HomeMy WebLinkAboutCouncil 06/27/2011AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
June 27, 2011
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PROCLAMATIONS
a. Miss Washington Week ‐ June 27 to July 2, 2011
b. Parks and Recreation Month ‐ July 2011
4.ADMINISTRATIVE REPORT
5.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.
NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot
measure or candidate in City Hall and/or during any portion of the council meeting, including
the audience comment portion of the meeting, is PROHIBITED.
6.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 6/20/2011. Council concur.
b. City Attorney recommends adopting an ordinance to amend "massage" and "spa"
establishment regulations and penalties. Refer to Public Safety Committee.
c. Community and Economic Development Department requests authorization to initiate
the process for declaring as surplus City‐owned property located at 17040 108th Ave. SE (Old
Fire Station 13). Refer to Community Services Committee.
d. Community and Economic Development Department submits 60% Petition to Annex for the
proposed Gaile Annexation and recommends a public hearing be set on 7/11/2011 to consider
the petition; 43.6 acres located in the vicinity of SE 160th Pl. and 131st Pl. SE. Council concur.
e. Executive Department recommends approval of an interlocal agreement with the cities of
Auburn, Burien, Des Moines, Federal Way, SeaTac, Tukwila, and SCORE (South Correctional
Entity) regarding investigative assistance requests by SCORE. Council concur. (See 8.a. for
resolution.)
Page 1 of 87
f. Police Department requests review, comment and authorization to submit a grant application
and accept funds in the amount of $36,753 from the Edward Byrne Memorial Justice
Assistance Grant to help fund the Domestic Violence Victim Advocate program. Council
concur.
g. Utility Systems Division requests amending the 2011 Surface Water Utility Capital
Improvement Program budget, increasing the budget for the Lake Ave. S./Rainier Ave. S.
Storm System Replacement project in the amount of $350,000, by transferring $100,000 from
the Green River Ecosystem Restoration project and $250,000 from the Hardie Ave. SW/SW 7th
St. Storm System Improvement project. Council concur.
7.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Finance Committee: High School Golf Team Fee Waivers; Enterprise Agreement with Microsoft
8.RESOLUTIONS AND ORDINANCES
Resolution:
a. Interlocal agreement with south county cities and SCORE regarding investigative
assistance (See 6.e.)
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.)
10.AUDIENCE COMMENT
11.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
June 27, 2011
Monday, 6:00 p.m.
Financial Status Update; Regional Issues
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
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Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
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3a. ‐ Miss Washington Week ‐ June 27 to July 2, 2011
Page 3 of 87
3b. ‐ Parks and Recreation Month ‐ July 2011
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Ordinance Amending Chapter 6-15 RMC, Massage
Business
Meeting:
Regular Council - 27 Jun 2011
Exhibits:
Ordinance Amending Chapter 6-15 RMC, Massage
Business
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Garmon Newsom, x6487
Recommended Action:
Refer to Public Safety Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
In some “massage” and “spa” establishments in the City of Renton, prostitution and prostitution-
related criminal conduct has taken and continues to take place. This ordinance will amend RMC 6-15 to
address and remedy this unlawful conduct in purported "massage" and "spa" establishments. This
ordinance will require that a "massage establishment" obtain a business license. It will require that the
person(s) in charge as well as those working for, managing, or who have an ownership interest in the
massage establishment or property read pertinent sections of the RCW, WAC and this Chapter. This
ordinance will improve the City’s ability to address prostitution, promoting prostitution, and other
criminal conduct occurring in some of these establishments. This ordinance also sets penalties for
anyone who violates its proscriptions.
STAFF RECOMMENDATION:
Adopt the ordinance amending Chapter 6-15 RMC.
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 5 of 87
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
15 (MASSAGE BUSINESS) OF TITLE VI (POLICE REGULATIONS), OF ORDINANCE
NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON”, AMENDING THE REGULATIONS REGARDING MASSAGE
ESTABLISHMENTS, ADDING DEFINITIONS, AND MAKING UNLAWFUL CONDUCT
GROSS MISDEMEANORS AND MISDEMEANORS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS:
SECTION I.Chapter 15, Massage Business, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”,
is hereby amended by changing the title to “Massage Establishments” and replacing the entire
chapter with the following language:
CHAPTER 15
MASSAGE ESTABLISHMENTS
SECTION:
6-15-1: Purpose, Familiarity with Applicable City Code and State Law, and
Definitions
6-15-2: Massage Establishments and Massage Practitioners
6-15-3: Massage Establishment Property Owner Responsibility
6-15-4: Changes to Permit Status, Exemptions, and Appeals
6-15-5: Prohibited Activities and Prosecution
6-15-6:Conflicts
6-15-7:Severability
6-15-1 PURPOSE, FAMILIARITY WITH APPLICABLE CITY CODE AND STATE LAW,
AND DEFINITIONS:
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 6 of 87
ORDINANCE NO. ________
2
A.Purpose: The City of Renton (hereinafter the “City”) and its
representatives are committed to protecting the general welfare, morals, peace,
property values, public health, reputation, safety, and tranquility of the City of
Renton, its residents, and its guests, through the promulgation and enforcement
of laws regulating each sexually-oriented business (“SOB”), in addition to
obscenity, public indecency, and criminal and sexual offenses while not
impermissibly encroaching on freedom of speech under the federal and state
constitutions.
It is the City’s experience after a number of successful criminal prosecutions
for prostitution in alleged massage establishments that some people and
businesses regulated and/or defined in RCW 18.108.030, and businesses and
persons who allegedly offer massage, aromatherapy, relaxation, tanning, or
alternative therapeutic techniques that are not a part of medical treatment, are
actually SOBs or providing SOB services.
Therefore, it is the purpose and intent of the City, in enacting this chapter, to
regulate massage, aromatherapy, relaxation, tanning, and alternative
therapeutic techniques establishments which are sometimes used as SOBs, and
massage practitioners and related practitioners or those who purport to be
massage practitioners or related practitioners who sometimes engage in
unlawful conduct, for the protection of the public and the preservation of the
general welfare, morals, peace, property values, public health, reputation, safety
and tranquility of those in the City of Renton.
B.Familiarity with Applicable City Code and State Laws:
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 7 of 87
ORDINANCE NO. ________
3
Additionally, at the time that any massage establishment seeks to apply for,
obtain, reinstate, or renew a business license for a massage establishment, as
defined below, in the City of Renton, the person seeking to apply for, obtain,
reinstate, or renew a business license for a massage establishment will agree that
as a condition precedent to receiving a business license for a massage
establishment:
1.He or she has read and understands this chapter of the code in its
entirety; RCW 18.108, entitled “Massage Practitioners”; RCW 18.130, entitled
“Regulation of health professions - Uniform disciplinary act”; and the
Washington State Department of Health sexual misconduct rules for health care
providers under WAC 246-16, entitled “Standards of Professional Conduct”;
2.He or she agrees that he or she have will have each business license
holder, on-site manager, and/or massage practitioner, currently employed or
working at the business or subsequently employed or working at the business,
where a massage business in the City of Renton exists read this chapter of the
code in its entirety, each person will complete an affirmation of understanding
that will be maintained by the massage establishment (or that shall be submitted
to the City); and also require each person to read RCW 18.108, entitled “Massage
Practitioners”; RCW 18.130, entitled “Regulation of health professions - Uniform
disciplinary act”; and the Washington State Department of Health sexual
misconduct rules for health care providers under WAC 246-16, entitled
“Standards of Professional Conduct”.
C. Definitions: Throughout this chapter, unless it is plainly evident from the
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 8 of 87
ORDINANCE NO. ________
4
context that a different meaning is intended, the following words and phrases
shall apply, and the singular and plural of each word shall be interchangeable:
1.“Administrator” means the City of Renton Finance and Information
Technology Administrator or designee.
2.“Fully clothed” means wearing opaque clothing that is comparable to
the clothing commonly worn by nurses or hospital staff while performing their
professional duties.
3.“Inspector” means the Administrator, law enforcement officer, or any
City of Renton employee or designee who is directed, authorized, or responsible
for considering, finding, evaluating, or responding to unlawful and/or alleged
unlawful conduct under the code.
4.“Massage” means any method of adjusting, comforting, repairing,
soothing or treating the external parts of the body for hygienic, relaxation,
remedial, or any other reason or purpose, whether by means of friction against,
kneading, pounding, pressure on, rubbing, stroking, tapping, vibrating or other
manner of touching external parts of the body with the hands, or with the aid of
any electrical or mechanical apparatus or appliance, with or without
supplementary aids, including but not limited to rubbing alcohol, antiseptic,
cream, liniment, lubricant, oil, ointment, powder or other similar preparations
commonly used in this practice. The name of the method of adjusting,
comforting, repairing, soothing, or treating the external parts of the body for
hygienic, relaxation, remedial or any other reason or purpose is irrelevant for the
purpose of defining a “massage”. For purposes of this code, stress reduction or
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 9 of 87
ORDINANCE NO. ________
5
relaxation techniques, tanning, aromatherapy, and alternative therapeutic
treatment practitioners shall be regulated like massage practitioners if or when
they offer massages or the practice or technique involves touching or palpating.
5.“Massage alternatives” means conduct that meets the definition of
“massage” under this chapter, is not one of the exemptions noted in RCW
18.108, and is performed by a person who is not required to have a massage or
other health care professional license under RCW 18.108, as it currently exists or
is hereafter amended.
6.“Massage establishment” means any business conducted in the City
of Renton where any person, association, corporation, firm, partnership or
combination of individuals engages in, advertises, conducts, offers, permits,
solicits for money or any other consideration, the administration of a massage on
another. For purposes of this code, tanning, aromatherapy and alternative
therapeutic treatment establishments shall be regulated like massage
establishments, if it offers, permits or has practitioners who provide massages.
This definition shall not apply to those persons covered by RCW 18.108.050
entitled “Exemptions” as it currently exists or is amended in the future.
Notwithstanding the preceding sentence, this definition shall apply to the
administration of a massage by an independent contractor, volunteer or agent of
any person listed in the preceding sentence if that person engages in, purports to
be engaged in, or provides massage.
7. “Massage practitioner” means any person who administers a
massage, regardless of what they call the massage or the name of the business,
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 10 of 87
ORDINANCE NO. ________
6
to another person for monetary or any other consideration, and/or who is
licensed and/or governed by RCW 18.108 entitled “Massage practitioners”.
8.“Person” in this chapter means any individual, male or female, or
group of individuals.
9.“Sexually-oriented business” (“SOB”), as is applicable to this chapter
of the code except as otherwise defined in the code, means any business or
sexual encounter establishment that allows, features, permits or has any agents,
employees, independent contractors, partners, volunteers or others acting under
the authority, control or interest of the massage establishment, possessor, or
person with an interest in the massage establishment or property where the
massage establishment exists, appearing in a state of nudity, engaging in or using
live performances or photographic reproductions depicting, engaging, simulating,
or describing specified sexual activities or specified anatomical areas.
10.“Specified anatomical areas” means the following:
a.Less than completely and opaquely covered human genitals, pubic
region, anus, buttocks, and areola and nipple of the female breast;
b.Human male genitals in a discernibly turgid or vasocongestive
state, even if completely and opaquely covered;
c.Human female erogenous zones that are either stiff or erect or in
a vasocongestive state, even if completely and opaquely covered; and
d.Any device, costume or covering that simulates any of the body
parts included in subsections a, b, or c herein.
11.“Sexual activities” means any act of human masturbation, sexual
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 11 of 87
ORDINANCE NO. ________
7
intercourse, fellatio, cunnilingus, sodomy, or fondling or other erotic touching of
the specified anatomical areas.
12.“Unlawful conduct” means a business, condition, conduct or property
that is inconsistent with this code; any state, county, or municipal statute,
ordinance, rule or regulation; and/or endangers the dignity, health, morals,
property values, and/or safety of the residents, neighborhood or the community.
Each day that a violation exists shall constitute a separate violation subject to
separate costs and/or penalties.
Unlawful conduct includes but is not limited to:
a. Working and/or operating without a permit or license;
b. Working and/or operating outside the scope of a permit or
license;
c. Working and/or operating after a permit or license has been
denied, revoked, or suspended;
d. Contacting specified anatomical areas and/or sexual activity
between clients, guests, patrons, people or visitors who do not work at the
massage establishment, and any agents, employees, independent contractors,
partners, volunteers or others acting under the authority, control or interest of
the massage establishment, possessor, or any person with an interest in the
massage establishment or property where the massage establishment exists;
and/or
e. The failure to comply with any of the requirements provided in this
code.
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 12 of 87
ORDINANCE NO. ________
8
13. “Violator” means any person(s), including but not limited to the
possessor and/or owner of property, any person(s) having any interest in the
property, the property possessor or owner’s agent for property, employee,
manager, independent contractors and/or volunteer at a massage establishment
where unlawful conduct exists or is alleged to exist.
6-15-2 MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS:
A. Massage Establishment Permits: No person shall carry on, conduct or
engage in the business of a massage establishment or a recognized school of
massage without a permit and/or license as required by any applicable section of
the RMC, RCW and WAC, in particular RCW 18.108 “Massage practitioners”.
B.Operating Requirements: The following requirements are mandatory and
should be broadly construed to prevent offenses commonly associated with
SOBs, such as obscenity, public indecency, prostitution, promoting prostitution,
permitting prostitution, and other criminal and sexual offenses.
1.Employee Reporting Requirement: A business license holder shall
notify the Administrator in writing of the name and address of each person
employed as a massage practitioner or an on-site manager before the massage
practitioner or on-site manager begins their employment and not later than five
(5) business days after that person has accepted or agreed to employment.
2.Employment of Unlicensed Massage Practitioners Strictly Prohibited:
It is unlawful for any owner, manager, on-site or proposed on-site manager,
operator, agent/employee or business license holder in charge of or in control of
a massage establishment to employ or permit a person to act as a massage
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 13 of 87
ORDINANCE NO. ________
9
practitioner who is not in possession of a valid, unrevoked massage practitioner
permit issued pursuant to applicable state, county and/or City requirements.
When the massage establishment seeks to add a massage practitioner it
must provide proof that the massage practitioner has a valid state massage
license.
3.Attire: The massage practitioner shall at all times while on the
premises of the establishment, be clean, and wear opaque outer garments
covering the body from middle of the knee to neck. A massage practitioner shall
not reveal any specified anatomical area.
4.Manager Required: A massage establishment shall have an on-site
manager to ensure compliance with these provisions whenever it is open. The
on-site manager must be a minimum of eighteen (18) years old and must have
read this chapter’s requirements and be capable of communicating this chapter’s
provisions to the employees and patrons of the establishment, inspectors and
law enforcement. The manager is not permitted to provide massages unless the
manager has satisfied all of the massage practitioner requirements.
C.Structural Requirements: No massage or massage services shall be given
in a business or premises licensed pursuant to this chapter, or in an
establishment providing acupressure, shiatsu, skin care, body wrap or the like,
unless such business or premises complies with the following criteria:
1.Doors: No massage services shall be provided in an establishment
that provides such services in any cubicle, room, booth, or other area that is
fitted with a door that is locked or that is capable of being locked. The premises,
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 14 of 87
ORDINANCE NO. ________
10
exterior doors and the doors separating the waiting or reception area from the
remainder of the premises shall remain unlocked during business hours. Electric
locking devices, and/or jeweler’s doors are strictly prohibited.
2.Signs: Consistent with applicable City sign ordinances and rules,
there shall be a recognizable and readable exterior sign identifying the business,
and a recognizable and readable interior sign in an open public place within the
premises identifying the establishment, all services available and the price for
the service.
It shall be unlawful for an owner, manager, operator, managing
agent/employee, or business license holder to permit any massage practitioner
to offer or perform, any service other than those posted. Nothing in this
provision should be interpreted to justify any failure to comply with applicable
City ordinances or rules. If there is any conflict to more restrictive or stringent
provisions shall apply.
D. Inspections: At least once a year, and as necessary, the Administrator,
Inspector(s), and/or Public Health-Seattle & King County, and/or their authorized
representatives, shall have the right to make reasonable unscheduled
inspections to verify all business licenses and related materials, and to enforce
compliance with applicable regulations, laws, and provisions of this chapter.
1.Upon receipt of an application for a business license or an application
to renew a business license to perform massage as the principal business or part
of the business to be offered or performed in the City, the Administrator,
Inspector(s), and/or Public Health-Seattle & King County, and/or their authorized
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 15 of 87
ORDINANCE NO. ________
11
representatives shall inspect and/or cause to be inspected the massage
establishment premises within twenty (20) days of the business license
application or application to renew the business license to ascertain whether the
premises and the activities and records maintained in the business are in
compliance with applicable regulations, laws, and provisions of this chapter; and
2.If the premises, the activities within, and/or the records maintained in
the business are not in compliance with applicable regulations, laws, and
provisions of this chapter, the Administrator, Inspector(s), and/or Public
Health-Seattle & King County, and/or their authorized representatives, shall
notify the applicant and/or the massage establishment, in writing, of the
deficiencies, and shall reinspect and/or cause reinspection of the premises, the
activities within, and/or the records.
3.Consistent with RCW 18.108.190, state and local law enforcement
personnel shall have the authority to inspect the premises at any time including
business hours.
E.Massage Alternatives: For those persons who engage in conduct that
meets the definition of “massage” under this chapter, whose conduct is
not exempt pursuant to RCW 18.108, and who is not required to have a
massage license under the RCW, the City will require those persons to:
1.Complete the City’s Massage Alternatives business license application
and pay any fees or costs related to the application or the City’s investigation of
the applicant’s qualifications and fitness to perform massage alternatives. Failure
to accurately complete the application and pay any fees or costs shall be a basis
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 16 of 87
ORDINANCE NO. ________
12
for denial or immediate revocation of the license;
2.Agree to be bound by the requirements of RCW 18.108.076; RCW
18.108.085(2) and (3); RCW 18.108.190; RCW 18.130.110; RCW 18.130.120; RCW
18.130.170; RCW 18.130.172; RCW 18.130.180; RCW 18.130.185; RCW
18.130.190; and RCW 18.130.200 as they currently exist or are hereafter
amended;
3.Provide documents consistent with RCW 18.130.230 as it currently
exists or is hereafter amended;
4.Provide proof of successful completion of a course of study in an
approved massage alternative program or approved apprenticeship program;
5.Be eighteen (18) years of age or older.
6.The Administrator may request and the applicant is required to
provide any information and documentation that reasonably relates to the need
to determine whether the applicant meets the criteria for licensure. The
Administrator shall establish by rule what constitutes adequate proof of meeting
the criteria.
7.Any applicable portion of RCW 18.108 or 18.130 or the related WAC,
that refers to the secretary shall mean the Administrator in Renton.
F.The Business License is not Transferable: No business license for a
business that offers or performs massages may be sold, transferred or
assigned by the license holder, or by operation of law, to any other
person or persons, and any such sale, transfer or assignment, or
attempted sale, transfer or assignment, shall be deemed to constitute a
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 17 of 87
ORDINANCE NO. ________
13
voluntary surrender of such business license and such business license
shall thereafter be deemed terminated and void with nor right for
reimbursement or a pro rata refund.
G.In those instances where a massage establishment, massage premises, or
a location that has generally been used for some sort of massage
business, whether the owner is the same or different, whether the
property owner is the same or different, and that location has had three
(3) or more violations and/or convictions for conduct that violates this
section in the preceding ten (10) years, that massage establishment,
massage premises or location must satisfy greater initial scrutiny.
Specifically, in addition to the forgoing requirements, each massage
practitioner shall individually register with the City. If after three (3) years
there have been no further incidents that violate this code, this greater
initial scrutiny will no longer be required.
6-15-3 MASSAGE ESTABLISHMENT PROPERTY OWNER RESPONSIBILITY:
A.Purpose: To eliminate the circumstances where property owners fail to
exercise appropriate care and/or supervision over their tenants, lessees, or
property possessors, and the property is then used for or permits unlawful
conduct including, but not limited to prostitution, sexual activities, and the
unlicensed massage practice.
B.The owner(s) shall be responsible for and it shall be a gross misdemeanor
for the owner(s) to fail to:
1.Inquire about the operation of the massage establishment that the
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 18 of 87
ORDINANCE NO. ________
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owner(s) permit to operate in or on the property;
2.Ask for and maintain a current copy of the massage establishment’s
state, and/or municipal licenses and/or permits; and
3.Report any violation of the any applicable statute, ordinance, rule or
regulation to the City and any other appropriate entities.
6-15-4 CHANGES TO PERMIT STATUS, EXEMPTIONS, AND APPEALS:
A. Administrator’s Action - Modify, Revoke or Suspend a Permit: The
Administrator may modify, revoke or suspend a business license if a license
holder, massage practitioner, on-site manager, property owner and/or a person
hired, employed or permitted to use massage facility space by a license holder
has done any of the following: (There is a presumption of knowledge once the
person signs the application).
1.Entered a plea of guilty, been convicted, or pled nolo contendere in a
court of competent jurisdiction of any of the following offenses within the prior
ten (10) years:
a.Prostitution (RCW 9A.88.030), Promoting Prostitution
(RCW 9A.88.070 or 9A.88.080), Permitting Prostitution
(9A.88.090), obscenity, organized crime, any sexual
offenses, or tax or financial crimes;
b.a felony offense involving the sale of a controlled
substance;
c.a criminal offense that relates directly to the operation of a
massage establishment, its massage practitioners, or the
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 19 of 87
ORDINANCE NO. ________
15
massage property;
d.a crime involving dishonesty, fraud, deceit, or moral
turpitude;
e.conspiracy or attempt to commit any of the aforesaid
offenses; or
f.any lesser-included offenses of any of the offenses above;
2.Failed to permit the City or any authorized persons to conduct any
inspections authorized by the Renton Municipal Code, King County Code, WAC
and the RCW, including but not limited to RCW 18.108.190;
3.Violated one (1) or more provisions of this chapter;
4.Failed to prevent criminal activity on the business premises, by failing
to stop the activity at its inception and/or failed to call law enforcement whether
or not the criminal activity stopped based on the massage practitioner’s request;
5.Failed to disclose that he or she was not a licensed massage
practitioner under RCW 18.108.030, as it currently exists or is amended in the
future, or failed to disclose that his or her license under that section was
modified, revoked or suspended; or
6.Failed to abide by a prior City imposed disciplinary action.
7.Any City of Renton business license holder or person(s) who
provide(s) or allow(s) to be provided any services which fall within any of the
categories of “sexually-oriented business”, as defined in subsection 6-15-1B.8 of
this chapter, without required state licenses or when engaged in protected
speech, shall immediately have his or her City of Renton business license(s)
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 20 of 87
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revoked. No services conducted by a massage establishment or a massage
practitioner will be permitted to continue upon revocation of the license, subject
to RMC 6-15-5C.
B.The Administrator’s decision to modify, revoke or suspend a business
license should be in writing, should be sent by first-class mail, return receipt
requested, and the decision should note that the massage establishment and/or
massage practitioner(s) may appeal.
C.Exemptions: The provisions of this chapter shall not apply to those
individuals that qualify for an exemption under RCW 18.108.050 as it currently
exists or is amended in the future.
D.Appeals of the Administrator’s Action: Any massage establishment or
massage practitioner directly affected by an Administrator’s decision may appeal
within seven (7) business days to the actual Department Administrator. The
appeal shall be considered in writing unless the actual Department Administrator
decides that an in person hearing should be held. The decision to the appeal
shall be rendered as soon as possible, but not later than ten (10) business days
after the filing of the appeal.
1.Burden of Proof at Appeal: The burden of proof before the actual
Department Administrator shall rest upon the City to prove the existence of
grounds to revoke the business license of the massage business.
2.Private Agreements are not a defense: It shall be no defense in the
license revocation proceeding that there exists a written or oral agreement
between the license holder or an employee, independent contractor or other
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 21 of 87
ORDINANCE NO. ________
17
person alleged to have committed acts declared to be a nuisance herein, that the
person would not perform illegal acts on the premises of the massage business.
3.Proof of conviction: Proof of conviction of any employee, owner or
independent contractor or other person while on the massage business
premises, of the crime of prostitution, or of any of the other offense listed in
RMC 6-15-4A.1, 2, 4 – 6, shall be prima facie proof of grounds to revoke the
massage business license or to affirm the revocation of a massage business
license.
E.Presumption: Each employee, on-site manager, owner or independent
contractor or other person while on the massage business premises, shall be
presumed to know and understand that a state massage license is required
before anyone may act as a massage practitioner; and that each person
mentioned or described above knows what activities are prohibited RCW 18.108
(Massage Practitioners); RCW 18.130 (Regulation of health professions --
Uniform disciplinary act); the Washington State Department of Health sexual
misconduct rules for health care providers under WAC 246-16, (Standards of
Professional Conduct); and this chapter of the RMC. Each chapter of the RCW
noted immediately above is hereby fully incorporated by reference as they
currently exist or may be amended in the future.
6-15-5 PROHIBITED ACTIVITIES AND PROSECUTION:
A.The following are strictly and broadly prohibited, and it shall be unlawful
for the massage establishment, the massage practitioner and/or the
massage client, guest, patron or visitor:
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 22 of 87
ORDINANCE NO. ________
18
1.To lock the massage establishment doors during business hours.
2.To perform as a massage practitioner without a permit issued
pursuant to the RCW, WAC, King County Code, or any other applicable law, rule
or regulation.
3.To hire or employ a massage practitioner unless such massage
practitioner possesses a valid, existing license and/or permit required by this
chapter or any state law.
4.To massage or remain in the presence of a the patron who is not
wearing clothing which conceals or covers with an opaque material the male
patron’s genitals and buttocks, or the female patron’s breasts, genitals, or
buttocks.
5.To wear attire that is not opaque during work hours, to be nude or
partially nude and/or to perform services without wearing appropriate business
attire.
6.To allow any client, patron, guest or visitor to expose his or her
specified anatomical areas or buttocks to others, or to make physical contact
with the specified anatomical areas or buttocks of the massage practitioner or
any other person.
7.To expose his or her specified anatomical areas to others, or to make
physical contact with the specified anatomical areas or buttocks of anyone.
8.To knowingly provide or allow to be provided massage services at a
massage establishment that does not comply with the operating requirements of
this chapter, the RCW, WAC or other applicable law.
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 23 of 87
ORDINANCE NO. ________
19
B.Prosecution: Unlawful conduct or the violation of any of the provisions
listed above, which are not specifically noted to be gross misdemeanors
or misdemeanors (as provided in RCW 9A.20.021(2) or (3) as they
currently exist or may be amended in the future), and may result in
criminal prosecution in addition to the administrative penalties previously
mentioned, shall be a misdemeanor.
1. A person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of
the City is committed, continued, or permitted by any such person, and such
person shall be punished accordingly and to the full extent of the law.
a.A person’s first criminal violation conviction under this code shall
have a mandatory minimum sentence of five (5) days in jail without the option of
a jail alternative, and the minimum penalty for the first violation shall be five
hundred dollars ($500), not including costs, court costs, fees, and assessments;
b.A person’s second criminal violation conviction under this code
shall have a mandatory minimum sentence of fifteen (15) days in jail without the
option of a jail alternative, and the minimum penalty for the second violation
shall be seven hundred fifty dollars ($750), not including costs, court costs, fees,
and assessments;
c.A person’s third criminal violation conviction under this code shall
have a mandatory minimum sentence of forty-five (45) days in jail without the
option of a jail alternative, and the minimum penalty for the third violation shall
be one thousand dollars ($1,000), not including costs, court costs, fees, and
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 24 of 87
ORDINANCE NO. ________
20
assessments; and
d.All criminal violation convictions after the third criminal conviction
under this code shall be a gross misdemeanor and shall have a mandatory
minimum sentence of ninety (90) days in jail without the option of a jail
alternative, and the minimum penalty shall be one thousand five hundred dollars
($1,500), not including costs, court costs, fees, and assessments.
e.Gross misdemeanors are governed by the RCW 9A.20.021(2), and
misdemeanors are governed by RCW 9A.20.021(3) as they currently exist or may
be amended in the future as well as related or appropriate sections of the RCW.
Each section is hereby incorporated by reference.
2. It is unlawful for an owner of a property that is used for or by a
massage establishment, to allow, permit, or fail to stop illegal, illicit, or
prohibited conduct under this code or any applicable law from occurring on or in
said property after being provided verbal or written notice by any Washington
State or municipal governmental body or law enforcement agency. Violation of
this section shall be a gross misdemeanor.
a.The prohibited conduct includes, but is not limited to, sexual
activities and/or massages performed by any person who is not licensed as a
massage practitioner in Washington State.
b.The penalties for such an offense are the same as the penalties for
the person(s) who is/are actually performing the illegal, illicit, or prohibited
conduct under this code, including but not limited to sexual activities, unless
superseded by a RCW or federal charge.
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 25 of 87
ORDINANCE NO. ________
21
C.Abatement of Nuisances: Any act described to be a unlawful pursuant to
this RMC 6-15-5 shall be a nuisance, and any premises or massage
business which is found to be a public nuisance pursuant to this chapter
or RMC 1-3-3 or state law shall be subject to abatement through an
action filed and prosecuted in any court of general jurisdiction of this
State. In the event that the court finds that such a nuisance exists, then
the court shall award to the City, in addition to the other relief permitted,
the attorney’s fees and all costs incurred by the City in the investigation
and prosecution of the nuisance abatement proceeding, including any
appeal and all costs incurred in the abatement of the public nuisance. See
RMC 1-3-3 (Nuisances).
The prohibited conduct in this chapter shall be Nuisances under RMC 1-3-3,
in addition to being crimes.
6-15-6 CONFLICTS:
In the event of a conflict between this and any other provision of this code or
City ordinance providing for a civil penalty the more specific provision shall
control.
6-15-7 SEVERABILITY:
If any one of more subsections or sentences of this chapter are held to be
unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this chapter and the same shall remain in full force and
effect.
SECTION II.This ordinance shall be effective upon its passage, approval, and thirty
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 26 of 87
ORDINANCE NO. ________
22
(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
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1694:6/20/11:scr
6b. ‐ City Attorney recommends adopting an ordinance to
amend "massage" and "spa" establishment regulations and penalties.
Page 27 of 87
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Determination of Surplus Property Status for Old
Fire Station 13 Located at 17040 108th Ave SE
Meeting:
Regular Council - 27 Jun 2011
Exhibits:
Issue Paper
Resolution
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Bob Mac Onie x7369
Recommended Action:
Refer to Community Services Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Until recently, the property at 17040 108th Ave SE was used as Fire Station 13. In March 2008, the
property located at 18002 108th Ave SE, King County Fire Station 40, was annexed to the City of Renton.
As part of the annexation agreement with the County, the City took possession of Fire Station 40 with
the intention of relocating Fire Station 13 to Fire Station 40. This relocation has been completed. Thus,
the property located at 17040 108th Ave SE is no longer needed by the City of Renton. In order to sell or
otherwise divest this property, it needs to be declared surplus.
STAFF RECOMMENDATION:
Approve initiation of the Surplus Property Procedures (Policy & Procedures 100-12) to include
authorizing an appraisal of the old Fire Station 13 property and setting a public hearing date.
6c. ‐ Community and Economic Development Department requests
authorization to initiate the process for declaring as surplus City‐owned Page 28 of 87
h:\ced\planning\technical services\projects\fire station 13\issue paper.doc
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 15, 2011
TO:Terri Briere, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
CC:Jay Covington, CAO
FROM:Alex Pietsch, Administrator
STAFF CONTACT:Bob Mac Onie, Mapping Coordinator (x7369)
Peter Renner, Facilities Director (x6605)
SUBJECT:Determination of Surplus Property Status for Old Fire Station
13 Located at 17040 108th Ave SE
ISSUE:
Until recently, the property at 17040 108th Ave SE was used as Fire Station 13. In March
2008, the property located at 18002 108th Ave SE, King County Fire Station 40, was
annexed to the City of Renton. As part of the annexation agreement with the County,
the City took possession of Fire Station 40 with the intention of relocating Fire Station 13
to Fire Station 40. This relocation has been completed. Thus, the property located at
17040 108th Ave SE is no longer needed by the City of Renton. In order to sell or
otherwise divest this property, it needs to be declared surplus.
RECOMMENDATION:
The Administration requests Council approve the initiation of the Surplus Property
Procedures (Policy & Procedures 100-12), authorizing an appraisal of the old Fire
Station 13 property, and set a public hearing on this matter for September 12, 2011.
BACKGROUND SUMMARY:
On March 1, 2008, the effective date of the Benson Hill Annexation, King County Fire
Station 40, located at 18002 108th Ave SE, became the new location of the City of
Renton’s Fire Station 13.
Fire Station 13 has been relocated from the City-owned property located at 17040 108th
Ave SE to the former King county Fire Station 40 property located at 18002 108th Ave SE
and the original Fire Station 13 structures have been demolished. Thus, the property
located at 17040 108th Ave SE will no longer be needed by the City of Renton. In order
to sell this property, this property needs to be declared surplus.
The City’s Policy and Procedure 100-12 sets forth the process for declaring City-owned
property to be surplus property. Initiation of the process requires City Council approval.
Upon approval, Council must authorize that an appraisal be ordered and set a public
6c. ‐ Community and Economic Development Department requests
authorization to initiate the process for declaring as surplus City‐owned Page 29 of 87
Terri Briere, Council President
Page 2 of 2
June 15, 2011
h:\ced\planning\technical services\projects\fire station 13\issue paper.doc
hearing date as nearly as possible to 60 days of this approval.
At the conclusion of the public hearing and approval of the matter, Council shall declare
the property to be surplus to the needs of the City of Renton and adopt a resolution
which makes this declaration and which sets the amount of compensation.
Upon adoption of such resolution, the property will be offered to other City
departments, local governmental agencies, abutting property owners and any parties
having expressed interest in the property. If the property is not sold, the property will
be advertised for sale for one week following the public hearing using a sealed bid
process. The highest and best offer received during the two weeks following this
advertisement will be accepted. If the property is not sold during this bid process,
marketing will continue on a first-come, first-served basis.
6c. ‐ Community and Economic Development Department requests
authorization to initiate the process for declaring as surplus City‐owned Page 30 of 87
6c. ‐ Community and Economic Development Department requests
authorization to initiate the process for declaring as surplus City‐owned Page 31 of 87
6c. ‐ Community and Economic Development Department requests
authorization to initiate the process for declaring as surplus City‐owned Page 32 of 87
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Gaile Annexation - 60% Direct Petition
Meeting:
Regular Council - 27 Jun 2011
Exhibits:
Issue Paper
60% Direct Petition
King County Certificate
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 May 24, 2011, to annex approximately 43.6-
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 taxable 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 Fairwood pre-zone
(Ordinance #5561).
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 July 11, 2011, for a public hearing to consider the 60% Direct Petition and proposed zoning for the
Gaile Annexation and authorize forwarding of the Notice of Intent package to the Boundary Review
Board for King County.
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 33 of 87
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 27, 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:Gaile Annexation - Acceptance of 60% Direct Petition to
Annex
ISSUES:
Should the City Council accept the 60% Direct Petition to Annex from the Gaile
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 43.6-acre Gaile
Annexation site;
·Council authorize the Administration to forward the Notice of Intent for
the Gaile Annexation to the Boundary Review Board for King County for
their review.
BACKGROUND SUMMARY:
At its April 4, 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 April 4, 2011, Gaile Annexation 10% Notice of Intent
issue paper. On May 24, 2011, the petitioner submitted the 60% Direct Petition to
Annex. That petition was certified as sufficient, with signatures of property owners
representing at least 60% of the taxable value of the annexation area, by King County on
June 1, 2011.
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 Fairwood Prezone (Ordinance #5561). The R-4 zoning
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 34 of 87
Terri Briere, Council President
Page 2 of 2
June 6, 2011
Page 2 of 2
will become effective at the time of annexation.
Revised Fiscal Analysis
At the direction of Council, Staff has been working on revising the methodology and
assumptions used to analyze the fiscal impact a proposed annexation is anticipated to
have on the City. Many revisions have been made to the analysis to try to more
accurately 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 Gaile annexation using the revised model is
attached.
CONCLUSION:
The proposed Gaile 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 Gaile 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.
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 35 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 36 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 37 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 38 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 39 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 40 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 41 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 42 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 43 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 44 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 45 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 46 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 47 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 48 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 49 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 50 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 51 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 52 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 53 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 54 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 55 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 56 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 57 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 58 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 59 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 60 of 87
6d. ‐ Community and Economic Development Department submits 60%
Petition to Annex for the proposed Gaile Annexation and recommends a Page 61 of 87
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
SCORE Investigative Assistance Agreement
Meeting:
Regular Council - 27 Jun 2011
Exhibits:
Investigative Assistance Agreement
Resolution
Submitting Data: Dept/Div/Board:
Executive
Staff Contact:
April Alexander, Executive Secretary
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
A governmental administrative agency—the South Correctional Entity (SCORE)—was formed among the
cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila (collectively the
“Cities), effective October 1, 2009, through an amended and restated interlocal agreement. In the past,
these cities have worked closely in all aspects of policing services and wish to continue such a
relationship with regard to the new detention facility built by SCORE, including investigation of any
criminal or significant activity. An interlocal agreement between the Cities and SCORE regarding
investigative assistance for criminal or significant activity at SCORE will document the terms and
conditions under which the Cities will provide SCORE with investigative assistance.
STAFF RECOMMENDATION:
Approve an interlocal agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Renton,
SeaTac and Tukwila and SCORE for investigative assistance and adopt the Resolution.
6e. ‐ Executive Department recommends approval of an interlocal
agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Page 62 of 87
6e. ‐ Executive Department recommends approval of an interlocal
agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Page 63 of 87
6e. ‐ Executive Department recommends approval of an interlocal
agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Page 64 of 87
6e. ‐ Executive Department recommends approval of an interlocal
agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Page 65 of 87
6e. ‐ Executive Department recommends approval of an interlocal
agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Page 66 of 87
6e. ‐ Executive Department recommends approval of an interlocal
agreement with the cities of Auburn, Burien, Des Moines, Federal Way, Page 67 of 87
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Edward Byrne Memorial Justice Assistance Grant
(JAG) Program FY 2011 Local Solicitataion
Meeting:
Regular Council - 27 Jun 2011
Exhibits:
Edward Byrne Memorial Justice Assistance Grant
FY 2011 Local Solicitation
Submitting Data: Dept/Div/Board:
Police
Staff Contact:
Melissa Day, Tim Troxel
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $36,753 Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $$36,753
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City of Renton Police Department is applying for the Edward Byrne Memorial Justice Assistance
Grant to help fund our Domestic Violence Advocacy Assistance Program. There is $36,753 in funding
available. The grant requires no contributing funds for eligibility. The duration of the grant is for four
years from approval by the Office of Justice Programs, although the funds are available for the
application year. It does require that the application, in its entirety, be made available to the Mayor,
City Council, and public for a minimum of 30 days prior to submission for the purpose of allowing
comment. The application will be published on the City website and copies will be available in the City
Clerk's Office and the Police Department for pubic review and comment. Once the Department of
Justice receives our application and proof of compliance with the 30 days' notice requirement, it will
determine whether to approve our application and notify the city accordingly. Once approved by the
Department of Justice, the city needs to formally accept the Grant.
Procedures to be followed for this grant include:
1. Mayor and Council review and comment on the application.
2. Publish the application on the City website for public disclosure and review.
3. Place copies of the application in the City Clerk's Office and the Police Department for public
disclosure and review.
4. Submit the Grant Application to the Department of Justice.
STAFF RECOMMENDATION:
Provide comment on the Grant Application and authorize submission of the Grant Application to the
Department of Justice following completion of the required review process.
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 68 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 69 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 70 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 71 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 72 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 73 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 74 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 75 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 76 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 77 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 78 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 79 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 80 of 87
6f. ‐ Police Department requests review, comment and authorization to
submit a grant application and accept funds in the amount of $36,753 Page 81 of 87
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Lake Avenue South / Rainier Avenue South Storm
System Project Budget Adjustment
Meeting:
Regular Council - 27 Jun 2011
Exhibits:
Issue Paper
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ron Straka, x7248
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $$350,000
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The Surface Water Utility is requesting an adjustment to the approved 2011 Surface Water Utility
Capital Improvement Program to increase the budget for the Lake Avenue South / Rainier Avenue South
Storm System Replacement project, in the amount of $350,000, from $1,223,500 to $1,573,500, by
transferring funding from the Green River Ecosystem Restoration Project and the Hardie Ave SW-SW 7th
Street Storm System Improvement Project. Additional funding in the Lake Avenue South/ Rainier Avenue
South Storm System Replacement Project budget is anticipated to be needed for increased construction
based upon final design cost estimates, the potential need for disposal of contaminated soil and
groundwater during construction, and engineering costs. The approval of a transfer of $100,000 from
the approved 2011 CIP budget for the Green River Ecosystem Restoration project of $200,000 and the
transfer of $250,000 from the Hardie Ave SW - SW 7th Street Storm System Improvement Project budget
of $592,060 to the Lake Ave S / Rainier Ave S Storm System Project is requested. Both projects will have
sufficient budget remaining to complete work planned on these projects in 2011 and 2012 following the
$350,000 budget transfer.
STAFF RECOMMENDATION:
Approve an adjustment to the 2011 Surface Water Utility Capital Improvement Program budget to
increase the Lake Avenue South / Rainier Avenue South Storm System project budget in the amount of
$350,000, by transfer of $100,000 from the Green River Ecosystem Restoration Project and $250,000
from the Hardie Ave SW / SW 7th Street Storm System Improvement Project.
6g. ‐ Utility Systems Division requests amending the 2011 Surface Water
Utility Capital Improvement Program budget, increasing the budget for
Page 82 of 87
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 17, 2011
TO:Terri Briere, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Ron Straka, Surface Water Utility Engineering Supervisor x7248
SUBJECT:Lake Ave S / Rainier Ave S Storm System Replacement Project
Budget Adjustment
ISSUE:
Should the Council approve an adjustment to the 2011 Surface Water Utility Capital
Improvement Program budget to increase the Lake Ave S / Rainier Ave S Storm System
Project budget, in the amount of $350,000, by authorizing the transfer of $100,000 from
the Green River Ecosystem Restoration Project and $250,000 from the Hardie Ave SW /
SW 7th Street Storm System Improvement Project to the Lake Ave S / Rainier Ave Storm
System Replacement Project?
RECOMMENDATION:
Approve an adjustment to the 2011 Surface Water Utility Capital Improvement Program
budget to increase the Lake Ave S / Rainier Ave S Storm System Project budget, in the
amount of $350,000, by authorizing the transfer of $100,000 from the Green River
Ecosystem Restoration Project and $250,000 from the Hardie Ave SW / SW 7th Street
Storm System Improvement Project to the Lake Ave S / Rainier Ave Storm System
Replacement Project.
The proposed adjustment to the 2011 CIP funding for each project is as follows:
Project Current 2011
CIP Budget
Proposed
Change
Adjusted 2011
CIP Budget
Lake Ave S / Rainier Ave S Storm
System Project (Acct# 427.475445)$1,223,500 +$350,000 $1,573,500
Green River Ecosystem Restoration
Project (Acct# 427.475295)$200,000 -$100,000 $100,000
Hardie Ave SW-SW 7th Street Storm
System Improvement Project (Acct#
427.475475)
$592,060 -$250,000 $342,060
BACKGROUND SUMMARY:
6g. ‐ Utility Systems Division requests amending the 2011 Surface Water
Utility Capital Improvement Program budget, increasing the budget for
Page 83 of 87
Ms. Terri Briere, Council President
Page 2 of 3
June 17, 2011
H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3529 Lake Ave-Rainier Ave\1000
Corrsdp-City\20110627b Issue Paper-Lake Ave Budget.doc\RSah
The Lake Ave S / Rainier Ave S Storm System Replacement Project is located in the
vacated Lake Ave S right-of-way between S 3rd Street and S 2nd Street that the City
retained a 60-foot wide easement over for public utilities. The purpose of the project is
to replace an existing storm line that is at risk of failure due to poor structural condition
and is undersized for current peak storm flows, which results in upstream flooding in
Lake Ave S.
The project is located under the parking lots for several businesses including Walker
Renton Subaru Used Cars and the Safeway grocery store. The site contains complicating
factors such as high groundwater levels in the pipe zone, and the potential for
encountering low levels of petroleum affected soil and groundwater from previous
property uses. Petroleum affected soil and groundwater will require extra disposal
costs, if encountered during construction. To reduce the amount of dewatering and soil
that may need to be disposed of the Surface Water Utility chose to install a majority of
the new storm system by boring a casing under parts of the parking lots.
The approved 2011 CIP budget for the project is $1,223,500. An additional $120,000
may be needed during the construction of the project based upon current construction
cost estimates, but the exact amount, if any, will depend upon receiving actual
construction bids. An additional $150,000 may be required for disposal of petroleum
affected soil and groundwater, if encountered during construction. There may be a
need for archaeological consultant services during construction, along with additional
engineering, construction inspection, groundwater and soil monitoring, and staff costs
are estimated be a total of $80,000. The total estimated increase for all of these
anticipated additional costs is $350,000. The Surface Water Utility recommends
increasing the approved 2011 project budget by $350,000 to $1,573,500.
The project has been advertised for bids and the bid opening is scheduled for June 30,
2011. If all the bids are in order and there are no significant irregularities the
recommendation to award the bid will be placed on the July 11, 2011 City Council
agenda.
The Surface Water Utility proposes to fund the $350,000 budget increase by transferring
$100,000 from the Green River Ecosystem Restoration Project and $250,000 from the
Hardie Ave SW – SW 7th Street Storm System Improvement Project to the Lake Ave S /
Rainier Ave S Storm System Replacement Project. Both projects will have sufficient
budget remaining to complete work planned on these projects in 2011 and 2012
following the $350,000 budget transfer.
CONCLUSION:
Approve the $350,000 transfer from the approved 2011 Surface Water Utility Capital
Improvement Program budgets for the Green River Ecosystem Restoration Project and
the Hardie Ave SW – SW 7th Storm System Improvement Project to the Lake Ave S /
Rainier Ave S Storm System Replacement Project.
6g. ‐ Utility Systems Division requests amending the 2011 Surface Water
Utility Capital Improvement Program budget, increasing the budget for
Page 84 of 87
Ms. Terri Briere, Council President
Page 3 of 3
June 17, 2011
H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3529 Lake Ave-Rainier Ave\1000
Corrsdp-City\20110627b Issue Paper-Lake Ave Budget.doc\RSah
cc: Lys Hornsby, Utility Systems Director
JoAnn Wykpisz, PW Principal and Financial Analyst
Hai Nguyen, Finance Budget Analyst
File
6g. ‐ Utility Systems Division requests amending the 2011 Surface Water
Utility Capital Improvement Program budget, increasing the budget for
Page 85 of 87
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE
AGREEMENT BETWEEN THE CITIES OF AUBURN, BURIEN, DES MOINES,
FEDERAL WAY, RENTON, SEATAC AND TUKWILA, AND SCORE REGARDING
INVESTIGATIVE ASSISTANCE FOR CRIMINAL OR SIGNIFICANT ACTIVITY
OCCURRING AT SCORE.
WHEREAS, pursuant to an Amended and Restated SCORE Interlocal Agreement, dated
October 1, 2009, among the Cities of Auburn, Burien, Des Moines, Federal Way, Renton,
SeaTac and Tukwila (collectively the "Cities"), there was formed a governmental administrative
agency pursuant to RCW 39.34.030(3), known as the South Correctional Entity ("SCORE"); and
WHEREAS, political subdivisions of the state are authorized by the Interlocal
Cooperation Act, RCW 39.34, to enter into interlocal agreements; and
WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93, allows for the
provision of mutual aid by and between law enforcement agencies; and
WHEREAS, the Cities and SCORE desire to fairly distribute any added work load
involving investigation of any criminal or significant activity that occurs at the SCORE facility; and
WHEREAS, the Parties desire to document the terms and conditions under which the
Cities will provide SCORE with investigative assistance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
1 8a. ‐ Interlocal agreement with south county cities and SCORE regarding
investigative assistance (See 6.e.)
Page 86 of 87
RESOLUTION NO.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal cooperative agreement with the Cities of Auburn, Burien, Des Moines, Federal Way,
Renton, SeaTac and Tukwila and SCORE for investigative assistance.
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
RES.1509:6/7/ll:scr
2 8a. ‐ Interlocal agreement with south county cities and SCORE regarding
investigative assistance (See 6.e.)
Page 87 of 87