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HomeMy WebLinkAboutCouncil 06/21/2010AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  June 21, 2010  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATION a. Miss Washington Week ‐ July 4 to 11, 2010  4.PUBLIC HEARINGS a. Kendall  Annexation ‐  60%  Notice  of  Intent  to  annex  petition  for  approximately  27.66  acres  located south of NE 4th St., east of 152nd Ave. SE.  b. Sierra  Heights  Elementary  School  Annexation ‐  Annexation  and  zoning  for  aproximately  15  acres located at 9901 132nd Ave. SE.  5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 6/14/2010. Council concur.  b. Community  and  Economic  Development  Department  recommends  approval  of  an  interlocal  agreement with the Renton Housing Authority acknowledging and confirming mutual interest  in jointly procuring the consultant firm CH2M Hill for the Sunset Area Community Investment  Strategy. Council concur. (See 9.a. for resolution.)  c. Community Services Department recommends waiver of City Center Parking Garage fees in the  amount  of  $1,050  for  volunteers  of  the  Return  to  Renton  Benefit  Car  Show  on  7/11/2010. Council concur.   d. Transportation  Systems  Division  recommends  acceptance  of  grant  funds  in  the  amount  of  $34,000  from  the  Washington  State  Salmon  Recovery  Funding  Board  for  the  Maintenance  Dredging  and  Shoreline  Mitigation  project  at  the  Airport. City's  match: $15,000. Council  concur.  Page 1 of 71 .  8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Committee of the Whole: Special Events Ordinance*  b. Finance  Committee: Vouchers;  Lease  with  Renton  Community  Foundation  for  Suite  100  at  Liberty Building  9.RESOLUTIONS AND ORDINANCES Resolution: a. Interlocal agreement with Renton Housing Authority (See 7.b.)  Ordinances for first reading: a. Approving the Sierra Heights Elementary School Annexation (See 4.b.)  b. Establishing R‐4 zoning for the Sierra Heights Elementary School Annexation (See 4.b.)  c. Approving the Maplewood Heights Elementary School Annexation (Council approved via  6/7/2010 Consent Agenda)  d. Special Events Ordinance (See 8.b.)  10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   June 21, 2010   Monday, 5:30 p.m.     Special Events Ordinance;  Trail Ordinance (briefing only);  Dogs in Coulon Park    • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •     CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 2 of 71 3a. ‐ Miss Washington Week ‐ July 4 to 11, 2010 Page 3 of 71 ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF 60% DIRECT PETITION TO ANNEX June 21, 2010 The City is in receipt of a 60% Direct Petition from property owners in the proposed Kendall Annexation area. Under RCW 35A.14.120, direct petitions to annex are required to have signatures representing at least 60% of the area's assessed value. The King County Department of Assessments certified the petition as sufficient on May 20, 2010. The 27-acre potential annexation area is located in the City's Potential Annexation Area near the eastern portion of the City limits. The City limits comprise the western portion of the boundary. The area is bounded by Southeast 128th Street/Northeast 4th Street at the north, 158th Avenue Southeast to the east, and Southeast 132nd to the south. The area is currently designated with the King County Comprehensive Plan designation of Urban Residential Medium 4-12 du/acre and is zoned R-4, allowing four dwelling units per gross acre. The City of Renton Comprehensive Plan designation for the area is Residential Low Density (RLD). R-4 pre-zoning was adopted for the area in 2007 as part of Ordinance #5254; this zoning will become effective upon annexation. The City of Renton R-4 zone allows four dwelling units per net acre. Council is holding this Public Hearing in order to give affected parties the opportunity to comment about the proposed annexation. Also at this meeting, Council will decide whether it wishes to accept the 60% Direct Petition to annex and whether or not it will authorize the Administration to forward a Notice of Intent to Annex package to the Boundary Review Board for King County to begin their mandatory 45-day review. 4a. ‐ Kendall Annexation ‐ 60% Notice of Intent to annex petition for  approximately 27.66 acres located south of NE 4th St., east of 152nd Page 4 of 71 c .2 as X CD _____ ^ C2 _______ '<_> 75"* 13 c 0) M CO o CD o s c <D ••& CD X O 0. BOG j* t »f It J* f I "ii 4a. ‐ Kendall Annexation ‐ 60% Notice of Intent to annex petition for  approximately 27.66 acres located south of NE 4th St., east of 152nd Page 5 of 71 ZONING PUBLIC HEARING Sierra Heights Elementary School Potential Annexation Area Zoning June 21, 2010 This approximately 15-acre potential annexation area is located in the City's Potential Annexation Area at the northern portion of the City limits. The area is bounded by the existing City limits at the north, east, and south. 132nd Avenue Southeast is immediately east of the annexation area and Sierra Heights Park is immediately to the west. The area is currently designated with the King County Comprehensive Plan designation of Urban Residential Medium 4-12 du/acre. The existing King County of the area is R-6 zoning, allowing six dwelling units per gross acre. The City of Renton Comprehensive Plan designation for the area is Residential Low Density (RLD). As shown on the map below, R-4, which allows four dwelling units per net acre, is proposed. This zoning is consistent with the Residential Low Density designation. Council is holding this Public Hearing in order to give affected parties the opportunity to comment about the proposed zoning. 4b. ‐ Sierra Heights Elementary School Annexation ‐ Annexation and  zoning for aproximately 15 acres located at 9901 132nd Ave. SE.Page 6 of 71 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Interlocal Agreement with Renton Housing Authority Meeting: Regular Council - 21 Jun 2010 Exhibits: Interlocal Agreement with Renton Housing Authority Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Erika Conkling, AICP (x6578) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The City is pursuing a contract with CH2MHill for consulting services to undertake several of the identified priorities from the Sunset Area Community Investment Strategy adopted by Council in 2009. RHA will ask its board to approve a separate contract for an amount up to $214,000 to perform complimentary work specific to the redevelopment plans for Sunset Terrace. Due to U.S. Department of Housing and Urban Development procurement requirements, in order for RHA to enter into a contract with the City’s selected consultant, the City and RHA must sign an interlocal agreement that allows it to “piggy back” on our consultant selection process. RHA has worked closely with the City to select the consultant and develop the proposed scope of work. Approval of the interlocal with RHA is another step in achieving the first priority of the Sunset CIS, which is to support Sunset Terrace Redevelopment. STAFF RECOMMENDATION: Approve the interlocal agreement with the Renton Housing Authority and authorize the Mayor and City Clerk to sign the agreement. 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 7 of 71 402409.1 | 358187 | 0002 - 1 - INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND THE RENTON HOUSING AUTHORITY RELATING TO THE COOPERATIVE PROCUREMENT OF CONSULTING SERVICES I. RECITALS WHEREAS, the City of Renton (“City”) and the Renton Housing Authority (“RHA”) (individually a "Party" and collectively the "Parties") are authorized pursuant to Chapter 39.34 RCW and Chapter 35.83 RCW to enter into agreements providing for interlocal cooperation; and WHEREAS, the Parties each have a need for environmental analysis and /or other consulting services relating to public investment and/or development or redevelopment activities in the Sunset Area; and WHEREAS, the Parties have worked in cooperation with each other in order to prepare and issue a request for statements of qualifications (SOQ) for consulting services for the Sunset Area Planned Action EIS in order to identify qualified individuals and businesses with the expertise to meet the needs of the City and RHA (a copy of the SOQ is attached to this Agreement as Exhibit A); and WHEREAS, the City served as the lead agency with respect to the formal issuance of the SOQ and the selection of the most qualified consultant, with the intent that the Parties would both utilize the SOQ process for the purpose of awarding separate contracts with the selected consultant; and WHEREAS, the SOQ process is beneficial to both Parties; and WHEREAS, the Parties now desire to enter into this Agreement to provide for a sharing of the reasonable costs associated with the SOQ process; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between the Parties as follows: II. AGREEMENT 1.The purpose of this Agreement is to acknowledge and confirm the Parties’ mutual interest in jointly participating in the procurement of the consulting services to fulfill each Party’s need for development and/or redevelopment services. 2.This Agreement shall authorize the following activities: A.RHA shall be allowed to utilize the procurement process undertaken by the City as lead agency, for the purpose of entering into a separate and independent contract with the consultant that was determined to be the most qualified to perform the required services. 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 8 of 71 402409.1 | 358187 | 0002 - 2 - B.RHA agrees to reimburse the City for a reasonable share of the expenses incurred by the City as the lead agency for this procurement process. The City shall provide RHA with such documentation as may be reasonably required by RHA in order to document the costs incurred in the RFP process. C.Each Party acknowledges its respective responsibility for compliance with all applicable federal, state or local laws and regulations relating to any bidding requirements applicable to that Party’s acquisition of the subject consulting services. The provisions of this Subsection II.2.C. shall survive the termination or expiration of this Agreement. D.Each Party will enter into a separate agreement with the selected consultant providing for the services required by the respective agencies. No separate legal or administrative entity is created by this Agreement. 3.This Agreement shall expire when the Parties are in mutual agreement that all duties enumerated in paragraph 2, above have been satisfactorily completed. 4.This Agreement contains the entire Agreement between the Parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either Party may request changes in the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Either Party may terminate this Agreement with thirty (30) days written notice to the other Party. 5.It is hereby agreed that no waiver of any condition or covenant in this Agreement, or any breach thereof, shall be taken to constitute a waiver of any subsequent breach. 6.Any written notice required or permitted to be given herein shall be made registered or certified U.S. mail, or by delivery in person to the Party which is the intended recipient of the notice, at the following addresses or to such other respective addresses as either Party hereto may from time to time designate in writing: CITY OF RENTON RENTON HOUSING AUTHORITY Attn. Alex Pietsch, Administrator Attn. Mark Gropper Department of Community Executive Director & Economic Development 1055 South Grady Way 2900 NE 10th Street Renton, WA 98057 Renton, WA 98056-3133 Notices sent by mail shall be deemed given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence. 7.RHA shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 9 of 71 402409.1 | 358187 | 0002 - 3 - omission of RHA, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, RHA shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal of governmental authority is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and RHA and their respective officers, agents, and employees, or any of them, RHA shall satisfy the same. 8.The City shall indemnify and hold harmless RHA and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against RHA, the City shall defend the same at its sole cost and expense, provided that RHA retains the right to participate in said suit if any principal of RHA is involved; and if final judgment be rendered against RHA and its officers, agents, employees, or any of them, or jointly against the City and RHA and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 9.The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 10 of 71 402409.1 | 358187 | 0002 - 4 - IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below. CITY OF RENTON RENTON HOUSING AUTHORITY By:By: Denis Law Mark R. Gropper Mayor Executive Director Dated:Dated: APPROVED AS TO FORM:APPROVED AS TO FORM: CITY LEGAL COUNSEL: RHA LEGAL COUNSEL: By By Name Name Date Date 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 11 of 71 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH RENTON HOUSING AUTHORITY RELATING TO THE COOPERATIVE PROCUREMENT OF CONSULTING SERVICES. WHEREAS, the City of Renton ("City") and the Renton Housing Authority ("RHA") are authorized pursuant to Chapter 39.34 RCW and Chapter 35.83 RCW to enter into agreements providing for interlocal cooperation; and WHEREAS, both the City and RHA each have a need for environmental analysis and/or other consulting services relating to public investment and/or development or redevelopment activities in the Sunset Area; and WHEREAS, the City and RHA have worked in cooperation with each other in order to prepare and issue a request for statements of qualifications ("SOQ") for consulting services for the Sunset Area Planned Action EIS in order to identify qualified individuals and businesses with the expertise to meet the needs of the City and RHA; and WHEREAS, the City served as the lead agency with respect to the formal issuance of the SOQ and the selection of the most qualified consultant, with the intent that the City and RHA would both utilize the SOQ process for the purpose of awarding separate contracts with the selected consultant; and WHEREAS, the SOQ process is beneficial to both the City and RHA; and WHEREAS, it is necessary to document the terms and conditions under which the City and RHA share the reasonable costs associated with the SOQ process; 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 12 of 71 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Renton Housing Authority relating to the cooperative procurement of consulting services. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1460:6/10/10:scr 7b. ‐ Community and Economic Development Department recommends  approval of an interlocal agreement with the Renton Housing Authority Page 13 of 71 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fee Waiver City Center Parking Garage, Return to Renton Benefit Car Show Meeting: Regular Council - 21 Jun 2010 Exhibits: Fee Waiver Form Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, Facilities Director Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $1050.00 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Waive daily parking fee for the City Center Parking Garage for Return to Renton Benefit Car Show on Sunday, July 11, 2010 for 105 volunteer workers. This 400-vehicle no-admittance fee car show draws roughly 4,000 visitors. Net proceeds, in the range of $10K - $15K, go the the Renton Police Department Youth Fund. Over its 19-year history, this car show has netted over $130,000 for the Youth Fund. STAFF RECOMMENDATION: Approve fee waiver for Sunday, July 11 at the City Center Parking Garage for 105 volunteer workers at the Return to Renton Benefit Car Show. 7c. ‐ Community Services Department recommends waiver of City Center  Parking Garage fees in the amount of $1,050 for volunteers of the Page 14 of 71 C:\Documents and Settings\dwagner.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\CSLQSMJ4\ReturntoRentonCar2010.doc CITY OF RENTON COMMUNITY SERVICES DEPARTMENT FEE WAIVER OR REDUCTION REQUEST Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the Finance Committee. Name of Group:Return to Renton Benefit Car Show Group Contact Person:Jim Medzegian Contact Number:206-772-1016 Address:P.O. Box 1330, Renton, WA 98057 Email Address:jmedzegian@aol.com Date of Event:Sunday, July 11, 2010 Number in Party:105 volunteer workers ____ Location:Downtown Renton Type of Event:Benefit Car Show Staff Contact Name/Telephone:Jennifer Davis-Hayes 425-430-6589 What is the total cost of the rental and applicable fees? 105 x $10 = $1,050.00 What is the cost of the fee waiver or reduction requested?$1,050.00 Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens: The Return to Renton Benefit Car Show provides a wholesome day of free fun for 4,000 Renton area residents. Beyond that, net proceeds are given to the Renton Police Department Youth Fund and benefit Renton youth through recreation scholarships and other youth activities. Staff Recommendation: Waive the $1,050.00 parking fee for the Return to Renton Benefit Car Show Council Approval 7c. ‐ Community Services Department recommends waiver of City Center  Parking Garage fees in the amount of $1,050 for volunteers of the Page 15 of 71 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Washington State Salmon Recovery Funding Board (SRFB) Grant Acceptance - Maintenance Dredging and Shoreline Mitigation Project Meeting: Regular Council - 21 Jun 2010 Exhibits: SRFB Grant Agreement #09-1606P Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager,, extension 7471 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 49,000 Transfer Amendment: $ Amount Budgeted: $ 978,660 Revenue Generated: $34,000 Total Project Budget: $ 978,660 (for 2010)City Share Total Project: $ 15,000 SUMMARY OF ACTION: The Washington State Recreation and Conservation Office is offering a Salmon Recovery Funding Board (SRFB) grant in the amount of $34,000 to help with funding the final design and permitting phase of the Maintenance Dredging and Shoreline Mitigation Project at the Will Rogers/Wiley Post Seaplane Base. This grant will help fund the completion of the design phase and obtain necessary permits by Parametrix, the Airport’s consultant. The City’s match for the SRF Board grant is $15,000. The 2010 project budget is $978,660. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Salmon Recovery Funding Board grant agreement #09-1606P in the amount of $34,000. 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 16 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 17 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 18 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 19 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 20 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 21 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 22 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 23 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 24 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 25 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 26 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 27 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 28 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 29 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 30 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 31 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 32 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 33 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 34 of 71 7d. ‐ Transportation Systems Division recommends acceptance of grant  funds in the amount of $34,000 from the Washington State Salmon Page 35 of 71 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH RENTON HOUSING AUTHORITY RELATING TO THE COOPERATIVE PROCUREMENT OF CONSULTING SERVICES. WHEREAS, the City of Renton ("City") and the Renton Housing Authority ("RHA") are authorized pursuant to Chapter 39.34 RCW and Chapter 35.83 RCW to enter into agreements providing for interlocal cooperation; and WHEREAS, both the City and RHA each have a need for environmental analysis and/or other consulting services relating to public investment and/or development or redevelopment activities in the Sunset Area; and WHEREAS, the City and RHA have worked in cooperation with each other in order to prepare and issue a request for statements of qualifications ("SOQ") for consulting services for the Sunset Area Planned Action EIS in order to identify qualified individuals and businesses with the expertise to meet the needs of the City and RHA; and WHEREAS, the City served as the lead agency with respect to the formal issuance of the SOQ and the selection of the most qualified consultant, with the intent that the City and RHA would both utilize the SOQ process for the purpose of awarding separate contracts with the selected consultant; and WHEREAS, the SOQ process is beneficial to both the City and RHA; and WHEREAS, it is necessary to document the terms and conditions under which the City and RHA share the reasonable costs associated with the SOQ process; 9a. ‐ Interlocal agreement with Renton Housing Authority (See 7.b.) Page 36 of 71 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Renton Housing Authority relating to the cooperative procurement of consulting services. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1460:6/10/10:scr 9a. ‐ Interlocal agreement with Renton Housing Authority (See 7.b.) Page 37 of 71 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (SIERRA HEIGHTS ELEMENTARY SCHOOL ANNEXATION; FILE NO. A-09-005). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 14, 2009; and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about September 29, 2009, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of the property to the City of Renton; and 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 38 of 71 ORDINANCE NO. WHEREAS, the City Council fixed November 9, 2009, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, a public hearing has been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of March 22, 2010; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four dwelling units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) days after publication of this ordinance; and on and after said date the property shall constitute 2 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 39 of 71 ORDINANCE NO. a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibits A attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 15 acres, is bordered by the existing City limits to the north, east, and south, with 132nd Avenue Southeast at the east; parcel lines comprise the western boundary.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of. , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _, 2010. Denis Law, Mayor 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 40 of 71 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1638:5/27/10:scr 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 41 of 71 Exhibit A 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 42 of 71 SIERRA HEIGHTS ELEMENTARY ANNEXATION LEGAL DESCRIPTION That portion of unincorporated Government Lot 1 of Section 4, Township 23 North, Range 5 East, W. M., in King County, Washington, bounded by the existing limits of the City of Renton as annexed under Ordinance Nos. 5261, 4195, 5138, listed in clockwise order beginning on the north side of the hereby described. Iofl 09/02/2008 4:51 PM 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 43 of 71 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician Sierra Heights Elementary Annexation Vicinity Map July 8, 2009 0 250 1:5000 500 UFeet V/A Sierra Heights Elementary Annex I _~] City Limits Produced by City of Renton (c) 2009, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. File Name: :\CED\Planning\GIS\GlS_projects\annexations\school_annex\ sierra_heights_eiem_annex\mxds\1_sierra_heights_elem_annex_yicinit>'_B&W.mxd 9a. ‐ Approving the Sierra Heights Elementary School Annexation (See  4.b.)Page 44 of 71 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-6 (URBAN RESIDENTIAL 6 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DWELLING UNITS PER ACRE) (SIERRA HEIGHTS ELEMENTARY SCHOOL ANNEXATION, FILE NO. A-09-005). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having been held on November 9, 2009, and the second hearing having been held on June 21, 2010, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended 1 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  Annexation (See 4.b.)Page 45 of 71 ORDINANCE NO. to reflect the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 15-acres, is generally located south of Southeast 98th Street if extended, immediately west of 132nd Avenue Southeast, north of northeast 24th Street if extended, and east of 128th Avenue Southeast if extended.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. .2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD:1637:5/27/10:scr 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  Annexation (See 4.b.)Page 46 of 71 Exhibit A 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  Annexation (See 4.b.)Page 47 of 71 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician May 25, 2010 0 250 500 1:5000 N Produced by City of Renton (c) 2010, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Sierra Heights Elementary Annexation Renton R-4 Zoning E3 R-4 Zoning LTSCity Limits File Name: :\CED\Planning\GIS\GiS_projects\annexations\school_annex\ sierra_heights_elem_annex\mxds\10_sierra_heights_elem_annex_R4_zone0510.mxd 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  Annexation (See 4.b.)Page 48 of 71 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (MAPLEWOOD HEIGHTS ELEMENTARY SCHOOL ANNEXATION; FILE NO. A-09-004). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 14, 2009; and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about September 29, 2009, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 49 of 71 ORDINANCE NO. WHEREAS, the City Council fixed November 9, 2009, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, the public hearing has been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of March 22, 2010; and WHEREAS, the City of Renton prezoned the annexation site R-4, four dwelling units per net acre, as part of the East Renton Plateau Prezone Ordinance No. 5254 and that zoning will become effective upon annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) 2 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 50 of 71 ORDINANCE NO. days after publication of this ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 9-acres, is bordered by the existing City limits to the north, east, and west, with 146nd Avenue Southeast at the east and 144th Avenue Southeast at the west; parcel lines comprise the southern boundary.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 51 of 71 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1636:5/27/10:scr 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 52 of 71 Exhibit A 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 53 of 71 MAPLEWOOD HEIGHTS ELEMENTARY SCHOOL ANNEXATION LEGAL DESCRIPTION Tracts 14 & 15 of Black Loam Five Acre Tracts as recorded in Volume 12 of Plats page 101 records of King County, Washington; TOGETHER WITH the south 30 feet of the Northeast quarter of Section 15 Township 23 North Range 5 East, W. M. adjacent thereto. Iofl 09/24/2008 8:58 AM 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 54 of 71 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician July 9, 2009 200 1:3,200 400 DFeet N Maplewood Heights Elementary Annexation Vicinity Map Produced by City of Renton (c) 2009, the City of Renton ail rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. V/A Maplewood Heights Elementary Annex \nmM j City Limits File Name: :\CED\Planning\GIS\GIS_projects\annexations\school_annex\ maplewood_heights_elem_annex\mxds\1_mapiewood_heights_elem_annex_vicinity_B&W.mxd 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (Council approved via 6/7/2010 Consent Agenda)Page 55 of 71 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW CHAPTER 22, SPECIAL EVENT PERMITS, TO PROVIDE FOR THE ISSUANCE OF PERMITS TO REGULATE SPECIAL EVENTS, AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add a new chapter 22, Special Event Permits, to read as follows: CHAPTER 22 SPECIAL EVENT PERMITS SECTIO 5-22-1 5-22-2 5-22-3 5-22-4 5-22-5 5-22-6 5-22-7 5-22-8 5-22-9 N: Purpose and Intent Definitions Special Events Committee Permit Required Application Conditions of Approval Appeal Procedure Indemnification Agreement Insurance 5-22-10 5-22-11 5-22-12 5-22-13 5-22-14 Cost Recoverv for Special Events Cleaning and Restoration Deposit Revocation of Permits Violation- Penaltv Savings Clause 9d. ‐ Special Events Ordinance (See 8.b.) Page 56 of 71 ORDINANCE NO. 5-22-1 PURPOSE AND INTENT: A. To provide for the issuance of special event permits to regulate events on the public streets and public property of the Citv, and private property where the event has potential to substantially impact traffic or public services; and B_ To provide for fees, charges, and procedures in order to recoup costs associated with the event and administration of the permit process. 5-22-2 DEFINITIONS: APPLICANT: The authorized agent of the organizer who completes the application and acts as primary contact for the special event. EVENT PARTICIPANT: A person in attendance at an event, including spectators, vendors, event staff, and Citv staff. PARADE: Any organized group marching or in a procession, whether on foot, animal, or vehicle. PERMIT: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. PRIVATE EVENT: An event which uses public property or the public right-of- way for the purpose of monetary or personal gain by any person, partnership, group, organization, company, or corporation or which is closed to the general public or on private property where the event has potential to substantially impact traffic or public services. 9d. ‐ Special Events Ordinance (See 8.b.) Page 57 of 71 ORDINANCE NO. PUBLIC EVENT: An event which is open to the public and does not meet the definition of private event. SPECIAL EVENT: Any function or gathering that is to be conducted on public property, on public right-of-ways, or on private property that will generate or invite considerable public participation and/or spectators, and mav have an impact on transportation, public services or public safety, for a particular and limited purpose and time. Including but not limited to: A_ Fun runs, roadway foot races, fundraising walks, auctions, bike-a-thons, car shows, parades, carnivals, shows or exhibitions, filming/movies, circuses, block parties, and fairs. B_ Planned events in a park or other public place if the event use requires or organizer requests the Citv to provide any public services in addition to those that would normally be provided in the absence of the event. C Any event held on private property that would have a direct substantial impact on traffic congestion or traffic flow to and from the event over public streets or right-of-ways near the event, or that would substantially impact the need for City-provided emergency services such as police, fire, or medical aid. P__ Events on private property involving an open invitation to the public to attend or events where the attendance is by private invitation and is expected to have occupant load exceeding three hundred (300) in a location that does not have a place of assemblv permit and is presumed to be an event that will have a 9d. ‐ Special Events Ordinance (See 8.b.) Page 58 of 71 ORDINANCE NO. direct substantial impact on the public streets, right-of-ways or emergency services. E_ Events involving political or religious activity intended primarily for the communication or expression of ideas. SUBSTANTIAL IMPACT: An outcome indicated when an event would preclude in whole or in significant part the public's normal and customary use of a park, public place, public sidewalk, driveway or roadway. SUBSTANTIAL PUBLIC SERVICES: A material increase in the amount, scope or level of necessary fire, police, traffic control, crowd control, or other public resources above those that would normally be required without the event. With respect to police resources, "substantial public services" means resources for crowd management or traffic control required for the event. It also includes instances where Fire and Emergency Services Department personnel are impacted by the volume of participants, or when environmental conditions are such that the impact to the crowds would be anticipated and that these conditions would reduce the effectiveness of on duty personnel requiring the recall of sufficient personnel to assist the participants as well as maintaining the required level of service to the City. USE: To construct, erect, or maintain in, on, over or under any street, right- of-way, park or other public place, building, structure, sign, equipment or scaffolding, or to alter any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the 9d. ‐ Special Events Ordinance (See 8.b.) Page 59 of 71 ORDINANCE NO. normal public use of any public street, right-of-way, park or other public place within the City, including a use related to special events. 5-22-3 SPECIAL EVENTS COMMITTEE: A. The Special Events Committee mav consist of representatives from City departments and/or other agencies and be under the lead of the Community Services Department Administrator or designee. B_ The Special Events Committee is responsible for: !_ Determining whether an event requires a special event permit pursuant to the guidelines established in this chapter. 2. Establishing terms and conditions and appropriate fees. 3. Approving, approving with conditions or denying the permits. 4_ Granting or granting with conditions, an exemption to the noise level regulations set forth in RMC 8-7 if the Committee determines that the special event is an event open to the general public and that the use of sound amplification equipment will not endanger the public's health, safety or property. 5__ Granting, or granting with conditions, an exemption to any of the business license regulations set forth in RMC 5-5 if the Committee determines that any of the activities associated with and sponsored by the special event are in conformance with all other applicable Citv regulations related to zoning, safety and property. 9d. ‐ Special Events Ordinance (See 8.b.) Page 60 of 71 ORDINANCE NO. 5-22-4 PERMIT REQUIRED: A. A special event permit is required for any special event as defined in this chapter. Either a special event permit or authorization shall be required in addition to any street or park use permit, or other regular permits as mav be required by ordinance. B_ Exemptions: A special event permit is not required for the following: !_ Parades, athletic events, or other special events that occur exclusively on Citv property and are conducted in full by the Citv of Renton. 2. Park facility rentals meeting rental requirements. 3__ Funeral procession by a licensed mortuary. 4. Gatherings of fifty (50) or fewer people in a Citv park, unless merchandise or services are offered for sale or trade. 5. Temporary and seasonal sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales. 6_ Garage sales and rummage sales. 7. Dances and other special events conducted by schools or churches when held on their property. 8_ The Community Services Department Administrator or designee mav authorize other exemptions where the proposed event meets the purpose and intent of this chapter without requiring additional project conditions or charges. 9d. ‐ Special Events Ordinance (See 8.b.) Page 61 of 71 ORDINANCE NO. Such exemptions mav include minor events with limited or no impacts to traffic or public services, such as small filming events. 5-22-5 APPLICATION: A. Applications for a special event permit must be filed with the City at least ninety (90) days prior to the date(s) on which the event is to occur. B. When a special event permit is required, the Special Events Committee shall advise the organizer of all other City permits that appear to be required for the event based on information contained in the application and assist the organizer in contacting other departments to apply for all other permits in a timely manner. C Complete Applications - Form and Content: The Community Services Department shall prescribe the form and content for complete applications made pursuant to this chapter. The requirements shall be made available to the public in a form that clearly explains what material must be submitted for an application to be considered complete. Certain submittal requirements mav be waived by the Administrator or designee, if the applicant can demonstrate that normally required information is not relevant to the proposed action and is not required to show that an application complies with applicable City codes and regulations. D. Waiver of Application Deadline: Upon a showing of good cause or at the discretion of the Special Events Committee, the Committee shall consider an application that is filed after the filing deadline if there is sufficient time to 9d. ‐ Special Events Ordinance (See 8.b.) Page 62 of 71 ORDINANCE NO. process and investigate the application and obtain police and other City services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and/or the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. E. Date of Special Event Not Confirmed Until Notice of Confirmation Issued: Notwithstanding the acceptance of a completed application, the date of the event shall not be considered confirmed until the Special Event Committee issues a written notice of confirmation or a special event permit. L Decision Criteria - Approval or Approval With Conditions: The Citv mav approve or approve with conditions the special event permit based on consideration of any one or any combination of the following factors: !_ The special event will not be materially detrimental to the public health, safety, or welfare nor injurious to property or improvements in the vicinity of the special event; or 2_ Adequate parking facilities and vehicle ingress, and egress will be provided to serve the special event and any existing uses on the site; or 3_ Hours of operation of the special event are specified, and will not adversely impact surrounding uses; or 4_ The special event will not cause noise, light, or glare that would materially impact surrounding uses: or 9d. ‐ Special Events Ordinance (See 8.b.) Page 63 of 71 ORDINANCE NO. 5. The applicant has obtained all other applicable permits, including required right-of-way use permits. G. Decision Criteria - Denial: The City mav deny the special event permit based on consideration of any one or any combination of the following factors: 1_ The applicant provides materially false or misleading information, fails to complete the application or to supply other required information or documents: or 2. The applicant is unable to comply with the requisite terms and conditions to obtain the permit: or 3_ The proposed event conflicts with another previously scheduled event or condition; or 4. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic or would present an unreasonable risk of injury or damage to the public or property. 5-22-6 CONDITIONS OF APPROVAL: A_ The Special Events Committee mav include as part of the special event permit, among other provisions, reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property and provide for the control of traffic. Conditions shall be based upon projected impacts on public safety, public places and public services, but shall not be based upon the programming 9d. ‐ Special Events Ordinance (See 8.b.) Page 64 of 71 ORDINANCE NO. content of the event or message that the proposed event mav convey or any other valid expression of rights under the First and Fourteenth Amendments. B_ The following types of conditions apply to all special event permits: 1_ Conditions concerning the time, place, and manner of the event proposed on the event application, including provisions for extensions of the permit: and 2_ Conditions concerning the area of assemblv and disbanding of an event; and 3_ Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or rights-of- way. C Other conditions that mav apply to special event permits include, but are not limited to: !_ Compliance with Citv traffic control plans and requirements for the use and rental of traffic cones, barricades, flaggers, or other requirements as identified. 2. Compliance with health and sanitary regulations. 3_ Plan for emergency treatment and evacuation of people who mav need such services, emergency communication, compliance with fire regulations concerning fire suppression equipment within structures and maintenance of unobstructed emergency passageways. 10 9d. ‐ Special Events Ordinance (See 8.b.) Page 65 of 71 ORDINANCE NO. 4_ Requirements for use of event monitors and providing notice of permit conditions to event participants. 5. Restrictions on the number and types of vehicles, animals or structures at the event. 6_ Inspection and approval of floats, structures, and decorated vehicles for fire safety. L Requirements related to animal protection. 8. Requirements for use of separate garbage and recycling containers, cleanup, and restoration of Citv property. 9. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws. 10. Notice to residents and/or businesses regarding any activity that would require a whole or partial street closure, including single-lane closures. 11. Restrictions on the sale and/or consumption of alcohol. 12. Elimination of an activity that cannot be mitigated to ensure public safety and welfare, or that causes property damage or undue liability to the City. 13. Requirements regarding the use of Citv personnel and equipment. 14. Requirement for provision of a plan for parking, car pooling, or use of public transportation. 11 9d. ‐ Special Events Ordinance (See 8.b.) Page 66 of 71 ORDINANCE NO. 5-22-7 APPEAL PROCEDURE: A. An applicant mav appeal the denial of a permit or any permit condition, by filing a written notice of appeal, accompanied by a fee of two hundred fifty dollars ($250) to the Citv Clerk within fourteen (14) days of the decision. B_ The notice of appeal shall specify the grounds for the appeal and applicant mav attach any relevant documents in support of the appeal. C An appeal under this Chapter shall be conducted by the Community Services Department Administrator or designee, who will issue a written decision regarding the appeal within ten (10) days. D_ The Administrator's decision mav then be appealed to the Citv of Renton's Chief Administrative Officer or designee. No new or additional evidence or testimony shall be accepted by the Chief Administrative Officer in this appeal. The Chief Administrative Officer shall give substantial weight to the decision made by the Community Services Department Administrator or designee. 5-22-8 INDEMNIFICATION AGREEMENT: Prior to the issuance of a special event permit, the Citv shall require the Applicant to execute a hold harmless and indemnity agreement and any other necessary waivers with the City. Applicant must further agree to reimburse the City for any costs incurred by it to repair damage to Citv property caused by Applicant's special event. 12 9d. ‐ Special Events Ordinance (See 8.b.) Page 67 of 71 ORDINANCE NO. 5-22-9 INSURANCE: A. The following insurance shall be required in connection with the issuance of a permit for a special event: one million dollars ($1,000,000) commercial general liability insurance per occurrence; combined single limits. Two million dollars ($2,000,000) aggregate, unless waived or modified by the City. B. The Citv Risk Manager is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the Citv as an additional insured on a non- contributory primary basis, shall be written for a period not less than twenty- four (24) hours prior to the event and extending for a period not less than twenty-four (24) hours following the completion of the event. C The Citv reserves the right to require other forms of insurance in addition to the commercial general liability, if the Citv Risk Manager determines that such additional form of insurance is necessary for the particular type of event. 5-22-10 COST RECOVERY FOR SPECIAL EVENTS: A_ A Special Event Application fee of fifty dollars ($50) per event is to be paid to the Citv of Renton at the time of application. This fee mav be waived if the applicant can show that the proposed event is in accordance with exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. 13 9d. ‐ Special Events Ordinance (See 8.b.) Page 68 of 71 ORDINANCE NO. B. Prior to the issuance of the special event permit the applicant will be provided an estimate for the cost of any necessary Citv personnel and/or equipment- City services and equipment mav include the use of police officers and public employees for traffic and crowd control, police, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services. These fees mav be in addition to other permit fees that mav be required. A special event permit will be issued when all fees have been paid and other permit obligations have been met unless otherwise provided in the conditions of approval. C If the actual cost for Citv services and equipment on the date(s) of the event is less than the estimated cost, the applicant will be refunded the difference by the Citv in a timely manner. If the actual cost for Citv services and equipment on the date(s) of the event is greater than the estimated cost, the applicant will be billed for the difference. 5-22-11 CLEANING AND RESTORATION DEPOSIT: The applicant mav be required to provide a cleaning and restoration deposit prior to the issuance of a special event permit. The cleaning and restoration deposit will be refunded after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. 14 9d. ‐ Special Events Ordinance (See 8.b.) Page 69 of 71 ORDINANCE NO. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost by the Citv for cleaning and restoration. The cleaning and restoration deposit shall be applied toward the payment of the City's actual cost for cleaning and restoration. 5-22-12 REVOCATION OF PERMITS: Any permit issued under this ordinance mav be revoked by the Citv at any time if, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the Citv determines the safety of the public or property requires such immediate revocation. The Citv mav also revoke any permit issued pursuant to this ordinance if the Special Event Committee finds that the permit has been issued based upon materially false information or if the event exceeds the scope of the permit or fails to comply with any condition of the permit. 5-22-13 VIOLATION - PENALTY: Failure to abide by any and all requisite conditions set forth in this chapter shall be an infraction subject to penalties and conditions of RMC 1-3-2. 5-22-14 SAVINGS CLAUSE: If any part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent iurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 15 9d. ‐ Special Events Ordinance (See 8.b.) Page 70 of 71 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1628:5/18/10:scr 16 9d. ‐ Special Events Ordinance (See 8.b.) Page 71 of 71