successful growth of EBC can be
gear they needed for a safe and happy start in life. contributed to two factors. First, the simple mission
of helping children is one that is easy to support.
Karen knew she had to bring about change. She saw Second, as Karen explains, EBC doesn't belong to
an article about St. Joseph's Baby Corner, a new any one person, it belongs to the community, and the
organization started by Jeannie Jaybush that was community is encouraged to have ownership of their
working to get baby clothing and gear to families in role in its success. The core volunteers are the perfect
need in Seattle. Karen decided to do the same thing in example of this. They each have a designated role '
her own community - the Eastside.
Karen gathered a group of volunteers and together Continued on page 5
they forged a plan. Without a home for the - �
organization, they started working from Karen's dining
room table. She and her team put together research
meetings with the organizations on the Eastside that �
would benefit from the services, they reached out to
uw l��imn FZ1dln�r.rtuudr
potential donors, and they sought professional help for �--
� �t' a rn%ront of one of
necessary services like legal advice. �
lbe firrt.rtarage uniLr
Within a month Karen knew working from her kitchen ° � � ��„Uted�},�oW1e},
table was not going to be sufficient. She contacted _ propen�es.
Skip Rowley of Rowley Properties, and asked for a • , .
4 • www.babycorner.org • 2015 Annual
Helping more kids by joining forces with
,
� -'--�.► LL�, � .�. Eastside Baby Corner is expanding,
�- ,�, bringing Northshore Baby Corner (NSBC)
� ; �` + into our EBC family! When NSBC invited
' �+ ` ` -•`" us to consider the merger, we realized we
-' ! �� ' couldn't turn down this opportunity to reach
� .
,. ` � �-� ; � �� �► ' '�.� �`" more kids in need.
�..- � - ��� � �- ;" �; Northshore Baby Corner modeled itself
-_ .-"`� � � � � � � ��.� after EBC when it launched about eight
_ �����y � years ago. Working out of Bothell United
'���� . Methodist Church, the volunteers fill about
�..----, �` i� k+ 900 orders annually.
._�'`: With this merger, we'll be able to provide
~` a higher level of service for families in
+ � the north end of King County and south
� �' a Fa ,�. Snohomish County. Eastside Baby Corner
� � — Northshore will have full access to the
large supply of children's items in the Hub,
as weil as our 25 years of experience and expertise in giving kids the
essential items they need to grow and thrive.
Your generous support is why we are able to grow, adding a satellite
� location to reach more children and partner agencies without
��,,' I ,
,
� � :� diminishing our current service.
,,
.�.
70�:F:BC F_xecutire Dire�tor Kerree Zznrnrernr�rir and\a7hrb<re Bab��Ca•r�erPr�,r��nr_11��nn�erTrrr��n
�#M'- �"'� /,rr�r, at tl�e 1\SBCfacilit��at l3othell linited lllethodi.rt Churclz I.��%t:Renre zi�ztl�EBC Rourr!<f Dir•ector:r
�.�.
.�„�; �- Pre.rident,Kari Magill and Greg Field at the merger.rigning.
� �-'�
EBC Story continued they might not ever reach their full potential. This full
which they feel empowered to shape as they see fit. potential might mean they are the one to cure cancer
Karen explains, EBC is like a family that includes or they might be a musical phenom. We'll never know
everyone from the children who are helped, to if we don't give them the chance."
the volunteers, to the donors, to the community For a quarter of a century, giving kids a chance to
itself. Everyone stands to lose if the children in our realize their full potential has been Karen's, and
� community are not given what they need to thrive, and EBC's focus. Karen is sad that after 25 years there
everyone wins if they are. is still a need for an organization like EBC, but she
Karen illustrates the `we all win or we all lose' takes comfort in the fact that because of EBC many,
� concept best when she discusses what she calls the many children have been given a chance. As she
conservation of the human potential. She explains, looks to the future she is confident in EBC ability to
"When children are not given what they need to thrive, continue making an impact. "As long as we hold true
it has an impact on their development. If they don't to our belief that EBC belongs to us all, and as long
have the books or developmental toys they need to as we keep our focus on the children, we can and will
learn, they can't realize their full potential. Likewise, continue to help even more kids have what they need
if they don't have clothing to keep them warm or to thrive."
food in their bellies, or if they have to stay in a wet If you are reading this, EBC belongs to you too.
or dirty diaper, their bodies have to focus on survival Find out what role you can play in changing the
rather than allowing their minds to develop. In this lives of OUR children by visiting EBC online at www.
way, if children don't have what they need to thrive, babycorner.org.
II�
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So many people depend upon EBC, it just can't fail. She accepted and has continued to serve on the board
Rowley Properties had been giving a fledgling Eastside for 6.5 years, this year taking on the role of board
Baby Corner a home for 17 years when in 2007, then president. She, Skip and Rowley Properties (under
CEO, Skip Rowley came to the realization that EBC had Kari's guidance) also contribute financially through
become too important to the Eastside's social service the Karen Ridlon Legacy Fund. Rowley Properties still
network to fail. He, EBC founder Karen Ridlon and a gives EBC a home— one that is much larger than the
planning committee began to talk about what needed 12X30' unit Skip first donated in 1990.
to be done to ensure the sustainability of this vital For Kari, supporting EBC both personally and through
organization. From those talks emerged a strategic plan Rowley Properties is a simple choice. EBC's mission
that outlined a path forward that would allow EBC to of helping kids is, according to Kari, an easy cause to
grow and continue serving kids for generations to come. feel passion around. Kari also values EBC because of
Skip and Rowley Properties committed to playing a key what she calls `community building '. "One of the things
role in that effort. I love most about Eastside Baby Corner," Kari says,
Kari Magill, Skip's daughter and current "Eastside Baby Corner " is that it brings all
CEO of Rowley Properties, joined of these people
the Rowley Properties team in was growing and becoming together, many of
1992. For her, supporting EBC has a key part of the social service them strangers,
always been a part of her Rowley �� on a regular
Properties experience. By the time network on the Eastside. basis. They get
Kari joined the business, EBC, having - Kari Magill to know each other,
grown tremendously, was already in the and they help the
third donated unit. She fondly recalls Karen's visits to community help themselves."
the Rowley Properties offices. "Karen was always very EBC's home community of Issaquah, like EBC itself, is �
grateful," she explains, "and really good about coming growing in bounds. As a developer, Rowley Properties
into the office and letting us know what good these units is playing a significant role in that growth. Because of
were doing." Kari and the rest of the Rowley Properties Kari's commitment to the EBC mission, her goal is to do
team appreciated hearing the impact of their gift. everything possible to continue giving EBC a home in
Over the years Kari's involvement with EBC deepened. Issaquah, while also ensuring it can grow to help every
Karen asked her to serve on the first full governing child possible have what they need to thrive —for many
board —one of the results of the sustainability plan. years to come.
�I Gnre I.eft. .Ski�Ko1a�l�y, KUrert I��dlon anrl Kari�l�fagill at n Kurrn I��dlon Legacy 1�ir�rd ez�errt.Abos�e fZ����L�t:I��zct 5�ign.�o�rnei-.1�cott�rretten, K��r����%iini�rernza�r, l���ren
IZ1dIo�r I,��acy Fzryzr!Cn-cbair,Angela Keranerly�rnd Kcrrz A�f�rarl/��I IL�r xr»�eilirro oj u Kon�Icy Pro�ertie�1riGn/r�.ra�ir �c�rti�illp dnn��trrl hy�1~a.rt.Si�n.�J ot tf�e I,BC Ht�b.
6 • www.babycorner.org • 2015 Annual
Givin the i t o
� g
.
Eastside Baby Corner hosts three events each year: & �
Helping Kids Thrive Annual Luncheon, Pants Party
_,,,w-- .
, and, new this year, the Diaper Derby. Events are a � �,..�
way for the community to come together to support the � y �,
EBC mission of helping kids thrive. Each of the three "'r+� '
� y
EBC events has a s ecific focus. X X y'�' ' :�:
p
Helping Kids Thrive Annual Luncheon is our ' ��!' �, ` � *
fundraising event. Each November the community is , ������ �
invited to gather for a meal while learning about the ' � �
impact EBC is making in the community—thanks to I
the community's support. ��`
We call Pants Party a `fun-raiser' because it is all about �
having a great time while helping to collect enough ,�`- -
pants, an item we have a hard time keeping in stock, to
send kids back to school ready to learn. ��� ��������""�"""'�����r���,����
��i.r,rervecl a.r a Pant.r
The Diaper Derby was born out of the growing need i��„-ry�.�on.�orforrhepusa
for diapers. In 2014 EBC gave out nearly 800,000 � ,�,�eurs.u�t•�'�athan
diapers. We received about half from our partnership � ��, � is�,�.f�e,-Q„d hzs�ompany
with Huggies and the National Diaper Bank Network. - i���pu�t sru��o 1'ro Suppon
The remainder came in from individual donations, x �'� i:�3cly�-eatingiritpu�t
drives and purchases made with funds raised at the , �t�-��.�forrhexeptn�����
luncheon. As the need for diapers continues to rise, "`` �i"`t'e`q""uQ��`n`he°n.
this seemed the time for a new diaper-focused event. � �'°'�"n':Aeprese"t°�ves
�i�,i�r.Savedi.rh attend the
We decided on one where local businesses can _�i»4 xeping��d�Tb�ve
compete in a race to collect the most diapers. �,tnuQl�.�rn�heon.SWedlfh
These heartwarming, entertaining and exciting events ; ,� ;,,t�enef,�n�r.��,r.��r<,f
would not be possible without the support of event � '� �,� �,��,,,,. �
sponsors. From the donation of funds to help pay '
for the venue, food or entertainment to the donation
of services, event sponsors allow the funds raised at
an event to go toward purchasing items for children,
instead of to the cost of the event. �.
Thank you to all of our event sponsors.
♦ � �,
` *If your business or oganization is interested in .
sponsoring one of annual events in 2015, please
$IYEDISH
contact Director of Development and Community
Outreach, Helen Banks Routon, at 425-865-0234
ext. 701, or by email at helenr@babycorner.org. . a
Continued on page 10 ��;: �� � • ��.
�-.�� _ � �
www.babycorner.org • 2015 Annual • 7
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�� �bo2v the EBC Hub after
� � + ,�,,,� ;otrryear.r in operation.At
: ' /op Karen Ka�dlon he p.r a
..;� 1 �>roviderpick up her order. �
I7�e middle row.rhow.r
�� ,orting, the toy.rection and
� ` � � `Ge bin.r ivhere clothing
��a.r.rtored. On the bottonr
�� �� ro�v(from left�Karen anrl
k + � rolunteer Sue Ga.r.r tvelcome
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f , �, . I�oavan Hind.c IC�iren irr
; ''�' ' y•�- � %r•ont of one of the original
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-- '� �-'�• - _ ��_•� Kozvl��Pro�ertier.
8 • www.babycorner.org • 2015 Annual
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A,,,.,y� � � u�elrome local celebritie.r iz,�e
� f..� ' _ 'a`" "• ` �,`+,c•� ,'� r ' � �:��«s a � S eattle Mariners announcer
j: , i'�:'.� ' ,, �` ' �t�os , IZrck KZ���s, Whose nonprofif,
"` M, - � � ' �°^ , � 1 oy.r for Kids donated S5,000
, . ` . . _ ` � •�� �� , T' r
� � ;�.,,, ,� '+L � � in nezv toy.r. IYIe.rtillget excited
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www.babycorner.org • 2015 Annuai • 9
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The volunteers at EBC are a very dedicated group. Each year about 3,000 t� �
volunteers contribute nearly 28,000 hours. A very special group of 80 � !�,;
volunteers, who we call our core volunteers, come to the Hub every week and ,
take responsibility for a specific area of work. Many of the core volunteers have
been with EBC for years, decades even. Three volunteers �~ . �
have been with EBC since the very beginning, 25 years! As
we reach this quarter of a century milestone, we would like t _*� �.
� .. . _.
to thank Karen Ridlon, Mary Steele and Margo Shute for -- ' -
their extraordinary service. �'t '� ', ��ii� * �'•►
�.--
Karen is EBC's founder. She currently serves as provider
partner liaison and as Executive Director Emeritus. Mary �
has been in charge of baby food and formula for 25 years. • ,.,,,;�� �
She also helps with toys. Margo is now one of the diaper '°'�.� � � .
divas. She is responsible for diaper inventory and ordering. � � .I� ,
Each of these ladies is invaluable to the EBC mission. � � � � : �
.�
.
7 i�p, left to rzght.•Kcrren l��dlon,Mary Steele and Mar�o Shute. EacG of 1/�e.re larlier ha.r beerr a i�oleml��rr at F:RC �
%iir 25yearr!At right, clockzvi.ce.•From 1994,Margo.S'hute hel�.r Kay Lebun.r.rort rock.r. Karen Kidlo�i�ire.r�i to�rr
o%tl�e�:BC Hub.�1 fnr��.Steele or�cmi�r.�the Ji�r»rirl�i. � ,��
Sponsorship continued
� • — 1 � - � • • - � - • � • •
Benefactor Sponsors: Swedish and Safeco Insurance
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A Liherty Mutual (,ompany
����/a/1t cuF�' �Ne �HERITAGEBANK tNintendo°
EMPLOYEE BENEFITS thequnlirybank \ �
P�COI� IMPACTTU�DIO PRO ���a 1� � � �
Legal Counsel to Great compani�•;' a video production company
*Find the dates for this �-ear's 1:BC h<>sted e�-ents, as ��-ell as othcr cotnmunit��e�•ents I�.BC �rill bc attendin�on pa�e 15.
10 • www.babycorner.org • 2015 Annual
How can ou hel kids
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in ourcommunit ?
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Donate Goods
Your donation of necessary children's items like clothing, toys and books makes
it possible for Eastside Baby Corner to give more than 500 kids a week all of the
"stuff" they need to thrive. You can give back just by cleaning out your closet.
����.��: l�� _ __ _
,
�hile much of what we gi�
nations from the community, there are many items like diapers ar
�la that cannot be donated as used items — though they are absol�.
�ential. Other items like car seats and cribs are just not donated quick
��ugh to keep up with demand. With your financial contribution we ar
�-z +Frs rer�� !�hncrs ifrn^±e�- :rzi^� ;�rt h-�nrlc nf #ha f-smi�'snc th�� ncsnt� �hnt^
Volunteer time
When you give your time at Eastside Baby Corner you might find yourself
filling clothing bundles for school-age children, putting together layettes for
new moms to take home from the hospital or helping us count and organize
donations coming in from the local community. No matter how you spend your
time, you will leave EBC knowing you made a difference.
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of helping kids thrive
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www.babycorner.org • 2015 Annual • 11
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� l ti �
� O —The original board u�a.r:Pre.rident- + :+ �'
aren �dlon, Vice Pre.rident-Margo Shute, Secretary- ..,., ��r �
. +'
Judy Hea.rly, Trearurer-Donna fohn.ron.Mo.rt of the � '
original board i.r in thi.r photo that include.r: Tlee Fletcber, � � �
Judy Heasly, (EBCfounder)Karen I�'dlon,Srr.c��nne �
Cnger,J farp S�teele,Sue G�r r, crnd.l t��r�a Sbr�te � ,;r,._ _ `�,,r� •
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� - � � � .G���Tbe fir.rt Governing Board created by the
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� ;�. � finct.rtrategic initiative in 2008.Front rom, left to ngbt.•Kari
� �Vlagill,Linda Ben.ron,Executzve Director and Executive Vice
— Pre.rident Karen Kz'dlon, Doreen Booth, Ualentina Zackrone.
"� - _Vliddle ro:v, left to ngbt.•Program/T�olunteer Manager Cbn.rt��
- ���� � Garrard,PresidentAngela Kennedy, Vice Pre.rident Edie HerU,
� Trea.rurer Karen I3ubin,I.f�Szvanson and Secretary Claudia
'"" i , _Vlalone.Back row, left to right:Dan Fo.rter,Paul Dolan,Direc-
;
tor of Development/Cammunity Kelation.r Helen Bank.r Kouton,
Jim bY/arrick
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20��—The current Baard �� �
of Director.r.Front roaa, left to right. "' _.� � �
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�orth.rhore Baby Corner repre.rentatza�e _ �, � ��-',�_ ;�, -��,,`•- �,
TarynZier,fa.conShindler,Pa.rt "`' - ;��t� �_'` d1;;',
PreridentLi�Stvan.ron,EDEmeritzrr, ,s �k? �, - ��
8. �
� Executzve Vice Pre.rident Karen �; - � ..,
Az�dlon,Vice Pre.rident Jennifer Luca.r -,. �'� ��F�, ' �� '� ,��� � � �
IiSW,Pre.rident Kari Magill,Secretar�� �� , � � _
_ �� ; „
.11eghan Altzmore MSSW.Back rau-; � �
left to right.•Bnan Daniel.r,Helen ��� ;j� �
Chnstian, Rz'ck Le.r.rley,Andreu� �
S}'mon,r, Calin Cagney and fa.con Hi�er. ��� �
\Totpictured.•Trea.rurer Claudia[I-lalon��
anr!Oliz�ia Tl�trrmos�d
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�leet ou r provider partners and t� ��
� � � � lQ� ���� ����� � � together, hel �
EBC supports 169 programs in 51 agencies. The providers at
these agencies work directly with families in poverty and cri- i� � �... ��
sis to determine their needs. They order and pick items from � - ��, ���`�"�-•,r�,
EBC that will heip them help the families succeed. ""'��
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Because we work with the providers and not the families,
we don't often get to meet the kids who are receiving stuff � �,
from EBC. Fortunateiy, the providers often send photos of
the children —when it is appropriate to do so. The smiles ''" .�
captured in the images remind us of the importance of our
mission, and grow our determination to do even more to help
these kids and others just like them. '"�
Here are a few of the hotos we have recentl received. B �`�`�� I�
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helping EBC, you too have helped these incredible children. i �.
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"We are grateful for our partnership � 1°p:l'r°v��eYP�rt��ercru�er�unandA�d�r�r,
with these providers and for the �yearr old,�vith tbe laptopAidun received
� from EBC.Middle rotv,left to right.•A monr
WOY�C tfl@�/ C�O t0 �l@�p �OCB� C�II�C�I"@Il. �"`*:� �rndbabytvhoreceivedaBigBundleframEBC
We are amazed by the resilience of �'� �, � '''r°u�hF�ends°fY°uth.Pr°�der c°u�ne'
, � fLayburn fiom Emexcon High School in the I.cr,�e
t�l@S@ C�II�C�P@Il. �'71"OWlllg Up I11 pOV@1��/ " � `� IE�a.rhingtonScboolDi.rtrict.Afamily.rhozv.rthe
or crisis is not an easy thing� bUt " '� ' ��othe.cfromtheirBigBundlea.Atleft.•AnEBC
hrrby zvith a pacifier donated by local bu rine r r and
their determination, and that of their � �_ric..sup�o�eY,���gzn��e�,�r.-
families, is truly inspiring."
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Eastside Baby Corner hosts three events annually: Helping Kids Thrive Annual Luncheon, Pants Party and,
new this year, Diaper Derby. We also attend several community outreach events. Events are a fun way to
reconnect with the community and introduce new people to the EBC mission, all while helping kids. Mark your
calendars now; we would love to see you out and about this year.
• � � Diaper Derby
� May 11th to June 5th
-\ The Diaper Derby is fun race among local business and organizations to
collect diapers for children living in poverty or crisis. Not being able to afford
enough diapers is a barrier to stability and self-sufficiency for parents. Without
� . �� diapers- babies cannot participate in early childhood education. Without child-
�?����/ care-parents cannot go to work.
°� Pants
Pants Party �;� ��
September 12th 1 � � Pal'�y
Pants Party is an event that is just as much about fun as it is about helping EBC �
�Kj� � �
make sure they have all the items needed to help send King County kids back to �� t
school prepared. For EBC that means with clothing as well as supplies. For more � `^
information about Pants Party contact Cori Benson at 425.865.0234, ext. 705.
�, ._ '�
,.
Helpin� Kids Thrive Anmial Luncheon
November 6th
r i •
Helping Kids Thrive Annual Luncheon is EBC's only annual fundraiser. Share
the experience as the community comes together to support Eastside Baby
1 • • Corner's mission of helping children, families and agency partners. If you
are interested in sponsoring Luncheon or serving as a table captain, please
contact Helen at 425-865-0234 ext. 702 or by email at helenr@babycorner.org.
*We are excited to announce this year's Luncheon Chairs are Kim and
Dan Foster!
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Join us for these community-hosted events and activities
GiveBIG • May 5th - The Seattle Foundations one-day, online giving event • https://
givebig.wordpress.com
City of Bothell's 4th of July Parade • July 4th - Pancake breakfast, children's and
grand parade, live music, picnic and fireworks • www.bothellblog.net
Redmond Derby Days • July 10th -11th - the outgrowth of a small town's community
spirit and is now the nation's longest running bicycle race. • www.redmondderbydays.com
Celebrate Woodinville Summer Festival • August 15 - an event to encourage a
sense of community, and promote Woodinville's unique character to visitors from the Puget
Sound Region • celebratewoodinville.com
Issaquah Salmon Days Parade • October 3rd - Four music stages, a carnival,
dock dogs, hundreds of artist booths, 60 food booths, inflatables, a parade, and of course,
spawning salmon • www.salmondays.org
Giving Tuesday • December 1st - a global day dedicated to giving back • www.
givingtuesday.org
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NON-PROFIT
t � �'`, ORGANIZATION
�
US POSTAGE
` PAID
ISSAQUAH,WA
P.O. Box 712 PERMIT NO. 190
Issaquah, WA 98027
Contact Us
The Hub
1510 NW Maple Street
Issaquah, WA 98027
(425) 865-0234
ebc@babycorner.org
�
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� ' ���" Drop-off Hours
� � The Hub Issaquah Highlands Marymoor Self
� 1510 NW Map/e Street Self Storage Storage in Redmond �
� I � Issaquah, WA 98027 910 NE High St. 6065 E Lake
Monday Issaquah, W,4 98029 Sammamish Pkwy NE
� � I 5:30PM to 8:30PM (425)295-2959 Redmond, WA 98052
F` � Thursday Monday- Sunday (425) 882-1111
" I I � 9:OOAM to 11:OOAM 9:30AM to 6:OOPM Monday- Saturday
/ Saturday 9:30AM to 6:OOPM
, 1 I I 9:OOAM to 12:OOPM Sunday
F,� I � � � 9:30am to S:OOpm
Stay Connected
Visit us online at www.babycorner.org.
Keep up to date with Eastside Baby Corner news and events by liking us on Facebook, following us on Twitter and Pinterest, or
subscribing to our blog. Sign up for our social media tools, as well as our monthly E-News online.
Eastside Baby Corner makes a positive difference in the lives of children and families in need. We do this
by collecting and purchasing children's items and distributing them, free of charge, through local social
service agencies. We give families help and hope.
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How EBC Helps What We Do What You Caii Do 10 Help
EBC helps kids thrive by: Every day:EBC fulfills its mission of making a positive To support the work of EBC you can help in
• Annually collecting,purchasing, difference in the lives of children and families in need. four vital ways:
and distributing approximately: We do this by collecting and purchasing children's . Donate Goods:Donations of new or gently
• 3,000 cans of formula to food banks items and distributing them,free of charge,through used children's items are passed on to local
and individual children agencies who are providing services to families in east families in need.To see a complete list of
. 10,000 baby food meals to food banks King County.At EBC,we give families help and hope. accepted and most needed items,please visit
and babies Every week:EBC provides over 500 children,from our website.
• 8,000 clothing bags—each holding birth to age 12,with what they need to thrive, . Give:Financial donations to EBC are used to
a week's wardrobe when they need it. purchase diapers,formula,clothes,car seats,
. 1,200 car seats and other absolute essentials for children.
• 600,000 diapers Every month:Volunteers fill an average of 3,800
personalized orders.Case managers in direct service . Volunteer Time: Dozens of people volunteer
• Offering immediate help:Orders received on agencies assess the needs,place orders,and deliver at EBC every week!We welcome families>
a Thursday are processed and ready for pick-up to the families they serve. community groups,high school or middle
the following Thursday. Every year:For almost 25 years EBC has been the school students,businesses,and individuals.
• Helping the helpers:Unlike other agencies,EB(; vital safety net under virtually every family assistance • Host a Drive:The donations collected from
distributes directly to over 120 qualified family- agency in greater east King County.EBC annually store-front and neighborhood drives keep
assistance programs and partners,giving these distributes more than $4 million worth of goods our shelves full of the absolute essentials that
professionals what they need to help vulnerable through our partners. kids need to thrive.For more information
kids and families. on holding your own collection event,please
• Serving as a diaper bank,a clothing bank,and a email communityhelpers@babycorner.org.
food source for more than 500 kids every week.
• Being a major source of baby food,formula,
diapers,cribs and car seats for 11 local
food banks.
_ . . . . . . . - . . - - - - . . . . . -
Have D��nati��ns2
�� We welcome drop-off donations at our Issaquah hub -
� ,,� during normal drop-off hours(please do not leave � �' �
`� items outside).We kindly request that donations are �
y� only delivered during the following times �
/ ' �` ;�`
� Mondays:5:30pm-8:30pm ,�/�
� � �
� Thursdays:9am-llam �r �
� Saturdays:9am-12pm _ � �
J �' _ *Please check the website for holiday closures .,�A ..�
� �'�'' and announcements. �
� l� �� � Donations are also accepted at Issaquah Highlands "` �%
�r _f� Self Storage and Marymoor Self Storage in Redmond: ,
��R Monday-Saturday:9:30am-6:OOpm
�
� Sunday:9:30am-5:OOpm ,
� � ��
� �,.�# Want to Volunteer? ``
• � { EBC volunteers donate over 2,000 hours every
° �' - month! If you would like to volunteer,please visit
� .
i,��y���� � � �,� www.babycorner.org/volunteer-time to sign up Helping over
�' ' � for an available shift.We welcome individuals,
groups,and businesses.
.
About Us Contact Us 1 11 1
1510 NW Maple St.
Eastside Baby Corner(EBC)was founded in 1990 p0 Box 712 every week
by Karen Ridlon,a local pediatric nurse practitioner Issaquah,WA 98027
who was concerned with the large numbers of babies Phone:425.865.0234
in her practice that began life without adequate food, Fax:425.865.0234
clothing,beds or safety equipment. Web:www.babycorner.org
Her commitment to giving these children a stronger Email:ebc@babycorner.org
start grew from an idea into an agency that annually
distributes almost 60,000 new or gently-used items. �'OIIOW US
EBC serves a broad area in greater east King � 1� Q
County.It is the only agency that provides these
unique services in this region.
EBC receives financial support from many of the ���-•d
���...�..
� y. � 1
cities it serves,as well as from private foundations, � � ��b�.� ��� � � � �b#�
individuals,businesses,faith-based organizations �� C • � �
.7 �aorcaries
dllu C1V1C gCOUpti. .;Iving kids what ti,�•v"���•���f���I,��� . ;inq kids what they need to thrive
Giving EBC a home �
since 1990