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Council 06/06/2011
AGENDA RENTON CITY COUNCIL REGULAR MEETING June 6, 2011 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Puget Sound Energy ‐ Home Energy Reports 4.PUBLIC HEARING a. City Center Community Plan 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 5/16/2011 and 5/23/2011. Council concur. b. Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls (position previously held by Linda Middlebrooks) and Brook Lindquist (position previously held by Fred Lund). Refer to Community Services Committee. c. Mayor Law reappoints the following individuals to the Planning Commission for terms expiring on 6/30/2014: Kevin Poole and Michael O'Halloran. Council concur. d. Mayor Law reappoints the following individuals to the Airport Advisory Committee for three‐ year terms expiring 5/7/2014: Matthew Devine (Talbot Hill, alternate); Robert Moran (South Renton, primary); Michael Rice (Airport Leaseholders, primary); Jennifer Ann Rutkowski (Talbot Hill, primary); and Keith Searles (The Boeing Company). Council concur. e. City Clerk reports receipt of 60% Petition to Annex for the Gaile Annexation, approximately 43.6 acres located in the vicinity of SE 160th Pl. and 131st Pl. SE. Information. f. City Attorney Department recommends amending RMC 4‐10‐050 regarding Legal Nonconforming Structures, Uses and Lots as related to City property acquisition. Refer to Planning and Development Committee. g. Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Daljit Singh Gill and Hardip Singh Gill for sewer Page 1 of 249 main extension along NE 7th Pl. between Field Ave. NE and Hoquiam Ave. NE; and requests authorization to finalize the agreement per City code. Refer to Utilities Committee. h. Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the proposed Sterling Annexation and recommends a public meeting be set on 6/20/2011 to consider the petition; 36.6 acres in the East Renton Plateau Potential Annexation Area, bordered by SE 120th St. (NE 8th St.) on the north, 156th Ave. SE, if extended, on the east, and SE 128th St. (NE 4th St.) on the south. Council concur. i. Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a public hearing be set on 6/20/2011 to consider the petition; 16.3 acres bordered on the north by SE 132nd St., on the east by approximately 164th Ave. SE, on the south by SE 134th St., and on the west by 160th Ave. SE. Council concur. j. Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Council concur. (See 9.a. for resolution.) k. Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Department of Homeland Security Emergency Management Performance Grant funds in the amount of $95,355.82, to support the emergency management program. Council concur. l. Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to complete engineering services for Phase I of the Taxiway Bravo Rehabilitation project. Refer to Transportation (Aviation) Committee. 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: Sunset Area Planned Action, Surface Water Master Plan & Comprehensive Plan Amendments* b. Finance Committee: Vouchers, Human Resources Analysts Reclassifications, Lease of Suite 410 at 200 Mill Building 9.RESOLUTIONS AND ORDINANCES Resolution: a. Commencement of franchise renewal proceedings with Comcast (See 7.j.) Ordinances for first reading: a. Sunset Area Planned Action (See 8.a.) b. Sunset Area Surface Water Master Plan (See 8.a.) c. Sunset Area Comprehensive Plan Amendments (See 8.a.) Ordinances for second and final reading: a. Rezone of former Fire Station 13 property (1st reading 5/16/2011) b. Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) c. Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) d. Inactive Land Use Applications ‐ Title IV Docket #D‐59 (1st reading 5/16/2011) e. Subdivision Extension Approvals ‐ Title IV Docket #D‐62 (1st reading 5/16/2011) Page 2 of 249 f. Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011) g. Land Use Applications & SEPA Mitigation Conditions Appeal Limits ‐ Title IV Docket #D‐64 (1st reading 5/16/2011) h. Dangerous dogs appeal process code amendment (1st reading 5/16/2011) 10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.EXECUTIVE SESSION (property acquisition) 13.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS June 6, 2011 Monday, 5:00 p.m. Legislative Post‐Session Report; Sunset Area Planned Action, Surface Water Master Plan & Comprehensive Plan Amendments; Shoreline Master Program ‐ topic canceled • 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 3 of 249 4a. ‐ City Center Community Plan Page 4 of 249 4a. ‐ City Center Community Plan Page 5 of 249 4a. ‐ City Center Community Plan Page 6 of 249 4a. ‐ City Center Community Plan Page 7 of 249 4a. ‐ City Center Community Plan Page 8 of 249 4a. ‐ City Center Community Plan Page 9 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appointments to Municipal Arts Commission Meeting: Regular Council - 06 Jun 2011 Exhibits: Applications for Boards-Commissions-Committees Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Refer to Community Services Committee 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: Mayor Law appoints the following to the Municipal Arts Commission: Mr. Bill Hulls, 3120 E Ames Dr NE, Redmond WA 98053, for term expiring on 12/31/13 (formerly held by Linda Middlebrooks) Ms. Brook Lindquist, 5301 Talbot Rd S, Apt S-101, Renton WA 98055, for a term expiring on 12/31/13 (formerly held by Fred Lund) STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Mr. Bill Huls and Ms. Brook Lindquist to the Municipal Arts Commission 7b. ‐ Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls Page 10 of 249 7b. ‐ Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls Page 11 of 249 7b. ‐ Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls Page 12 of 249 7b. ‐ Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls Page 13 of 249 7b. ‐ Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls Page 14 of 249 7b. ‐ Mayor Law appoints the following individuals to the Municipal Arts Commission, for unexpired terms expiring 12/31/2013: Bill Hulls Page 15 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Reappointments to Planning Commission Meeting: Regular Council - 06 Jun 2011 Exhibits: None Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor 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: Mayor Law appoints the following to the Planning Commission: Mr. Kevin Poole, 627 High Ave S, Renton, WA 98057, for a term that expires on 6/30/14. Mr. Michael O'Halloran, 4420 SE 4th St, Renton, WA 98059, for a term that expires on 6/30/14. STAFF RECOMMENDATION: Concur with Mayor Law's reappointment of Mr. Kevin Poole and Mr. Michael O'Halloran to the Planning Commission. 7c. ‐ Mayor Law reappoints the following individuals to the Planning Commission for terms expiring on 6/30/2014: Kevin Poole and Michael Page 16 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Reappointments to Airport Advisory Committee Meeting: Regular Council - 06 Jun 2011 Exhibits: None Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor 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: Mayor Law reappoints the following to the Airport Advisory Committee: Mr. Matthew Devine, 527 S 28th St, Renton WA 98055 (Neighborhood Representatives, Talbot Hill, Alternate Position) for a term expiring on 5/7/14 Mr. Robert Moran, 425 Wells Ave S, Renton WA 98057 (Neighborhood Representatives, South Renton, Primary Position) for a term expiring on 5/7/14 Mr. Michael Rice, 300 Airport Way S, #100, Renton WA 98057 (Airport Leaseholders, Primary Position) for a term expiring on 5/7/14 Ms. Jennifer Ann Rutkowski, 515 S 47th St, Renton WA 98055 (Neighborhood Representatives, Talbot Hill, Primary Position) for a term expiring on 5/7/14 Mr. Keith Searles, The Boeing Company, PO Box 3707 MC 9U*LW, Seattle WA 98124 (The Boeing Company) for a term expiring on 5/7/14 STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Mr. Matthew Devine, Mr. Robert Moran, Mr. Michael Rice, Ms. Jennifer Ann Rutkoski, and Mr. Keith Searles to the Airport Advisory Committee. 7d. ‐ Mayor Law reappoints the following individuals to the Airport Advisory Committee for three‐year terms expiring 5/7/2014: Matthew Page 17 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 60% Petition to Annex; Gaile Annexation; File A- 11-001 Meeting: Regular Council - 06 Jun 2011 Exhibits: City Clerk Memo 5/25/2011 60% Petition to Annex (pages 1-3 of 21) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie Walton, City Clerk, x6502 Recommended Action: None; Information Only Fiscal Impact: Expenditure Required: $ n/a Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: On May 24, 2011, a 60% Petition to Annex, as authorized by City Council on April 4, 2011, was filed with the City Clerk by Robert Harlan. In accordance with RCW 35A.01.040(8) the petition was thereafter submitted to King County for certification of sufficiency. After certification of legal sufficiency of this petition has been received from King County, a public hearing before the City Council will be set to consider the petition. The Gaile annexation area consists of approximately 43.6 acres located in the vicinity of SE 160th Place and 131st Place SE, north of Lindbergh High School and east of 128th Ave. SE. STAFF RECOMMENDATION: None; Information Only 7e. ‐ City Clerk reports receipt of 60% Petition to Annex for the Gaile Annexation, approximately 43.6 acres located in the vicinity of SE 160th Page 18 of 249 EXECUTIVE DEPARTMENT Office of the City Clerk M E M O R A N D U M DATE:May 25, 2011 TO:Alex Pietsch, CED Department Administrator FROM:Bonnie Walton, City Clerk, x6502 SUBJECT:Gaile 60% Petition to Annex - File A-11-001 ______________________________________________________________________________ A Petition to City Council as referenced was received in this office yesterday afternoon, as submitted by Robert Harlan. In accordance with RCW 35A.01.040(4), the officer certifying the petition must begin determining the Petition’s sufficiency within 3 business days of filing, and must file with the officer receiving the petition a certificate stating the date the determination of legal sufficiency was begun. I attach copy of the petition so that you may expedite submission to King County to commence this process. Once King County has started the determination process, please sign and return a form entitled Certificate of Commencement of Determination of Sufficiency, example of which you have on file, for this particular annexation. According to RCW, the determination of petition sufficiency must be completed “with reasonable promptness.” As soon as received, the original Certification(s) of Sufficiency from King County should be filed with the City Clerk. At that time, CED can also prepare the agenda bill for the purpose of setting the public hearing date, and should attach the issue paper, copy of the Certificate of Sufficiency and copy of the Petition to Annex to the agenda bill. If you have concerns or questions, please feel free to contact me. bw Attachment cc: Angie Mathius 7e. ‐ City Clerk reports receipt of 60% Petition to Annex for the Gaile Annexation, approximately 43.6 acres located in the vicinity of SE 160th Page 19 of 249 7e. ‐ City Clerk reports receipt of 60% Petition to Annex for the Gaile Annexation, approximately 43.6 acres located in the vicinity of SE 160th Page 20 of 249 7e. ‐ City Clerk reports receipt of 60% Petition to Annex for the Gaile Annexation, approximately 43.6 acres located in the vicinity of SE 160th Page 21 of 249 7e. ‐ City Clerk reports receipt of 60% Petition to Annex for the Gaile Annexation, approximately 43.6 acres located in the vicinity of SE 160th Page 22 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Ordinance Amending 4-10-050, Legal Nonconforming Structures, Uses and Lots Meeting: Regular Council - 23 May 2011 Exhibits: Ordinance Submitting Data: Dept/Div/Board: City Attorney Staff Contact: Larry Warren, x6484 Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Rainier Avenue condemnation proceeding will affect one existing building, resulting in a conforming structure becoming nonconforming. This issue may also arise with other structures in the Rainier Avenue corridor or in future acquisitions by the City. This problem is alleviated by the proposed amendment to RMC 4-10-050 so that any structure made nonconforming by the City acquiring an interest in the real propety by condemnation or otherwise, shall still be a conforming structure after the taking. The reason for this amendment is fundamental fairness to property owners who have conforming structures on their real property which are only rendered nonconforming due to the City acquiring an interest in the property. STAFF RECOMMENDATION: Adopt the ordinance amending RMC 4-10-050, Legal Nonconforming Structures, Uses and Lots. 7f. ‐ City Attorney Department recommends amending RMC 4‐10‐050 regarding Legal Nonconforming Structures, Uses and Lots as related to Page 23 of 249 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-10-050 OF CHAPTER 10, LEGAL NONCONFORMING STRUCTURES, USES AND LOTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, BY ADDING AN EXEMPTION FOR NONCONFORMING STRUCTURES WHEN THE NONCONFORMITY IS CREATED BY THE CITY’S ACQUISITION OF PROPERTY AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Section 4-10-050, Nonconforming Structures, of Chapter 10, Legal Nonconforming Structures, Uses and Lots, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended to add a new subsection C to be titled “Exemption Due to City Acquisition”, to read as follows: C. EXEMPTION DUE TO CITY ACQUISITION: No structure shall be considered nonconforming when the nonconformity would be created by the City’s acquisition of an interest in the property that creates the nonconformity, such as through condemnation for a road widening. For the purposes of this exemption, signs shall not be considered a conforming structure. SECTION II. The City Council hereby declares an emergency and this ordinance shall be effective immediately upon adoption. 7f. ‐ City Attorney Department recommends amending RMC 4‐10‐050 regarding Legal Nonconforming Structures, Uses and Lots as related to Page 24 of 249 ORDINANCE NO. ________ 2 PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1715:5/18/11:scr 7f. ‐ City Attorney Department recommends amending RMC 4‐10‐050 regarding Legal Nonconforming Structures, Uses and Lots as related to Page 25 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Approval for the Latecomer’s Agreement Request for Sanitary Sewer Extension along NE 7th Pl between Field Ave NE and Hoquiam Ave NE. (Daljit Singh Gill and Hardip Singh Gill, Petitioners) File: LA-09-001 Meeting: Regular Council - 23 May 2011 Exhibits: Issue Paper Final Latecomer's Agreement Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Arneta Henninger, x-7298 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Exhibits Continued: Legal Description - Exhibits A-C Final Notice Vicinity Map Final Assessment Roll City Code allows the City to grant a latecomer agreement when sanitary sewer facilities are installed by a developer, in order to ensure that each property benefiting from the new facility be assessed its fair share of the costs. On June 1, 2009, Council granted preliminary approval of a latecomer (LA-09-001) request to Daljit Singh Gill and Hardip Singh Gill. Following construction and the determination of actual costs, staff presents the latecomer agreement for final approval by Council. Daljit Singh Gill and Hardip Singh Gill have installed the agreed upon improvements and transferred title of these improvements to the City. The final authorized cost is $93,861.32. STAFF RECOMMENDATION: Grant a final 15-year latecomer agreement (LA-09-001) to Daljit Singh Gill and Hardip Singh Gill for a sanitary sewer main extension along NE 7th Pl between Field Ave NE and Hoquiam Ave NE and authorize staff to finalize the latecomer agreement per City Code. 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 26 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 27 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 28 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 29 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 30 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 31 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 32 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 33 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 34 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 35 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 36 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 37 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 38 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 39 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 40 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 41 of 249 7g. ‐ Community and Economic Development Department requests final approval of the 15‐year Singh Gill latecomer agreement requested by Page 42 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Sterling Annexation - 10% Notice of Intention Meeting: Regular Council - 06 Jun 2011 Exhibits: Issue Paper Fiscal Analysis 10% Petition Map Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias x6576 Recommended Action: Council concur to set public meeting. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The petitioners submitted this petition to the City Clerk on April 26, 2011. The proposed 36.6-acre annexation site is located in Renton’s Potential Annexation Area, abutting the eastern portion of the current City limits. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request. STAFF RECOMMENDATION: Set June 20, 2011 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Sterling Annexation. 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 43 of 249 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:June 6, 2011 TO:Terri Briere, Council President City Councilmembers VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator STAFF CONTACT:Angie Mathias, x6576 SUBJECT:Proposed Sterling Annexation – 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex 36.6-acres for the proposed Sterling Annexation area by the direct petition method. State law requires that the Council hold a public meeting with the annexation proponents within 60 days of receipt of a 10% Notice of Intent petition. The purpose of the meeting is for Council to decide whether to accept or reject the proposal and whether to require the simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the proposed annexation is successful. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition. If Council concurs, the Administration recommends that it take the following actions (pursuant to RCW 35A.14.120): ·Accept the 10% Notice of Intent to Commence Annexation petition; and ·Authorize the circulation of a 60% Direct Petition of Annex for the 36.6-acre area; and ·Require that property owners within the proposed annexation area accept City of Renton zoning that is consistent with the City’s Comprehensive Plan land use designation. BACKGROUND SUMMARY: The proposed 36.6-acre Sterling Annexation is located at the eastern portion of the City limits in the East Renton Plateau area. The Sterling Annexation Area is bordered to the north by the Urban Growth Boundary, to the east by 156th Avenue Southeast if extended, to the south by Northeast 4th Street, and to the west by parcels lines. 1.Location: The proposed 36.6-acre Sterling Annexation is bordered by the existing eastern edge of the City limits in the East Renton Plateau area. 2.Assessed value: The 2011 assessed valuation of the subject annexation site is $24,684,900. 3.Natural features: The area is topographically level with slopes of approximately 3.5% 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 44 of 249 Proposed Sterling Annexation 10% Notice of Intent Page 2 of 5 over the length of the area. 4.Existing land uses: There are 88 single-family residences and vacant residential property. 5.Existing zoning: Existing King County zoning is R-4. This area was prezoned by the City of Renton as part of the East Renton Plateau pre-zoning. City of Renton Ordinance #5254 prezoned the area with R-4 zoning; this zoning will become effective upon annexation. 6.Comprehensive Plan: Renton’s Comprehensive Plan designates the subject annexation site as Residential Low Density (RLD). 7.School District: The Sterling Annexation area is in the Issaquah School District. 8.Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems and presents no foreseeable problems. Specific comments follow: Water Utility. The subject site is located within Water District No. 90’s water service area by agreement under the coordinated water system plan. A certificate of water availability from District 90 will be required prior to the issuance of development permits within the subject area, following annexation to the City. It is expected that developer extensions of District No. 90’s water mains will be required to provide service for fire protection and domestic use within the annexation area. The proposed area will not generate need for additional City employees because it is within Water District No. 90. Wastewater Utility. The area is within the Renton wastewater service area and is currently served with sewer service by the City. The annexation does not present any problems for the utility. Parks. The Community Services department indicated that the annexation represents a logical extension of the services provided by their department. Staff noted that the area is currently underserved with Renton parks and recreation. However, there are King County’s Coal Field Park is adjacent to the site. Staff noted that it is not anticipated that the City would incur additional expenses as a result of this annexation. Police. The Police Department did not indicate any concerns regarding this proposed annexation. Fire. Renton Fire and Emergency Services currently provide fire and emergency services to the area under a contract with District #25. Staff indicated that an additional fire hydrant should be installed at the corner of 155th Avenue SE and SE 124th Street. Surface Water. Future development will be required to comply with the City’s Surface Water Design Manual and the Flow Control Duration Matching Forested Site Conditions should be applied, as well. The annexation is a logical extension of the 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 45 of 249 Proposed Sterling Annexation 10% Notice of Intent Page 3 of 5 services provided by the division. Any future development within the area would require additional public storm system construction and would require additional resources for maintenance of such infrastructure. Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. Staff indicated that additional Transportation Systems staff would not be required and that the annexation represents a logical extension of services. Staff indicated that dedication of right-of-way on NE 4th Street will be required to accommodate the adopted NE 3rd/NE 4th Street Corridor Improvement Plan. The roadways in the area have not been constructed to include curb, gutter, and sidewalks, which is the current Renton development standard for roadways. If the area was to be improved with curb, gutter, and sidewalks in the future acquisition of right-of-way may be required. Also, roadway pavement width and thickness do not meet current Renton standards. The area does have street lighting, but it does not meet current Renton Standards. Energy costs associated with existing and new street lighting, existing and new traffic control signage, and pavement markings would be incurred by the City, but should not be a financial burden. Staff indicated that the City would assume ownership and responsibility of all existing streets in the area. Public Works Maintenance. The annexation does not present any problems for the Department and it represents a logical extension of their services. Staff noted that the area includes approximately one mile of roadway and that they currently are staffed to have one employee per eleven miles of roadway. Building. The Building section did not indicate any concerns regarding the proposed annexation. Planning. The Planning section did not indicate any concerns regarding the proposed annexation and stated that the annexation represents a logical extension of their services. Staff noted that the annexation does not present an increased need for City staff, but does represent an incremental increase in inquiries made. ANALYSIS OF THE PROPOSED ANNEXATION: 1.Consistency with the Comprehensive Plan: Renton’s Comprehensive Plan annexation policies support this proposed annexation. The subject site is within the City’s Potential Annexation Area, is subject to development pressure that might benefit from City Development Standards, and is land that is available for urbanization under the King County Comprehensive Plan, zoning, and subdivision regulations (Policy LU-38). Additionally, as Policy LU-36 states, the City recognizes “that it has an inherent interest in future land use decisions affecting its Potential Annexation Area”. 2.Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a.Preservation of natural neighborhoods and communities; 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 46 of 249 Proposed Sterling Annexation 10% Notice of Intent Page 4 of 5 The proposed annexation would cause no disruption to the larger community. b.Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The subject site is bounded on its western portion by existing City limits and uses streets or parcel lines for the other boundaries. c.Creation and preservation of logical service areas; Water and sewer service boundaries will not change as a result of this annexation. The Sterling Annexation Area is in the Issaquah School District. The school district boundaries will not change, the area will remain in the Issaquah School District. Renton will take over police service for the 36.6-acres upon annexation; the King County Sheriff’s Department currently provides police protection to the area. Renton Fire and Emergency Services currently provide service under contract to Fire District #25 which serves the area. Pursuant to state law, there will be no change in the garbage service provider for at least seven years. d.Prevention of abnormally irregular boundaries; This annexation does not have irregular boundaries. e.Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. No incorporations are proposed in this area. f.Dissolution of inactive special purpose districts; Not applicable. There are no inactive special purpose districts here. g.Adjustment of impractical boundaries; Not applicable. h.Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; King County has designated this area for urban development because of its location within the Urban Growth Boundary. The County has also indicated that it wants to divest itself from providing urban services to these unincorporated urban areas by turning them over to cities as quickly as possible. Because the subject annexation site is within Renton’s PAA and not in an area under consideration for incorporation, annexation is appropriate at this time. i.Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed annexation are rural or designated for long term productive agricultural use in the King County or Renton Comprehensive Plans. 3.A fiscal analysis for the proposed annexation is attached. This fiscal analysis is in the process of being revised, the attached represents the work to date. However, revisions may be made in the future. The fiscal analysis indicates that the proposed annexation 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 47 of 249 Proposed Sterling Annexation 10% Notice of Intent Page 5 of 5 would represent $110,327 in revenue to the Operating Fund and $53,991 in costs. Additionally, it is anticipated that the annexation would represent $16,805 in revenues to the Capital and Enterprise Funds and $6,009 in costs. CONCLUSION: The proposed Sterling Annexation is consistent with relevant County and City annexation policies, as well as most Boundary Review Board objectives for annexation. The proposed Annexation is consistent with relevant County and City annexation policies, as well as applicable Boundary Review Board objectives for annexation. The staff that reviewed the proposed annexation for each department did not identify any major impediments to the provision of City services to the area or indicate that they feel the annexation is untimely. 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 48 of 249 STERLING ANNEXATION FISCAL ANALYSISHousing Units PopulationCurrent88238Year 10 112 302Assumption:2.7 Persons per single family household Operating Fund Revenues Total Revenues 2011 Rate Existing Year 10 Existing $110,327.26 Regular levy 2.83207 $69,909.36 $97,311.25 Year 10 $157,037.46 Assumption:$24,684,900.00 Base year taxable value of area State Shared Revenues Per Capita Existing Year 10 Liquor tax $4.61 $1,095.34 $1,394.06 Liquor Board profits $7.44 $1,767.74 $2,249.86 Fuel Tax $12.73 $3,024.65 $3,849.55 Art St Fuel Tax $6.79 $1,613.30 $2,053.30 Criminal justice $2.19 $520.34 $662.26 Total $33.76 $8,021.38 $10,209.02 Miscellaneous Revenues Per Capita Existing Year 10 Sales Tax, CJ $19.84 $4,713.98 $7,492.70 Utility tax $76.39 $18,151.21 $28,850.66 Fines & forfeits $13.96 $3,316.90 $4,221.50 Permit $15.35 $1,823.58 $2,320.92 Plan Review $9.24 $1,097.71 $1,397.09 Franchise Fees $13.86 $3,293.14 $5,234.31 Business Licences n/a n/a n/a Total $148.64 $32,396.52 $49,517.18 Assumptions:0.5 Discount to Permit and Plan Review revenue 2.7%Annual population/housing unit growth rate based on capacity for new housing in area 2.5%Annual inflation for revenues Page 1 of 3 7 h . ‐ C o m m u n i t y a n d E c o n o m i c D e v e l o p m e n t D e p a r t m e n t s u b m i t s 1 0 % N o t i c e o f I n t e n t t o C o m m e n c e A n n e x a t i o n P r o c e e d i n g s p e t i t i o n f o r t h e P a g e 4 9 o f 2 4 9 STERLING ANNEXATION FISCAL ANALYSIS Operating Fund CostsPer Capita Driver Per Capita Existing Year 10ExecutiveCommunications (Print Shop)Population $1.57 $373.03 $635.89Hearing Examiner New Development $1.67 $395.73 $674.59 Total CostsCity Attorney Criminal Prosec.$3.10 $736.56 $1,255.59 Existing $53,990.96Court Services Population $15.34 $3,644.78 $6,213.12 Year 10 $86,520.04 Community and Econ Dev Econ Dev Commercial SqFt Planning Population $8.03 $1,907.93 $3,252.37 Dev. Services Population $23.21 $5,514.70 $9,400.69 Community Services Human Services Population $5.69 $1,351.94 $2,304.61 Special Events/Neigh.Population $2.41 $572.62 $976.12 Parks Planning, Nat Res.Population $1.92 $456.19 $777.65 Fire Comm Risk Reduction Population Total $62.94 $14,953.48 $25,490.63 Per Acre/Mile/Call for Service Driver Per Acre/ Mile/Call Existing Year 10 Community Services Parks Park Acreage $2,497.03 $0.00 $0.00 PBPW Street Maint Feet of Roadway $2.23 $12,766.75 $17,099.49 Transportation Systems Feet of Roadway $0.30 $1,693.65 $2,268.44 Police Patrol, Operations, Invest, and Jail Calls for Service $268.10 $17,034.18 $28,803.38 Valley Comm Calls for Service $26.50 $2,192.08 $3,736.76 Fire Emergency Response Calls for Service Total n/a $33,686.66 $51,908.07 Per FTE Driver Existing Year 10 Community Services Facilities FTE's $2,751.89 $4,691.04 Finance & IS IS FTE's $1,516.37 $2,584.90 HR Admin FTE's $363.09 $618.95 Risk Reduction FTE's $719.46 $1,226.44 Total $5,350.82 $9,121.33 Net Operating Fiscal Impact Assumptions:3.3%Annual increase in costs Existing $56,336.30 0 Acres of parks in area Year 10 $70,517.42 5,725 Existing linear feet of roadway 5,725 Year 10 linear feet of roadway No commercial SF in area In FD #25, already serve In FD #25, already serve Page 2 of 3 7 h . ‐ C o m m u n i t y a n d E c o n o m i c D e v e l o p m e n t D e p a r t m e n t s u b m i t s 1 0 % N o t i c e o f I n t e n t t o C o m m e n c e A n n e x a t i o n P r o c e e d i n g s p e t i t i o n f o r t h e P a g e 5 0 o f 2 4 9 STERLING ANNEXATION FISCAL ANALYSIS Capital and Enterprise Funds Real Estate Excise Tax Total RevenuesPer Capita Existing Year 10 Existing $16,805.18Revenue$24.64 $5,854.46 $9,305.45 Year 10 $66,793.11 Public Works - Surface Water Per Housing Unit Existing Year 10 Rate Revenue $124.44 $10,950.72 $17,405.75 Maintenance and Utility Costs -$68.28 -$6,008.89 -$10,243.13 Balance $56.16 $4,941.83 $7,162.62 Public Works - Waste Water Per Housing Unit Existing Year 10 Total Costs Rate Revenue $286.56 n/a $40,081.91 Existing $6,008.89 Wastewater Maint. and Utility Costs -$156.06 n/a -$23,410.80 Year 10 $33,653.93 Balance $130.50 n/a $16,671.11 Public Works - Water Per Housing Unit Existing Year 10 Water Maint. and Utility Assumptions:Area not currently served with sewer service, service will occur with development 3.3%Annual increase in costs 88 Existing housing units 112 Year 10 housing units Capital & Enterprise Balance 2.7%Annual population/housing unit growth rate based on capacity for new housing in area Existing $10,796.29 2.5%Annual inflation Year 10 $33,139.18 Served by Water Dist 90 Page 3 of 3 7 h . ‐ C o m m u n i t y a n d E c o n o m i c D e v e l o p m e n t D e p a r t m e n t s u b m i t s 1 0 % N o t i c e o f I n t e n t t o C o m m e n c e A n n e x a t i o n P r o c e e d i n g s p e t i t i o n f o r t h e P a g e 5 1 o f 2 4 9 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 52 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 53 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 54 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 55 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 56 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 57 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 58 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 59 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 60 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 61 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 62 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 63 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 64 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 65 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 66 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 67 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 68 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 69 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 70 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 71 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 72 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 73 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 74 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 75 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 76 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 77 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 78 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 79 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 80 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 81 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 82 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 83 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 84 of 249 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 85 of 249 1 5 5 t h A v e S E 1 5 6 t h A v e S E R o s a r i o P l N E P a s c o P l N E 1 5 8 t h A v e S E S E 1 2 4 t h S t NE 7th Ct P a s c o D r N E NE 4th St SE 120th St NE 6th St NE 3rd Ct 1 6 0 t h A v e S E 1 5 5 t h A v e S E 1 6 0 t h A v e S E 1 6 0 t h A v e S E File: H:\CED\Planning\GIS\GIS_projects\complan_amendment\2011\cpa11_m06\Mxds\cpa11_m06_existing_complan.mxd SterlingProposed Annexation May 3, 2011 0 650325Feet1:2000 ´ Area Boundary Vicinity Map 7h. ‐ Community and Economic Development Department submits 10% Notice of Intent to Commence Annexation Proceedings petition for the Page 86 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Tess Annexation - Acceptance of 60% Petition Meeting: Regular Council - 06 Jun 2011 Exhibits: Issue Paper 60% Direct Petition King County Certificate Map Fiscal Analysis Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias x6576 Recommended Action: Council concur to set Public Hearing. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Council received a 60% Direct Petition to Annex on December 16, 2010, to annex approximately 16.3-acres of unincorporated King County located within Renton’s Potential Annexation Area. The proponent’s petition has been certified by King County as having signatures representing at least 60% of the area’s assessed valuation. Under State law, the Council is required to hold a public hearing to consider the annexation petition and the zoning in order to provide interested parties the opportunity to speak. Following the public hearing, Council may approve the annexation of all or any portion of the area proposed for annexation. The site is currently designated Residential Low Density (RLD) on the City’s Comprehensive Plan Land Use Map. The area was prezoned R-4 (allowing four dwelling units per net acre) as part of the East Renton Plateau prezone (Ordinance #5254). The Administration is also seeking authorization to forward the Notice of Intent Package to the Boundary Review Board if Council decides to accept the 60% Direct Petition. STAFF RECOMMENDATION: Set June 20, 2011, for a public hearing to consider the 60% Direct Petition and proposed zoning for the Tess Annexation and to authorize the Administration to forward the Notice of Intent package to the Boundary Review Board for King County. 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 87 of 249 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:June 6, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator x6592 STAFF CONTACT:Angie Mathias, Senior Planner x6576 SUBJECT:Tess Annexation - Acceptance of 60% Direct Petition to Annex ISSUES: Should the City Council accept the 60% Direct Petition to Annex from the Tess Annexation Area now that the petition has been certified by the King County Department of Assessments? If the City Council accepts the 60% Direct Petition, should the Administration be directed to forward the Notice of Intent package for this annexation to the Boundary Review Board? RECOMMENDATION: ·Council accept the 60% Direct Petition to Annex the 16.3-acre Tess Annexation site; ·Council authorize the Administration to forward the Notice of Intent for the Tess Annexation to the Boundary Review Board for King County for their review. BACKGROUND SUMMARY: At its February 7, 2011 public meeting, Council accepted the 10% Notice of Intent to Commence Annexation petition and authorized the circulation of a 60% Direct Petition to Annex. City of Renton departments reviewed the annexation proposal and all staff reported that the annexation represents a logical extension of their respective services and systems. There were no issues identified that would impede the annexation. A more detailed discussion of this proposed annexation and review comments are contained in the Department’s February 7, 2011, Tess Annexation 10% Notice of Intent issue paper. Zoning The Comprehensive Plan Land Use Map designation for the annexation area is Residential Low Density (RLD). The area was prezoned Residential Four Dwelling Units per net Acre (R-4) as part of the East Renton Prezone (Ordinance #5254). The R-4 zoning will become effective at the time of annexation. 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 88 of 249 Terri Briere, Council President Page 2 of 2 June 6, 2011 Page 2 of 2 Revised Fiscal Analysis At the direction of Council, Staff has been working on revising the methodology andassumptions used to analyze the fiscal impact a proposed annexation is anticipated tohave on the City. Many revisions have been made to the analysis to try to moreaccurately reflect the financial impacts an annexation may have upon the City. One of the principal changes made is to evaluate departmental costs based on what “drives” that cost. For example, the cost of an annexation area to the City for police service is driven by calls for service. Costs for street maintenance are driven by the lane miles within the area. There are also now more City divisions included in the cost analysis. For example, costs to provide human services, special events and neighborhoods, as well as parks planning and natural resources have been added. The costs estimates are based on the 2011 budget and the official Census population figure (90,927). An effort was made to not include costs associated with staffing positions unlikely to be impacted by small incremental annexations, e.g. supervisors, directors, etc. The revenues for the analysis are derived from the 2011 budget assumptions specifically associated with the Benson Hill area. Finally, factors for inflation to both revenues and costs have been added. The fiscal analysis is continuing to be refined and has been circulated to departments for their review. Fiscal analysis for the Tess annexation using the revised model is attached. CONCLUSION: The proposed Tess Annexation has been certified as having sufficient signatures representing at least 60% of the area’s assessed value. It also has reasonable boundaries and appears to comply with Boundary Review Board objectives. Reviewing staff raised no objections to this annexation. The proposed Tess Annexation furthers the City’s Business Plan goals and is in the general welfare and interest of the City. The Administration recommends the Council accept the 60% Direct Petition and authorize staff to forward the Notice of Intent package to the Boundary Review Board for King County. 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 89 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 90 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 91 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 92 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 93 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 94 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 95 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 96 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 97 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 98 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 99 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 100 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 101 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 102 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 103 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 104 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 105 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 106 of 249 1 6 0 t h A v e S E SE 135th St 1 5 8 t h A v e S E SE 132nd St SE 131st St SE 133rd Pl SE 132nd Pl SE 134th St Private Rd SE 131st Pl SE 134th Pl 1 6 2 n d A v e S ESE 131st Ln 1 6 4 t h A v e S E 1 6 3 r d A v e S E 1 5 8 t h A v e S E 1 6 2 n d A v e S E Private Rd S E 1 3 2 n d S t Private Rd Tess AnnexationVicinity Map File Name: :\CED\Planning\GIS\GIS_projects\annexations\tess_annex\mxds\1_tess_annex_vicinity.mxd Annexation BoundaryCity LimitsParcels February 7, 2011 Ken tKent Tu k w i l aTukwila S e a t t l e S e a t t l e N e w c a s tl eNewcastle BellevueBellevue M er cer Is l a n dMercer Isl a nd´0 620310Feet1:3,200 7 i . ‐ C o m m u n i t y a n d E c o n o m i c D e v e l o p m e n t D e p a r t m e n t s u b m i t s 6 0 % P e t i t i o n t o A n n e x f o r t h e p r o p o s e d T e s s A n n e x a t i o n a n d r e c o m m e n d s a P a g e 1 0 7 o f 2 4 9 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 108 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 109 of 249 7i. ‐ Community and Economic Development Department submits 60% Petition to Annex for the proposed Tess Annexation and recommends a Page 110 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Commencing formal renewal proceedings with Comcast under the Federal Cable Communications Policy Act of 1984, as amended Meeting: Regular Council - 23 May 2011 Exhibits: Comcast Letter Resolution Submitting Data: Dept/Div/Board: Executive Staff Contact: Marty Wine, Asst. CAO (x6526) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The City of Renton grants Comcast the right to operate and provide cable television services within the City through a franchise. Comcast’s franchise was last renewed in 2008 and will expire in September, 2014. Comcast recently invoked formal franchise renewal proceedings and notified Renton of its wish to preserve formal franchise renewal rights (a standard letter that Comcast sends to a city up to three years prior to the expiration of its franchise as provided for in federal regulations). Franchise renewal can occur through informal or formal negotiations. To respond to Comcast’s notification, notify the public, and commence formal renewal proceedings, the Administration requests commencement of formal renewal proceedings with Comcast by resolution. This signals the City's intent to review the franchise and the performance of the cable operator, and to identify the City’s future cable related needs and interests. City notification needs to occur some time during the 6 months following the notice from Comcast. In the prior renewal, Renton used the franchise renewal process to review cable operations within the City. This evaluation included a compliance review to ensure Comcast was meeting the terms of the franchise, including system construction and extension; a system technical review of Comcast’s physical plant within Renton to ensure code compliance; a review of the rate order forms over the prior term of the franchise to ensure alignment with published rates; a franchise fee review; a review of community cable-related needs by users; Public, Educational and Governmental access (PEG) interests and fees; and other reviews that would materially affect cable television services and costs. Through competitive RFP, Renton procured the assistance of Bradley & Guzzetta during the last franchise renewal for these reviews, and will now begin to assess the need for internal and external support for franchise renewal. STAFF RECOMMENDATION: Adopt a resolution to commence formal franchise renewal proceedings with Comcast. 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 111 of 249 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 112 of 249 (comcast October 25, 2010 Comcast Cable 15815 25th Ave West Lynnwood, WA 98087 CSTY OF RENTON OCT 2 6 2010 CERTIFIED MAIL - RETURN RECEIPT REQUESTED RECEIVED CITY CLERK'S OFFICE Bonnie Walton City Clerk/Cable Manager J/lO^f ^J^^ CityofRenton \//tAAAf (JoM^ 1055 South GradvWav <fiJ*""7 ,.}„.-. 1055 South Grady Way Renton, WA 98055 Subject: FRANCHISE RENEWAL Dear Ms. Walton: We at Comcast appreciate the opportunity to serve the citizens of Renton. It is our credo that we will he the company to look to first for the communications products and services that connect people to what's important in their lives. In living our credo, we look forward to- providing broadband services to our customers in Renton for many years to come. Therefore, we are taking this step to ensure the renewal of our franchise with. you. The Cable Communications Policy Act of 3984 ("the 1984 Cable Act") encourages franchisors and cable operators to reach renewal agreements at any time through an informal process of discussion. However, Section 626 of the 1984 Cable Act also provides for commencement of a formal renewal procedure. To preserve our statutory rights to this formal procedure, this letter is our official notice to you invoking that provision. This letter is not intended to introduce a new formality into our discussions, nor is that the intention of the 1984 Cable Act. In fact, we prefer to reach a mutually satisfactory agreement through informal negotiations, thus making many of the 1984 Cable Act's formal procedures unnecessary. I will be happy to discuss this matter with you, or provide any additional information that you may require. I look forward to meeting with you in the near future and to continuing a relationship that, we believe, benefits both the community and the residents of Renton. Sincerely, Terry Davis Director, Franchising and Government Affairs tf- Clef's tfeneuW F;/*, (l-H-loU) 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 113 of 249 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 114 of 249 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 115 of 249 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 116 of 249 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 117 of 249 7j. ‐ Executive Department recommends authorization to commence formal cable television franchise renewal proceeding with Comcast. Page 118 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2010 Emergency Management Performance Grant (EMPG) Reissue Meeting: Regular Council - 23 May 2011 Exhibits: Issue Paper 2010 EMPG Contract E11-259 Submitting Data: Dept/Div/Board: Fire & Emergency Services Staff Contact: Deborah Needham, Emergency Management Director x7027 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ Amount Budgeted: $ 0 Revenue Generated: $95355.82 Total Project Budget: $ 0 City Share Total Project: $ SUMMARY OF ACTION: The EMPG provides supplemental funding to support key components of a comprehensive national emergency management system for disasters and emergencies. For 2010, the City was granted $130,366 through the EMPG. To date we have received $35,010 of the grant funds. Due to federally mandated environmental and equipment reviews the deadline needs to be extended until July 31, 2011 to allow for approved purchases and reimbursement. There was insufficient time for the state to process the EMPG 2010 contract extension as an amendment, approved earlier this year, prior to the deadline. The state has reissued the grant under a new contract number for the remainder of the grant amount of $95,356. Wording, intent, new deadline and total grant amount remain the same. STAFF RECOMMENDATION: Authorize the Mayor to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG), Contract E11-259. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 119 of 249 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 120 of 249 DHS-FEMA-EMPG-FFY 10 Page 1 of 21 City of Renton Fire and Emergency Services Department E11-259 Washington State Military Department CONTRACT FACE SHEET 1. Contractor Name and Address: City of Renton Fire and Emergency Services Department 1055 South Grady Way Renton, WA 98057 2. Contract Amount: $95,355.82 3. Contract Number E11-259 4. Contractor’s Contact Person, phone number: Kelly Carey, (425) 430-7053 kcarey@rentonwa.gov 5. Contract Start Date: October 1, 2009 6. Contract End Date: July 31, 2011 7. MD Program Manager/phone number: Charma Anderson, (253) 512-7064 c.anderson@emd.wa.gov 8. Data Universal Numbering System (DUNS #): 092278894 9. UBI # (state revenue): 177-000-094 10. Funding Authority: Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement #: 2010-EP-EO-0027 12. Program Index # & OBJ/SUB-OJ 703PT NZ 13. CFDA # & Title: 97.042 EMPG 14. TIN or SSN: 91-6001271 15. Service Districts: (BY LEGISLATIVE DISTRICT): 5,11,37,41,47 (BY CONGRESSIONAL DISTRICT): 7,8,9 16. Service Area by County(ies): King County 17. Women/Minority-Owned, State Certified?: X N/A NO YES, OMWBE #_________ 18. Contract Classification: Personal Services Client Services X Public/Local Gov’t Collaborative Research A/E Other________ 19. Contract Type (check all that apply): X Contract Grant Agreement Intergovernmental (RCW 39.34) Interagency 20. Contractor Selection Process: X “To all who apply & qualify” Competitive Bidding Sole Source A/E RCW N/A Filed w/OFM? Advertised? YES NO _______ 21. Contractor Type (check all that apply) Private Organization/Individual For-Profit X Public Organization/Jurisdiction X Non-Profit VENDOR X SUBRECIPIENT OTHER 22. Brief Description: Provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG) funds to local jurisdictions and tribes with emergency management programs. The purpose of the funding is to support and enhance day-to-day emergency management operations. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions (Exhibit A), Statement of Work (Exhibit B) and Budget (Exhibit C) and the attached Contractor’s Scope of Work (Attachment A) govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) Any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: _____________________________________________ Signature Date James M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Brian E. Buchholz (signature on file) 3/12/2010 Assistant Attorney General FOR THE CONTRACTOR: __________________________________________ Signature Date Denis Law, Mayor for City of Renton Fire and Emergency Services Department Attest: _____________________________________ Bonnie Walton, City Clerk Form 10/27/00 kdb 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 121 of 249 DHS-FEMA-EMPG-FFY 10 Page 2 of 21 City of Renton Fire and Emergency Services Department E11-259 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization from the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department’s Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed. Invoices must be submitted no more often than monthly and it is recommended that invoices be submitted at least bi-annually. Final Invoice 1 No later than 45 days following the (shall not exceed overall contract amount) contract end date Program #/Copies Due Date Midterm Report Electronic July 15, 2010 Final Report Electronic No later than 45 days following the contract end date The Midterm Report and the Final Report will be submitted by email to the EMPG Program Assistant. Failure to meet all of the reporting and invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date, including receipt of supplies and equipment, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and/or deliverables. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: MILITARY DEPARTMENT: Name Kelly Carey Name Charma Anderson Title Administrative Secretary I Title EMPG Program Manager E-Mail kcarey@rentonwa.gov E-Mail c.anderson@emd.wa.gov Phone (425) 430-7053 Phone (253)512-7064 Name Sierra Wardell Title EMPG Program Coordinator E-Mail s.wardell@emd.wa.gov Phone (253) 512-7121 Name Charles Tomala Title EMPG Program Assistant E-Mail c.tomala@emd.wa.gov Phone (253) 512-7470 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 122 of 249 DHS-FEMA-EMPG-FFY 10 Page 3 of 21 City of Renton Fire and Emergency Services Department E11-259 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, applicable laws and regulations, including competitive processes and other procurement requirements. A non-exclusive list of regulations commonly applicable to DHS grants is: 1. Administrative Requirements: 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (formerly OMB Circular A-110). 2. Cost Principles: 2 CFR Part 225, Cost Principles for State, Local, and Indian tribal Governments (formerly OMB Circular A-87); 2 CFR Part 220, Cost Principles for Educational Institutions (formerly OMB Circular A- 21); 2 CFR Part 230, Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122) and Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 3. Audit Requirements: OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. 4. Duplication of Benefits: There may not be a duplication of any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) solely for the use of supporting emergency management programs as provided by the Emergency Management Performance Grant (EMPG). Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 2. The Contractor shall provide a match of $95,355.82 of non-federal origin. Match (cost share) may be cash or in-kind. The grantee contributions must be reasonable, allowable, allocable and necessary under the grant program and must comply with all Federal requirements and regulations. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 4. The Contractor agrees that in order to receive Federal Fiscal Year 2010 (FFY10) federal preparedness funding, to include EMPG, the National Incident Management System (NIMS) compliance requirements for 2010 must be met. Applicants will be required to certify as part of their FFY10 EMPG applications that they have met the FFY09 NIMS requirements and will meet the FFY10 NIMS requirements. The NIMS Integration Center (NIC) web page, http://www.fema.gov/emergency/nims/index.shtm, is updated regularly with information about the NIMS. The website can also be used as a useful tool to determine the extent to which the jurisdiction is already compliant, as well as identify the NIMS requirements the jurisdiction has not yet met. 5. Grant funds may not be used to replace or supplant existing funding. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 123 of 249 DHS-FEMA-EMPG-FFY 10 Page 4 of 21 City of Renton Fire and Emergency Services Department E11-259 ARTICLE VI – PROCUREMENT AND FINANCIAL MANAGEMENT: 1. All sole source contracts over $100,000 must be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor’s subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors’ sole source justifications. 2. All contracts with individual consultants that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor’s subcontractors, at which point the Contractor will be responsible for reviewing and approving their subcontractors’ contract. 3. No costs will be reimbursed in advance of their being incurred by the Contractor. 4. No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 5. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. 6. Requests for reimbursement of equipment purchases will include a copy of the vendor’s invoice and packing slip or a statement signed and dated by the Contractor’s authorized representative that states “all items invoiced have been received in good working order, are operational, and have been inventoried according to contract and local procurement requirements”. 7. No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http://www.gsa.gov. ARTICLE VII – EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor’s equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub- grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer’s serial number, model number, or other identification number; the source of the equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 6. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 124 of 249 DHS-FEMA-EMPG-FFY 10 Page 5 of 21 City of Renton Fire and Emergency Services Department E11-259 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 9. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal-sponsoring agency for its share. 10. As a subrecipient of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub-contractors, consultants, and subrecipients who receive pass-through funding from this contract. ARTICLE VIII – SUBRECIPIENT MONITORING: The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department’s monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with federal and state audit req uirements, federal grant guidance, and applicable federal and state financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations. Monitoring activities may include: • review of performance reports; • monitoring and document the completion of contract deliverables; • documentation of phone calls, meetings, e-mails and correspondence; • review of reimbursement requests to ensure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; • on-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. As a subrecipient of federal funds, the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all subcontractors, consultants, and subrecipients who receive pass-through funding from this contract. ARTICLE IX– ENVIRONMENTAL AND HISTORIC PRESERVATION: The Contractor shall ensure full compliance with FEMA’s Environmental and Historic Preservation (EHP) Program. Information about these requirements can be found on pages 28-30 of the EMPG FFY10 Program Guidance located at http://www.fema.gov/pdf/government/grant/2010/fy10_empg_kit.pdf or on FEMA’s website at http://www.fema.gov/plan/ehp/ehp-applicant-help.shtm. The Contractor agrees that to receive any federal preparedness funding, all Environmental and Historical Protection (EHP) Program compliance requirements outlined in applicable guidance must be met. The Contractor is advised that any project with the potential to impact natural or biological resources or historic properties, including but not limited to, communication towers, physical security enhancements, new construction, renovation, or modification to buildings or structures, cannot be initiated until FEMA has completed the required EHP review. All other projects, including training and exercise activities, must be evaluated to determine impact. If impact is identified they must also go through an EHP review. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 125 of 249 DHS-FEMA-EMPG-FFY 10 Page 6 of 21 City of Renton Fire and Emergency Services Department E11-259 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient" shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. c. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. d. “Recipient”– a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. “Pass-Through Entity” means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 – “A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program.” f. “Nonfederal Entity” is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. “Federal Financial Assistance” – Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. “Grant” - For the purposes herein, the term “grant” may be used to mean “contracts” or “grants” or “agreements”. j. “CFDA Number” – The five-digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. “CFR” – Code of Federal Regulations l. “OMB” – Office of Management and Budget m. “RCW” - Revised Code of Washington n "WAC " - Washington Administrative Code. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 126 of 249 DHS-FEMA-EMPG-FFY 10 Page 7 of 21 City of Renton Fire and Emergency Services Department E11-259 2. SUBRECIPIENT MONITORING a. The Department, as a Recipient and/or Pass-Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub-award agreement, Office of Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor’s performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and reasonable assurance of contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once-a-year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass-Through Entity will conduct on-site visits as appropriate and required by contract for “for-profit” subrecipients, since the A-133 Single Audit does not apply to “for-profit” organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records-The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. c. The Contractor shall maintain all books, records, documents, data, and other evidence relating to this contract and the provision of any materials, supplies, services and/or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor’s Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 127 of 249 DHS-FEMA-EMPG-FFY 10 Page 8 of 21 City of Renton Fire and Emergency Services Department E11-259 d. Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://www.omb.gov and then select “Grants Management” followed by “Circulars”. Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor’s Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit to the Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor’s fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 128 of 249 DHS-FEMA-EMPG-FFY 10 Page 9 of 21 City of Renton Fire and Emergency Services Department E11-259 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug- Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not responsible for advising the Contractor about, or determining the Contractor’s compliance with, applicable laws, regulations and policies. In the event of the Contractor’s or a subcontractor’s noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor’s failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington’s Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women’s Business Enterprises as minority-owned and/or women-owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising and publicity relating to this contract wherein the Department’s name is mentioned or language used from which the connection of the Department’s name may, in the Department’s judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department or as required to comply with the Public Records Act or court order. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 129 of 249 DHS-FEMA-EMPG-FFY 10 Page 10 of 21 City of Renton Fire and Emergency Services Department E11-259 Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the “General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs” which can be found at www.epls.gov. 13. LIMITATION OF AUTHORITY -- "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE – INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for work being completed under this contract. 17. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 130 of 249 DHS-FEMA-EMPG-FFY 10 Page 11 of 21 City of Renton Fire and Emergency Services Department E11-259 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or application of this contract to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking lots that do not provide receipts) that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY’S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney’s fees and costs. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 131 of 249 DHS-FEMA-EMPG-FFY 10 Page 12 of 21 City of Renton Fire and Emergency Services Department E11-259 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a “Termination for Cause”, without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under “Contract Modifications” to comply with new funding limitations and conditions, although the Department has no obligation to do so. 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Contractor’s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform was outside of the Contractor’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”. 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department’s Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 132 of 249 DHS-FEMA-EMPG-FFY 10 Page 13 of 21 City of Renton Fire and Emergency Services Department E11-259 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice. Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the Department has or may acquire an interest. AAG Approved 9/12/2007 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 133 of 249 DHS-FEMA-EMPG-FFY 10 Page 14 of 21 City of Renton Fire and Emergency Services Department E11-259 Exhibit B Statement of Work FFY 2010 Emergency Management Performance Grant Program INTRODUCTION: The Washington State Military Department Emergency Management Division (EMD) receives funding each year from the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through the Emergency Management Performance Grant (EMPG). The funding assists state and local governments enhance and sustain all-hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended, 42 U.S.C. 5121-5207). Funds for the FFY 2010 EMPG program are appropriated under the Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83). A portion of FY2010 EMPG grant has been identified by the state to be passed through to local jurisdictions and tribes that have emergency management programs to supplement their local/tribal operating budgets. Each jurisdiction or tribe, that applied and meets the qualifications specified in WAC 118-09 regarding emergency management assistance funds, is awarded a contract based on the size of their agency’s emergency management operating budget. The Scope of Work outlines the activities and deliverables the Contractor has identified to be performed for FFY10 EMPG. The Timeline outlines the schedule that the Contractor agrees to in order to fulfill the contract deliverables during the contract performance period. The Budget Sheet outlines the Contractor’s emergency management operating budget (excluding federal funds) that is dedicated to emergency management activities, upon which their award is based. City of Renton Fire and Emergency Service Department (herein known as the Contractor) agrees to the following: GENERAL PROGRAM REQUIREMENTS: 1. Report progress on deliverables and advise the Military Department, in writing, of necessary adjustments to the content of the contract, including modification of the local/tribal emergency management budget. Performance reports will be submitted by email to the EMPG Program Assistant as required in the contract Milestones. 2. Adhere to all administrative, financial and procurement guidance, including competitive processes and other procurement requirements, to include: Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), Federal Emergency Management Agency’s codified regulations, 44 CFR Part 13 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) and 2 CFR Part 225 (Cost Principles for State, Local, and Indian tribal Governments), and Federal Acquisition Regulations (FAR), Part 31.2, Contract Cost Principles and Procedures, Contracts with Commercial Organizations. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor’s sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors’ sole source justifications. • Adhere to DHS requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must be passed on to all of the Contractor’s sub-contractors, at which point the Contractor will be responsible for reviewing and approving their sub-contractors’ contract. 3. Plan and implement equipment purchases, exercises, training, planning, organizational expenses and management/administration in accordance with the FFY10 Emergency Management Performance Grant Program Guidance as well as all subsequent policy changes, which can be found at: http://www.fema.gov/pdf/government/grant/2010/fy10_empg_kit.pdf. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 134 of 249 DHS-FEMA-EMPG-FFY 10 Page 15 of 21 City of Renton Fire and Emergency Services Department E11-259 4. Ensure that all sub-contractors are in compliance with the FFY10 Emergency Management Performance Grant Program Guidance through monitoring of expenditures and periodic reviews of activities. 5. Exercises that are implemented with grant funds must meet the requirements of the FFY10 Emergency Management Performance Grant. Upon completion of the exercise, an After Action Report and an Improvement Plan must be prepared and submitted to the Department. 6. A mechanism must be in place to capture, track and document match. 7. No more than 3% of the total grant award may be used on Management and Administrative expenditures. 8. FEMA reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a. the copyright in any work developed under an award or sub-award; and b. any rights of copyright to which the Contractor purchases ownership with Federal support. The Contractor must agree to consult with FEMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 9. All publications created with funding under the FFY10 EMPG grant award shall prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agency’s Grant Programs Directorate (FEMA/GPD) within the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the U.S. Department of Homeland Security." 10. Submit monthly requests or at least bi-annually for reimbursement to the Department, signed and approved, invoice vouchers (State Form A-19) and a Reimbursement Spreadsheet to the Department for costs incurred and certifying match requirement has been met. 11. No costs will be paid in advance of their being incurred by the Contractor. 12. No equipment or supply costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. 13. No travel or subsistence costs, including lodging and meals, reimbursed with EMPG funds may exceed federal maximum rates which can be found at http://www.gsa.gov. 14. Each A-19 will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. Requests for reimbursement of equipment purchases will include a copy of the vendor’s invoice and packing slip. CONTRACTOR TASKS : 1. Perform activities described in the attached Contractor’s Scope of Work (see Attachment A). 2. If necessary, hire a Subcontractor to assist in accomplishing the contract tasks. 3. Complete all work under the contract by the contract end date, to include receipt of approved equipment items and supplies. THE MILITARY DEPARTMENT AGREES TO: 1. Manage and administer the FFY10 Emergency Management Performance Grant Program. 2. Provide program assistance and coordination with FEMA where necessary. 3. Reimburse the Contractor within 45 days of receipt and approval of requests for reimbursement which includes all documentation of expenditures as required. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 135 of 249 DHS-FEMA-EMPG-FFY 10 Page 16 of 21 City of Renton Fire and Emergency Services Department E11-259 MILESTONES FFY10 Emergency Management Performance Grant Program MILESTONE TASK October 1, 2009 Start of performance period. April 2009 Contract Execution. July 15, 2010 Submission of Midterm Report. July 31, 2011 End of performance period. September 15, 2011 Submit all final reports and requests for reimbursement. 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 136 of 249 DHS-FEMA-EMPG-FFY 10 Page 17 of 21 City of Renton Fire and Emergency Services Department E11-259 Exhibit C Budget Sheet FFY10 Emergency Management Performance Grant Program LOCAL/TRIBAL EMERGENCY MANAGEMENT OPERATING BUDGET SUMMARY Category 2010 Local Funds Budget* Salaries and Benefits $403,517 In-Direct Costs $0 Travel $2,354 Equipment $0 Supplies $6,500 Telephones $5,484 IT $65,358 Printing $500 Janitorial/Maintenance $0 Auto Lease $13,122 Space Rental $33,851 Insurance $0 Subcontractor $43,500 Other $90,000 Total All Program Costs $664,186 FFY10 EMPG Award $130,366 The City of Renton Fire and Emergency Services Department award is $130,366. This is based on the FFY10 allocation factor of 19.6% of approved local/tribal emergency management operating budgets. Due to unforeseen factors, the contract has been reissued with a subtracted amount due to previous expenditures in the original contract. The remaining amount of the award is $95,355.82. This award will not be used to supplant the existing local/tribal funds identified above. The Department’s Reimbursement Spreadsheet will accompany each reimbursement request submitted. In addition, the Contractor agrees to make all records available to Military Department staff, upon request. A total of 3% of this award can be used to pay for management and administration of this contract. If the local/tribal emergency management operation budget should change, as the award contract amount is based on the budget, an amendment may have to be issued modifying the award contract amount. * No federal funds are included in the local emergency management operating budget. Funding Source: U.S. Department of Homeland Security - PI# 703PT – EMPG 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 137 of 249 DHS-FEMA-EMPG-FFY 10 Page 18 of 21 City of Renton Fire and Emergency Services Department E11-259 Attachment A Scope of Work FFY10 Emergency Management Performance Grant Program Agency: Renton Fire and Emergency Services Department Washington State does not require a specific number of activities to receive EMPG funding, however, there are required activities that must be scheduled and conducted in order to remain eligible for EMPG funding. The Scope of Work proposed must be proportionate to the level of local funding and anticipated EMPG funding. Required Activities Certify that your Agency understands the following required activities are to be completed between January 1, 2010 and December 31, 2010: YES Please enter the approval date of latest CEMP: 1/20/2009 Emergency Management Function Activity Deliverable Performance Measures Timeline Communications & Warning 1. Participate in all scheduled National Warning System (NAWAS) tests and exercises, whether a Primary NAWAS Warning Point, a Secondary Warning Point, or a Tertiary Warning Point. This is the on-going test of the statewide warning fan-out as outlined in the State CEMP and warning annex. All emergency management jurisdictions must be a part of this fan-out. a. Ensure jurisdiction is incorporated into the fan out. b. Participate in scheduled tests. Jurisdiction will be better prepared to activate NAWAS in an emergency. Success will be measured through the number of successful NAWAS tests completed. Ongoing Communications & Warning 2. Work with EMD to ensure Comprehensive Emergency Management Network (CEMNET) capability is maintained and participate in scheduled testing between local Emergency Operations Center (EOC) or similar facility and the state EOC. Communicate regularly with EMD to retain CEMNET capability and participate in testing as scheduled. Jurisdiction will be better prepared to use CEMNET in an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. Ongoing Communications & Warning 3. Develop and/or update local plans and equipment for use of amateur radio (HAM bands) through the Radio Amateur Civil Emergency Service (RACES) program and the state RACES plan. Update local plans and equipment as necessary. Jurisdiction will be better prepared to utilize RACES volunteers, particularly if other communication capabilities are inoperable, in an emergency. 12/1/2010 Communications & Warning 4. Where possible, work with the Local Area Emergency Alert System (EAS) Committee (LAECC) to complete an EAS plan and the Local Relay Network (LRN) per existing guidance from the FCC, FEMA and the State Emergency Communications Committee with assistance from the State EMD Telecommunications staff. Develop/update an EAS Plan as needed. Update plans will result in an improved capability to utilize EAS in an emergency. 12/31/2010 Communications & Warning 5. Participate in all scheduled EAS tests commensurate with your EAS plan and operational status of your LRN. Participate as scheduled. Jurisdiction will be better prepared to activate EAS in an emergency. Success will be measured by the number of scheduled tests the jurisdiction participates in. Ongoing 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 138 of 249 DHS-FEMA-EMPG-FFY 10 Page 19 of 21 City of Renton Fire and Emergency Services Department E11-259 Communications & Warning 6. Notify the state EOC immediately upon activation of local EOC. Provide Situation Reports (SITREPS) at least daily. Submit a daily Situation Report to the state EOC during activation. Coordination between the state and the local EOC will improve response capabilities during an event. Ongoing Program Management 7. Be fully compliant with Federal National Incident Management System (NIMS) compliance requirements. Failure to meet NIMS compliance requirements will result in the loss of federal preparedness funding. Please contact Jim Kadrmas, EMD, at 253-512-7027 or j.kadrmas@emd.wa.gov if you have questions. Demonstrate NIMS adoption and compliancy. Emergency responders will have a uniform set of processes and procedures thus improving all-hazard incident response capabilities. 9/30/2010 Exercises, Evaluations & Corrective Actions 8. Each jurisdiction receiving EMPG funds must participate in the design, conduct and evaluation of at least one exercise during the performance period: full-scale, functional or table top. An EOC activation will fulfill this requirement. The standard format for the AAR and IP can be found in Volume III of the HSEEP manuals at http://hseep.dhs.gov. The State's ETO is Jerry Jenson, 253-512-7045, g.jenson@emd.wa.gov. Submit an After Action Report (AAR) and Improvement Plan (IP) to the State Exercise Training Officer (ETO) within 60 days of the completion of the exercise. Through the exercise process a jurisdiction can determine areas of strength and weakness in response capabilities. Development of an AAR and IP allows for the documentation, monitoring and follow-up on those issues. Upon submission and approval of the AAR, the ETO will issue a letter of EMPG credit to the jurisdiction. 12/7/2010 Planning 9. Review the Comprehensive Emergency Management Plan (CEMP) and supporting Emergency Support Functions (ESFs). The CEMP should be compliant with both the National Response Framework and the National Incident Management System (NIMS). Requirements for plan development and submission are provided in RCW 38.52.070, WAC 118-09 and WAC 118-30. a. Any jurisdiction that has not submitted an updated CEMP to the State Emergency Management Division within the past four years must do so during this program year. b. First-time applicants must complete a draft of their Basic Plan portion of the CEMP within the program year. The CEMP will address all- hazards identified in the jurisdiction's Hazard Identification and Vulnerability Analysis and infrastructure and improve the jurisdiction's ability to prepare for, respond to and recover from an emergency. 12/1/2010 Finance & Administration 10. Seek reimbursement in compliance with 10EMPG Guidance, award contract, 44CFR, 2CFR Parts 225, 220 and 230. Expenditures listed on the Reimbursement Spreadsheet cannot be items listed in the 2010 Local Funds Budget portion of the Emergency management Operating Budget in this application Submit requests for reimbursement (A19 Invoice) along with a Reimbursement Spreadsheet showing how EMPG funds were spent. EMPG funds enhance local emergency management programs and are spent in accordance with all applicable laws and guidelines. Within 30 days after the activity was performed 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 139 of 249 DHS-FEMA-EMPG-FFY 10 Page 20 of 21 City of Renton Fire and Emergency Services Department E11-259 Program Management 11. Progress reports are required twice during the award contract performance period. Progress reports must be submitted as required in the award contract. The midterm report must clearly describe the progress the recipient is making towards the deliverables described in this Scope of Work. The final report should highlight the impact EMPG funding has had on the jurisdiction's capabilities. Demonstration of the impact EMPG funding has on emergency management capabilities will be documented in progress reports. Midterm Report due 7/15/10 Final Report due 5/15/11 Crisis Communication, Public Education and Information 12. Conduct a public disaster education program for the inhabitants of the community. a. Preparedness presentation and distribution of preparedness materials to schools, civic groups, business organizations, nursing care facilities, child care facilities, governmental agencies, hospitals, the general public, etc. and/or b. Participate in the State's Disaster Preparedness Campaign. Citizens or Washington will be better able to care for themselves, family members, neighbors, etc. and will improve their ability to stay safe during an emergency. Success can be measured through the number of presentations provided or participation in the Washington State campaign. 9/30/2010 Additional Activities Crisis Communication, Public Education & Information Purchase and install weather proof, sealed bulletin boards for the Neighborhood Information and Communication Hub In Emergencies (NICHE) program. NICHE boards installed. Citizens will be able to obtain emergency information when high-tech means of communication are not operable. 11/1/2010 Exercises, Evaluations & Corrective Actions Assign staff to serve on core exercise design team for SoundShake 2010; participate in SoundShake. Significant contribution to major regional exercise. Exercise will be inclusive of smaller jurisdictions like Renton. 10/7/2010 Operations & Procedures Expand emergency notification system capabilities, write an SOP on its use, and train selected staff in its use. SOP completed. City staff will utilize the emergency notification system more effectively. 8/1/2010 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 140 of 249 DHS-FEMA-EMPG-FFY 10 Page 21 of 21 City of Renton Fire and Emergency Services Department E11-259 Hazard Mitigation Initiate development of an LEPC. LEPC established. Emergency management will have more regular communication with hazmat using facilities to help mitigate against potential accidents. 12/31/2010 Laws and Authorities Revise emergency powers ordinance. Emergency powers ordinance revised. Elected officials will possess sufficient legal authorities to take swifter, appropriate action in an emergency. 11/1/2010 Hazard Identification & Risk Assessment Participate in a DHS assessment of critical infrastructure vulnerabilities. Critical infrastructure vulnerabilities identified. City staff will have a better understanding of critical infrastructure vulnerabilities in order to better mitigate or respond to incidents that involve critical infrastructure. 12/31/2010 Crisis Communication, Public Education & Information Conduct emergency preparedness training for leaders in the immigrant, refugee communities to be able to carry back to their communities. 1 preparedness training completed. Non-English-speaking residents will be better prepared for emergencies. 6/1/2010 Planning Revise 4 ESFs within the CEMP. 4 ESFs revised. The CEMP will be improved. 12/31/2010 Training Conduct a Logistics Chief course. Logistics Chief course conducted for IMT members. More persons trained in functions of the Logistics Chief position. 8/1/2010 Planning Revise damage assessment process to include alternative field information relays through a pilot project with purchased handheld devices. Damage assessment process revised, handheld devices purchased. By transferring damage assessment to more individuals in the City, first responders will be freed up to focus on response issues more quickly. 12/31/2010 7k. ‐ Fire and Emergency Services Department recommends approval of an agreement with the Washington State Military Department to accept Page 141 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project Meeting: Regular Council - 23 May 2011 Exhibits: Standard Consulting Agreement Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager (extension 7471) Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ $130,976.00 Transfer Amendment: $ Amount Budgeted: $ $380,000.00 Revenue Generated: $$217,762.00 Total Project Budget: $ $229,223.15 City Share Total Project: $ $11,461.15 SUMMARY OF ACTION: Approval is requested to enter into a Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project for the completion of Preliminary Engineering and Design Engineering Phase I. The FAA has provided a grant in the amount of $217,762 to fund 95 percent ofthe design and engineering phases ofthis project. Council accepted the $217,762 grant offer and the 5 percent match of $11,461.15 on August 16, 2010. The FAA grant and the 5 percent match provide a total project budget of $229,223.15. The amount of the first contract with Reid Middleton, Inc. for Preliminary Engineering was $97,872. The amount of this contract for completion of Preliminary Engineering and Design Engineering Phase I is $130,976.00. The total of the two contracts is $228,848, which is $375.15 less than the total project budget. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Reid Middleton, Inc. in the amount of $130,976 for completion of Preliminary Engineering and Design Engineering Phase I related to the Taxiway Bravo Rehabilitation Project. 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 142 of 249 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE:May 23, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA: FROM: Denis Law, Mayor Gregg ZimmermarPA inistrator STAFF CONTACT:Ryan Zulauf, Airport Manager (extension 7471) SUBJECT:Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project ISSUE: Should Council approve a Standard Consulting Agreement with Reid Middleton, Inc. for the Taxiway Bravo Rehabilitation Project for the completion of Preliminary Engineering and Design Engineering Phase I? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Reid Middleton,Inc. in the amount of $130,976 for completion of Preliminary Engineering and Design Engineering Phase I related to the Taxiway Bravo Rehabilitation Project. BACKGROUND: This is the second contract with Reid Middleton,Inc. for the completion of engineering and initial design services related to the Taxiway Bravo Rehabilitation Project. The original contract with Reid Middleton began the preliminary engineering for this project and this contract will finish the necessary preliminary engineering and begin the new pavement design engineering. Typically the City would have completed this work in a single contract, but in this case two contracts were necessary to take advantage of federal funding as it became available. 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 143 of 249 Terri Briere,Council President Members of the Renton City Council Page 2 of 2 May 23,2011 At the end of this contract the City will receive the following deliverables: •City shoreline permit exception •A completed FAA environmental checklist •An initial design report outline •Preliminary engineering findings and recommendations summary (includes results of destructive and non-destructive testing of the existing asphalt) •A preliminary construction cost estimate •A preliminary project phasing layout The FAA has provided a grant in the amount of $217,762 to fund 95 percent ofthe design and engineering phases of this project. Council accepted the $217,762 grant offer and the 5 percent match of $11,461.15 on August 16, 2010. The FAA grant and the 5 percent match provide a total project budget of $229,223.15. The amount of the first contract with Reid Middleton, Inc. for Preliminary Engineering was $97,872.00. The amount of the second contract for completion of Preliminary Engineering and Design Engineering Phase I is $130,976.00. The total of the two contracts is $228,848, which is $375.15 less than the total project budget. The funding source for the match to the grant is the Taxiway Bravo Rehabilitation Project, which has a 2011 budget of $380,000 and includes future anticipated FAA grant funding of $150,000. Pending federal funding, this grant money would be available fall 2011. cc: Rich Perteet, Deputy PW Administrator- Transportation Connie Brundage,Transportation Administrative Secretary Susan Campbeii-Hehr/Carolyn Currie, Airport Secretary H:\File Sys\AIR- Airport,Transportation Services Division\03 Projects\01Tasks\Agenda Bills\2011Agenda Bills\Agenda Bill 2011- Reid Middleton Completion of Preliminary Engineering and Design Engineering Phase 1\lssue Paper.doc 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 144 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 145 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 146 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 147 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 148 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 149 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 150 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 151 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 152 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 153 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 154 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 155 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 156 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 157 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 158 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 159 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 160 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 161 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 162 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 163 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 164 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 165 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 166 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 167 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 168 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 169 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 170 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 171 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 172 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 173 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 174 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 175 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 176 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 177 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 178 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 179 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 180 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 181 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 182 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 183 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 184 of 249 7l. ‐ Transportation Systems Division recommends approval of a contract in the amount of $130,976 with Reid Middleton, Inc. to Page 185 of 249 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CONCERNING THE COMMENCEMENT OF FORMAL RENEWAL PROCEEDINGS WITH COMCAST UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED. WHEREAS, the City granted, by Ordinance No. 4412, a Franchise to TCI Seattle, Inc. (the "Franchise"), to provide cable television service within the territorial limits of the City on August 9,1993; and WHEREAS, the Franchise was acquired through succession by Comcast of Washington IV, Inc. & Comcast of California/Colorado/Washington I, Inc. ("Comcast"); and WHEREAS, the City granted, by Ordinance No. 5453, an extension of the Franchise term through midnight, September 13, 2013; and WHEREAS, by letter dated October 25, 2010, from Comcast to the City, Comcast invoked the formal renewal procedures set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended (the "Cable Act"), 47 U.S.C. § 546; and WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if a written renewal request is submitted by a cable operator during the six-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence formal renewal proceedings to identify the future cable-related community needs and interests, and to review the performance of the cable operator under its franchise during the then current franchise term; and 9a. ‐ Commencement of franchise renewal proceedings with Comcast (See 7.j.)Page 186 of 249 RESOLUTION NO. WHEREAS, the City is desirous of commencing the formal renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City intends to take any and all steps required or desired to comply with the franchise renewal and related requirements of the Cable Act, Washington law and the Franchise; and WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, formal renewal proceedings under Section 626(a) of the Cable Act; and WHEREAS, formal Section 626(a) proceedings and the informal franchise renewal process may involve the collection and analysis of information from Comcast (and its affiliates and subsidiaries), City agencies and departments, the public and other interested parties, and may require one or more public hearings; 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 City hereby commences formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) concerning Comcast and the Franchise. These proceedings, and all applicable procedures, timelines and deadlines set forth in Section 626(a)-(g) of the Cable Act, 47 U.S.C. § 546(a)-(g), may be tolled if Comcast and the City enter into a lawful and binding tolling agreement ("Standstill Agreement"). 9a. ‐ Commencement of franchise renewal proceedings with Comcast (See 7.j.)Page 187 of 249 RESOLUTION NO. SECTION III. The City or its designee(s) may conduct such hearings, surveys and meetings they deem appropriate to assess community cable-related needs and interests, evaluate Comcast's past performance and enable the public an opportunity to participate in formal Franchise renewal proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C § 546(a)(1). City staff and/or their designee(s) shall provide the public with notice of, and an opportunity to participate in, any public hearings or public meetings conducted under Section 626(a)(1), unless Section 626(a)(1) proceedings are tolled pursuant to a binding Standstill Agreement, in which case such notice and an opportunity to participate will only be required if the Standstill Agreement ceases to be effective or if the Cable Act's formal renewal process is reactivated in accordance with the Standstill Agreement. SECTION IV. City staff and/or their designee(s) are authorized to manage and conduct the formal franchise renewal proceedings specified in 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to assess the community's cable-related needs and interests, to review Comcast's past performance under the Franchise and applicable laws and regulations, and to comply with applicable laws, regulations, orders and decisions. SECTION V. City staff and/or their designee(s), may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If City staff and Comcast decide to utilize the informal renewal process, City staff shall inform the City of the decision, and the City may approve informal renewal discussions and enter into a Standstill Agreement with Comcast, if appropriate or desired. Should the City and Comcast follow the informal franchise renewal process under Section 9a. ‐ Commencement of franchise renewal proceedings with Comcast (See 7.j.)Page 188 of 249 RESOLUTION NO. 626(h), 47 U.S.C. § 546(h), City staff and/or their designee(s) are authorized to enter into Franchise renewal and/or extension negotiations with Comcast, to prepare informal renewal proposals and to respond to informal renewal proposals from Comcast, to communicate with Comcast on the City's behalf, to perform past performance and needs assessment reviews, and to take all other steps and actions necessary or desired to engage in the informal renewal process and/or to comply with applicable laws, regulations, orders and decisions. The City will provide adequate public notice of and an opportunity to comment on any informal Franchise renewal proposal(s) submitted by Comcast before taking any final action on such proposal(s). SECTION VI. City staff and/or their designee(s) may establish procedures and dates for the conduct of any hearings, meetings and/or surveys related to any Section 626(a) proceedings or the informal renewal process, and may establish procedures and dates for the submission of testimony and other information in connection with such proceedings and/or the informal renewal process. SECTION VII. City staff and/or their designee(s) are authorized to request and require Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with any Section 626(a) proceedings or the informal renewal process under Section 626(h) (including any needs assessment(s) or past performance review(s) associated therewith), to the maximum extent permitted by the Franchise and applicable laws, ordinances, regulations, resolutions, settlement agreements, and memoranda of understanding, to gather such other information from other persons, agencies or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to 9a. ‐ Commencement of franchise renewal proceedings with Comcast (See 7.j.)Page 189 of 249 RESOLUTION NO. ensure the City and the public's cable-related needs and interests are satisfied and fully protected consistent with applicable law. SECTION VIII. Nothing in this Resolution shall be construed to waive or limit the City's authority, rights, remedies and defenses under applicable agreements, laws, regulations, orders and decisions. SECTION IX. City staff shall keep the City fully appraised of the status and progress of the formal and informal renewal processes, as appropriate. SECTION X. This Resolution shall become effective immediately upon adoption. PASSED BY THE CITY COUNCIL this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney RES:1504:5/5/ll:scr Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor 9a. ‐ Commencement of franchise renewal proceedings with Comcast (See 7.j.)Page 190 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 191 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 192 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 193 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 194 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 195 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 196 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 197 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 198 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 199 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 200 of 249 9a. ‐ Sunset Area Planned Action (See 8.a.) Page 201 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING BY REFERENCE THE SUNSET AREA SURFACE WATER MASTER PLAN. WHEREAS, the Council has heretofore adopted stormwater controls for the City of Renton; and WHEREAS, adoption of a comprehensive system of stormwater controls for the Sunset Area has been reviewed in the Sunset Area Draft Environmental Impact Statement issued in December 2010, and in the Sunset Area Final Environmental Impact Statement issued in April 2011; and WHEREAS, the City is simultaneously adopting the Sunset Area Planned Action ordinance which requires implementation of a comprehensive system of stormwater controls for the Sunset Area in the best interest of, and for public benefit; and WHEREAS, the City has held a public hearing on this matter on April 6, 2011; and WHEREAS, the Planning Commission has made certain findings and recommendations to the Council; and WHEREAS, the Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to adopt the Sunset Area Surface Water Master Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings and recitals are found to be true and correct in all respects. 9b. ‐ Sunset Area Surface Water Master Plan (See 8.a.) Page 202 of 249 ORDINANCE NO. SECTION II. The Sunset Area Surface Water Master Plan, as shown on Attachment A and incorporated herein as if fully set forth, is herby adopted by this reference. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. , 2011. APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk day of. ., 2011. Approved as to form: Denis Law, Mayor Lawrence J. Warren, City Attorney Date of Publication: ORD:1707:4/12/ll:scr 9b. ‐ Sunset Area Surface Water Master Plan (See 8.a.) Page 203 of 249 EXHIBITS ON FILE WITH THE CITY CLERK'S OFFICE 9b. ‐ Sunset Area Surface Water Master Plan (See 8.a.) Page 204 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S 2004 COMPREHENSIVE PLAN, IN CONJUNCTION WITH THE SUNSET AREA PLANNED ACTION. WHEREAS, the Council has heretofore adopted and filed a Comprehensive Plan and has implemented and amended the Comprehensive Plan from time to time, together with the adoption of various codes, reports and records; and WHEREAS, the Planning Commission has heretofore fully recommended to the Council, from time to time, certain amendments to the City's Comprehensive Plan; and WHEREAS, RCW 36.70A.130 allows the Comprehensive Plan to be updated only once a year except under certain circumstances, one of those circumstances being the adoption of amendments necessary to implement a Planned Action ordinance; and WHEREAS, the City is simultaneously adopting the Sunset Area Planned Action ordinance; and WHEREAS, the City has held a public hearing on this matter on April 6, 2011; and WHEREAS, the Planning Commission has made certain findings and recommendations to the Council; and WHEREAS, the Council has duly determined after due consideration of the evidence before it that it is advisable and appropriate to amend and modify the City's Comprehensive Plan; and WHEREAS, such modification and elements for the Comprehensive Plan being in the best interest for the public benefit; 9c. ‐ Sunset Area Comprehensive Plan Amendments (See 8.a.) Page 205 of 249 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The above findings and recitals are found to be true and correct in all respects. SECTION II. The following Comprehensive Plan elements are hereby modified, amended and adopted in part: Capital Facilities, Transportation, and Utilities, as shown on Attachments A, B, and C, respectively, and incorporated herein as if fully set forth. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1706:4/12/ll:scr 9c. ‐ Sunset Area Comprehensive Plan Amendments (See 8.a.) Page 206 of 249 EXHIBITS ON FILE WITH THE CITY CLERK'S OFFICE 9c. ‐ Sunset Area Comprehensive Plan Amendments (See 8.a.) Page 207 of 249 I^A/AJLAA S-fc-ZOII CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON (17040 108™ AVENUE SE; FORMER FIRE STATION 13) FROM RESIDENTIAL-TEN UNITS PER NET ACRE (R-10), TO RESIDENTIAL-FOURTEEN UNITS PER NET ACRE (R-14), FILE NO. LUA11-007, ECF, R. WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property herein below described in has heretofore been zoned as Residential-Ten Units Per Net Acre (R-10); and WHEREAS, the City initiated a proceeding for change of zoning classification of the property; and WHEREAS, this matter was duly referred to the Hearing Examiner for investigation, study, and public hearing, and the public hearing having been held on or about April 19, 2011; and WHEREAS, this matter having been duly considered by the Hearing Examiner; and WHEREAS, the zoning request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 9a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 208 of 249 ORDINANCE NO. SECTION I. The following property in the City of Renton is hereby rezoned to Residential-Fourteen Units Per Net Acre (R-14) as specified below. The Administrator of the Department of Community and Economic Development or designee is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence the rezoning, to-wit: See Attachment A, attached hereto and made a part hereof as if fully set forth. (City-owned former Fire Station 13 site located at 17040 108th Avenue SE near SE 172nd Street.) SECTION II. This ordinance shall be effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. ., 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD.1713:4/29/ll:scr 9a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 209 of 249 ORDINANCE NO. ATTACHMENT A LEGAL DESCRIPTION: That portion of the Southeast quarter of Section 29, Township 23 North, Range 5 East, W. M., in the City of Renton, King County, Washington, described as follows: The north 100 feet of the west 230 feet of the south one-half (1/2) of the south one-half (1/2) of the Northwest quarter of the Southeast quarter of said Section 29; LESS the west 30 feet thereof for highway. ATTACHMENT A-1 9a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 210 of 249 ORDINANCE NO. JU «5#ftyrw S^ Jo? P«ow row R i (i to K I J LW/ ,tep m^ Former Fire Station 13 - Rezone from R-10 to R-14 Mjy4. Still WO 2» N Community & Economic Development MCK Piccsdrx. AfiffllnlsLfatar r/_^iaie Zoning Designations CA connviticai Arfalal R--10Residential- 10 DU'AC R-14 Resleenliol - 14 DU'AC R-8 Residential - 8 DU.'AC ATTACHMENT A-2 9a. ‐ Rezone of former Fire Station 13 property (1st reading 5/16/2011) Page 211 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 212 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 213 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 214 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 215 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 216 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 217 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 218 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 219 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 220 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 221 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 222 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 223 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 224 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 225 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 226 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 227 of 249 9b. ‐ Animal Provisions ‐ Title IV Docket #D‐55 (1st reading 5/16/2011) Page 228 of 249 f foiled 0. 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), AND SECTION 4-4-100 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REDUCING THE ALLOWED SIZE OF POLITICAL SIGNS, LENGTHENING THE TIME IN WHICH POLITICAL SIGNS BE CAN DISPLAYED, MAKING VIOLATIONS OF THE REQUIRED REMOVAL PERIOD OF POLITICAL SIGNS CIVIL CODE VIOLATIONS AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-2B.6, "Penalties", of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. "Penalties" are any monetary recovery or reimbursement including, but are not limited to, fees and/or assessments. Penalties shall accrue for each day or portion thereof that each violation occurs. A Violator may be responsible for multiple penalties for each violation. Each day that a violation exists shall constitute a separate violation subject to separate penalties except for violations of the sign code, per RMC 4-4- 100, Signs, or violations constituting a noise disturbance, per RMC 8-7, Noise Level Regulations. See RMC 1-3-2P.5-6, Penalties. 9c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 229 of 249 ORDINANCE NO. SECTION II. Subsection 1-3-2P, Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: P. Penalties: The penalties shall be as so defined in Subsection B6 of this Section. 1. The minimum penalty for the first violation shall be five one hundred dollars ($5100), not including costs or court costs, fees, and assessments. 2. The minimum penalty for the second violation of the same nature or a continuing violation shall be seven two hundred fifty dollars ($75200), not including costs or court costs, fees, and assessments. 3. The minimum penalty for the third violation of the same nature or a continuing violation shall be one thousand three hundred dollars ($ir©300), not including costs or court costs, fees, and assessments. 4. After three (3) prior violations, whether they occurred at the same time or in succession, the fourth violation shall constitute a gross misdemeanor. The Administrator and/or CCI has the authority to submit the violations to the prosecutor for criminal prosecution as provided in RMC 1-3-3E. a. The criminal offense shall be for failing to eliminate a violation after a Finding of Violation or after a confirmation or modification of a Finding of Violation. b. The prosecutor's burden is to prove beyond a reasonable doubt as to any Violator cited that in the City of Renton: 9c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 230 of 249 ORDINANCE NO. i. The Violator has had three (3) prior violations under this Section of the Code; and ii. The prior convictions were within the last ten (10) years. Time served in jail is not excluded from the ten (10) year period. c. If a Violator/Defendant is found guilty beyond a reasonable doubt, the Violator/Defendant shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. d. A Violator/Defendant shall not be eligible for Electronic Home Detention or any other alternative to jail time. e. A Violator/Defendant shall remain responsible for the RMC civil code violation penalties and/or any costs, not including the cost of prosecution. 5. For violations of the sign code, as set forth in RMC 4-4-100, Signs, the monetary penalty for each violation shall be one hundred dollars ($100) per sign up to ten thousand dollars ($10,000). 6. For violations of the sign code, as set forth in RMC 8-7, Noise Level Regulations, the monetary penalty for each violation shall be two hundred fifty dollars ($250) per violation up to ten thousand dollars ($10,000). 7. The payment of a monetary penalty pursuant to this Section does not relieve a person of the duty to correct the violation as requested by the CCI or as ordered by the Administrator. The payment of a monetary penalty does not 9c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 231 of 249 ORDINANCE NO. prevent the City from asserting that the violation continues to exist or from asserting that a new violation has been found. €8. It shall be a misdemeanor to impede, delay, obstruct or interfere with the City's employees or agents designated to perform the abatement. Any physical efforts to impede, delay, obstruct, or interfere with City employees or agents will be forwarded to the prosecutor for appropriate criminal filing. Nothing in this Section is intended to limit or prevent the pursuit of any other remedies or penalties permitted under the law, including criminal prosecution. SECTION III. Subsection 4-4-100B.6.m, Political Signs, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: m. Political Signs: Political signs less than twelve (12) thirty-two (32) square feet on one face as herein defined. SECTION IV. Subsection 4-4-100J.4.C, Removal Required, of Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: c. Removal Required: Each political sign shall be removed within $m fourteen (104) days following an election, by the candidateSi ©f candidate's representative or proposition sponsor except that the successful candidates of a primary election may keep their signs on display until ten fourteen (1Q4) days is 9c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 232 of 249 ORDINANCE NO. after the general election, at which time they shall be promptly removed. After ten fourteen (104) days the City may pick up and dispose of remaining signs. Violation or failure to comply with the provisions of this section shall subject the offender to RMC 1-3-2, Code Enforcement and Penalties. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of. . 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2011. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor Date of Publication: ORD:1702:5/18/ll:scr 9c. ‐ Political Signs ‐ Title IV Docket #D‐57 (1st reading 5/16/2011) Page 233 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-8-100C OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, AND SECTION 4-11-090 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING PROVISIONS TO TITLE IV TO ALLOW EXPIRATION OF INACTIVE INCOMPLETE AND COMPLETE APPLICATIONS. ^ g q WHEREAS, current regulations do not provide for expiration of applications that are inactive; and WHEREAS, vesting to development standards is obtained the date an application is determined to be complete and such vesting is maintained in perpetuity; and WHEREAS, many complete land use applications have become inactive and maintained inactivity for many years, resulting in applications that could be re-activated and maintain vesting to older codes and regulations; and WHEREAS, the City Council has amended the development regulations numerous times in the past to maintain consistency with the Comprehensive Plan, new policy direction, and a changing City; and WHEREAS, the City seeks to amend Title IV to permit the expiration of inactive land use applications after official notice and ample time has been provided to the project applicant; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and 9d. ‐ Inactive Land Use Applications ‐ Title IV Docket #D‐59 (1st reading 5/16/2011)Page 234 of 249 ORDINANCE NO. WHEREAS, the Planning Commission held a public hearing on March 16, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-8-100C, Letter of Completeness, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. LETTER OF COMPLETENESS: 1. Timing: Within twenty eight (28) days after receipt of an application, the Department of Community and Economic Development Services Division shall provide a written determination that the application is deemed complete or incomplete according to the submittal requirements as listed in RMC 4-8-120A, B or C, and any site-specific information identified after a site visit. In the absence of a written determination, the application shall be deemed complete. 2. Applications Which are Not Complete: a. Notice of Incomplete Application: If an application is determined incomplete, the necessary materials for completion shall be specified in writing to the contact person and property owner. b. Notice of Complete Application or Request for Additional Information: Within fourteen (14) days of submittal of the information specified 9d. ‐ Inactive Land Use Applications ‐ Title IV Docket #D‐59 (1st reading 5/16/2011)Page 235 of 249 ORDINANCE NO. as necessary to complete an application, the applicant will be notified whether the application is complete or what additional information is necessary. The maximum time for resubmittal shall be within ninety (90) days of written notice. c. Time Extensions: In such circumstances where a project is complex or conditions exist that require additional time, the Administrator of the Department of Community and Economic Development or designee may allow the applicant, contact person and/or property owner additional time to provide the requested materials. When granted, extension approvals shall be provided in writing. 3. Additional Information May Be Requested: A written determination of completeness does not preclude the Department of Community and Economic Development Services Division from requesting supplemental information or studies, if new information is required to complete review of an application or if significant changes in the permit application are proposed. The Department of Community and Economic Development Services Division may set deadlines for the submittal or supplemental information. 4. Expiration of Complete Land Use Applications: Any land use application type described in Section 4-8-080 that has been inactive and an administrative decision has not been made or has not been reviewed by the Hearing Examiner in a public hearing shall become null and void six (6) months after a certified notice is mailed to the applicant, contact person and property owner, unless 9d. ‐ Inactive Land Use Applications ‐ Title IV Docket #D‐59 (1st reading 5/16/2011)Page 236 of 249 ORDINANCE NO. other time limits are prescribed elsewhere in the Renton Municipal Code or other Codes adopted by reference. 5. Extension of Complete Application: A one (1) time, one (1) year extension may be granted if a written extension request is submitted prior to the expiration date identified in the certified notice and the applicant, contact person or property owner(s) has demonstrated due diligence and reasonable reliance towards project completion. In consideration of due diligence and reasonable reliance the Administrator of the Department of Community and Economic Development or designee shall consider the following: a. Date of initial application; b. Time period the applicant had to submit required studies; c. Availability of necessary information; d. Potential to provide necessary information within one (1) year; e. Applicant's rationale or purpose for delay; and f. Applicant's ability to show reliance together with an expectation that the application would not expire. SECTION II. Section 4-11-090, Definitions I, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a definition for "Inactive Application", to read as follows: INACTIVE APPLICATION: A submittal for a land use permit in which the applicant has not provided requested documentation within the time period identified 9d. ‐ Inactive Land Use Applications ‐ Title IV Docket #D‐59 (1st reading 5/16/2011)Page 237 of 249 ORDINANCE NO. through written communication, or there has been no communication or action from the applicant for a period of ninety (90) days. Such time limit shall not apply in the event the delay is caused by the City. SECTION III. This ordinance shall be effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1704:4/28/ll:scr Denis Law, Mayor 9d. ‐ Inactive Land Use Applications ‐ Title IV Docket #D‐59 (1st reading 5/16/2011)Page 238 of 249 /sW~<f *•"•**" CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-1-080 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE TV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY DELETING SUBSECTION RMC 4-1-080F WHICH ALLOWS FOR EXTENSION OF THE PERIOD OF VALIDITY FOR LAND USE AND SUBDIVISION APPROVALS, jx / y i^y it/ C™^ WHEREAS, the City recognizes that in 2009 and 2010 certain projects with land use approvals were in danger of expiration due to the difficulty of obtaining financing for construction; and WHEREAS, the City's extension was approved until December 31, 2010, unless extended by the City Council; and WHEREAS, the City recognizes that the 2010 Washington State Legislature approved a similar two-year extension of plats effective June 10, 2010, which sunsets December 31, 2014; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on March 2, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 9e. ‐ Subdivision Extension Approvals ‐ Title IV Docket #D‐62 (1st reading 5/16/2011)Page 239 of 249 ORDINANCE NO. SECTION I. Subsection 4-1-080.F, Extension of Period of Validity for Land Use and Subdivision Approvals, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1711:4/21/ll:scr 9e. ‐ Subdivision Extension Approvals ‐ Title IV Docket #D‐62 (1st reading 5/16/2011)Page 240 of 249 /sW^y *"'*"" CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-2-130 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, SECTION 4-4-080 OF CHAPTER 4, CITY-WIDE PROPERTY REGULATIONS, AND SECTION 4- 11-040 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) AND SECTION 9-10-11 OF CHAPTER 10, STREET EXCAVATIONS, OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY REMOVING THE TERM "DOWNTOWN CORE" FROM THE RENTON MUNICIPAL CODE AND REPLACING IT WITH "CENTER DOWNTOWN ZONE". 7\^Q"^ WHEREAS, the term "Downtown Core" is still used in a limited number of places in the Renton Municipal Code; and WHEREAS, the Council adopted Ordinance 5357 in 2008, which amended the development regulations for Renton's downtown and eliminated the "Downtown Core" overlay; and WHEREAS, in Ordinance 5357 the term "Center Downtown Zone" replaced the term "Downtown Core"; and WHEREAS, the Planning Commission held a public hearing on this issue on March 16, 2011; and WHEREAS, this change does not affect the goal or policies of the Comprehensive Plan; and WHEREAS, clean-up of the remaining references to the "Downtown Core" would ensure consistency in the Renton Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: 9f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011)Page 241 of 249 ORDINANCE NO. SECTION I. Subsection 4-2-130B.13.a of subsection 4-2-130B, Conditions Associated With Development Standards Table For Industrial Zoning Designations, 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", is hereby amended as follows: a. When abutting a public street, 1 additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e.g., inside the Center Downtown €efe Area in the CD Zone); SECTION II. Subsection 4-4-080F.10.e, Parking Spaces Required Based on Land Use, of Chapter 4, City-Wide Property Development Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the table heading "Commercial Activities Within the Center Downtown Core Zone" is revised as follows: COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN €©RE ZONE: SECTION III. Section 4-11-040, Definitions D, of Chapter 11, Definitions, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended so the definition of "Downtown Core Area" is deleted. SECTION IV. Subsection 9-10-11F.6, Removal of Utility Locate Marking From Sidewalks Required, of Chapter 10, Street Excavations, of Title IX (Public Ways and Property) of Ordinance 9f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011)Page 242 of 249 ORDINANCE NO. No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6. Removal of Utility Locate Markings from Sidewalks Required: The permittee will be required to remove utility locate marks on sidewalks only within the Center Downtown Core Area Zone. The permittee shall remove the utility locate marks within 14 days of job completion. SECTION V. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor ORD:1701:4/21/ll:scr 9f. ‐ Center Downtown Zone ‐ Title IV Docket #D‐63 (1st reading 5/16/2011)Page 243 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-8-110 OF CHAPTER 8, PERMITS - GENERAL AND APPEALS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A REFERENCE TO RCW 43.21.075. '0-(#4 WHEREAS, the City has consolidated its land use review process to allow for one open record appeal hearing consistent with state law; and WHEREAS, the City wishes to clarify code language to ensure that the state law is referenced; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and the matter having been duly considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and WHEREAS, the Planning Commission held a public hearing on March 2, 2011, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-8-110C.8, Limit on Number of Appeals, of Chapter 8, Permits - General and Appeals, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 9g. ‐ Land Use Applications & SEPA Mitigation Conditions Appeal Limits ‐ Title IV Docket #D‐64 (1st reading 5/16/2011)Page 244 of 249 ORDINANCE NO. 8. Limit on Number of Appeals: Per RCW 43.21.075,T-the City has consolidated the permit process to allow for only one (1) open record appeal of all permit decisions associated with a single development application. There shall be no more than one (1) appeal on a procedural determination or environmental determination such as the adequacy of a determination of significance, nonsignificance, or of a final environmental impact statement. Any appeal of the action of the Hearing Examiner in the case of appeals from environmental determinations shall be joined with an appeal of the substantive determination. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of ,2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor 9g. ‐ Land Use Applications & SEPA Mitigation Conditions Appeal Limits ‐ Title IV Docket #D‐64 (1st reading 5/16/2011)Page 245 of 249 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1710:4/21/ll:scr 9g. ‐ Land Use Applications & SEPA Mitigation Conditions Appeal Limits ‐ Title IV Docket #D‐64 (1st reading 5/16/2011)Page 246 of 249 I^MOjUsy £'/£-&• •// CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 6-6-9, OF CHAPTER 6, ANIMALS AND FOWL AT LARGE, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY CHANGING THE APPELLATE BODY FROM THE MUNICIPAL COURT TO THE HEARING EXAMINER. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 6-6-9A, Confiscation, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. Confiscation: Any dog alleged to be dangerous shall be confiscated, as soon as practical, by an animal control authority, subject to hearing and appeal pursuant to subsection B of this section. The dog alleged to be dangerous shall be placed in quarantine for a maximum often (10) business days after mailing or publishing of a notice of the City's intent to have the dog declared dangerous, to allow the owner time to comply with the appeal requirements of this chapter. If the owner does not appeal, or after denial of the appeal affirming that the dog is dangerous, the decision is not appealed to the Municipal Court Hearing Examiner, or the dog is not moved to a legal location outside of the City, the dog shall be immediately destroyed in an expeditious and humane manner. Costs of this procedure shall be assessed against the owner or keeper of the dangerous dog. 9h. ‐ Dangerous dogs appeal process code amendment (1st reading 5/16/2011)Page 247 of 249 ORDINANCE NO. Any dog previously determined to be dangerous is subject to immediate confiscation and destruction after seventy-two (72) hours. SECTION II. Subsection 6-6-9B.5 of subsection 6-6-9B, Hearing And Appeal Procedure, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 5. The owner may appeal the Police Chief's (or his/her designee's) final determination that the dog is dangerous to the Municipal Court Hearing Examiner. The Municipal Court Hearing Examiner shall sit in an appellate capacity only, the record being limited to the materials considered by the Police Chief or his/her designee. The decision of the Municipal Court Hearing Examiner is not subject to appeal. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ _, 2011. Denis Law, Mayor 9h. ‐ Dangerous dogs appeal process code amendment (1st reading 5/16/2011)Page 248 of 249 ORDINANCE NO.. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1703:3/24/ll:scr 9h. ‐ Dangerous dogs appeal process code amendment (1st reading 5/16/2011)Page 249 of 249