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HomeMy WebLinkAboutCouncil 02/14/2011AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  February 14, 2011  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.ADMINISTRATIVE REPORT 4.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. 5.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 2/7/2011.  Council concur.  b. Community and Economic Development Department submits 10% Notice of Intent to annex  petition  for  the  proposed  Gaile  Annexation  and  recommends  a  public  meeting  be  set  on  2/28/2011 to consider the petition; 43.6 acres located in the vicinity of SE 160th Pl. and 131st  Pl. SE.  Council concur.  c. Finance and Information Technology Department requests approval to write off bad debt in the  total amount of $23,054.41. Refer to Finance Committee.  d. Finance and Information Technology Department recommends adopting a resolution to set the  threshold  and  state  sales  tax  rebate  for  2011,  related  to  the  Benson  Hill  Communities  annexation. Refer to Finance Committee.  e. Transportation  Systems  Division  recommends  approval  of  the  2011‐2012  One  Card  for  All  (ORCA)  Business  Passport interlocal  agreement  with  King  County  METRO,  Pierce  Transit,  Sound Transit, Community Transit, Kitsap Transit, and the Washington State Ferries Division in  the  amount  of  $39,467.55  to  continue  the  Commute  Trip  Reduction  Program  for  City  employees.  Council concur.  f. Utility  Systems  Division  recommends  approval  of  an  addendum  to  CAG‐64‐764,  with  Soos  Creek Water and Sewer District, in the amount of $40,000 detailing certain responsibilities,  including cost sharing, pertaining to needed maintenance and rehabilitation of the sanitary  sewer line known as the Cascade Interceptor.  Refer to Utilities Committee.  Page 1 of 95 6.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:  Golf Course Fee Waiver Request; CROPWALK Fee Waiver Request  b. Planning & Development Committee:  Housing Opportunity Fund Award for Providence Renton  House; Title IV (Development Regulations) Docket #5*  c. Transportation (Aviation) Committee:  Rainier Ave. S. & SW 27th St. Funding Agreement with  WSDOT*  d. Utilities Committee:  Classic Concepts Latecomer Agreement  7.RESOLUTIONS AND ORDINANCES Resolution: a. Rainier Ave. S. & SW 27th St. interlocal funding agreement with Sound Transit (See 6.c.)  Ordinances for first reading: a. Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50 (See 6.b.)  b. Evaluation of Residential Development Standards ‐ Title IV Docket #D‐52 (See 6.b.)  c. Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.)  d. Cedar River Pipeline Zoning ‐ Title IV Docket #D‐56 (See 6.b.)  8.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 9.AUDIENCE COMMENT 10.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   February 14, 2011  Monday, 5:30 p.m.     Economic Forecast ‐ Briefing     • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •     CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 2 of 95 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Gaile Annexation - 10% Notice of Intent to Annex Petition Meeting: Regular Council - 14 Feb 2011 Exhibits: Issue Paper Map 10% Petition Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Angie Mathias x6576 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 petitioners submitted this petition to the City Clerk on January 3, 2011. The proposed 43.6- acre annexation site is located in Renton’s Fairwood Potential Annexation Area. The area is abutting the current City limits at its northern and western boundaries. State law requires a public meeting with the proponents within 60-days of their submittal to consider their request. STAFF RECOMMENDATION: Set February 28, 2011 for a public meeting to consider the 10% Notice of Intention to Commence Annexation Proceedings petition for the proposed Gaile Annexation. 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 3 of 95 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:February 7, 2011 TO:Terri Briere, Council President City Councilmembers VIA:Denis Law, Mayor FROM:Alex Pietsch, Administrator Department of Community & Economic Development STAFF CONTACT:Angie Mathias, x6576 SUBJECT:Proposed Gaile Annexation – 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent petition to annex a 43.6-acre area using the direct petition method; the proposed annexation is called Gaile. 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 43.6-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 43.6-acre Gaile Annexation is located at the southeastern portion of the City limits in the Fairwood Potential Annexation Area. The area is bordered by the existing City limits to the west. Parcel lines comprise the northern, eastern, and southern boundaries. However, the northern boundary is in the vicinity of Southeast 160th Place, the eastern boundary is in the vicinity of 131st Place Southeast, and the southern boundary is in the vicinity of Southeast 164th Street. 1.Location: The proposed 43.6-acre Gaile Annexation is bordered by the existing 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 4 of 95 Proposed Gaile Annexation 10% Notice of Intent Page 2 of 6 City limits at its north and west. 2.Assessed value: The 2010 assessed valuation of the subject annexation site is $38,150,400. 3.Natural features: The area is generally topographically level with a very small area that has greater than 25% slope. 4.Existing land uses: There are 154 single-family residences and vacant land owned by Renton School District, King County, and City of Seattle. 5.Existing zoning: Existing King County zoning is R-6. This area was prezoned by the City of Renton as part of Fairwood pre-zoning. City of Renton Ordinance #5561 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 Gaile Annexation area is in the Renton School District. 8.Public services: All responding City of Renton departments and divisions noted that the annexation represents a logical extension of their respective services and systems and presents no foreseeable problems. Specific comments follow: Water Utility. The subject site is located within the service area of Soos Creek Water and Sewer District (SCWSD) and this would not change as a result of annexation. A certificate of water availability from SCWSD will be required prior to the issuance of development permits within the subject area, following annexation to the City. The proposed area will not generate need for additional City employees or responsibilities for the City because it is within SCWSD. Wastewater Utility. The area is served by Soos Creek Water and Sewer and annexation will not change the service provider. The area will not create a need for staff or present additional responsibilities for the City because it is not within Renton’s wastewater service area. Parks. The Community Services department indicated that the annexation represents a logical extension of the services provided by their department. When compared with current City of Renton standards, the area has a shortfall of parks and recreation programming. Also, it was noted that the cumulative effects of smaller scale annexations lead to the need for additional staff and resources. If new parks were to be developed in the future to serve the area, additional staffing and programming would be necessary. Police. The Police Department did not indicate any concerns regarding this proposed annexation. Fire. Renton Fire and Emergency Services currently provides fire and emergency services to the area under a contract with Fire District #40. No 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 5 of 95 Proposed Gaile Annexation 10% Notice of Intent Page 3 of 6 additional staff would be required as a result of the annexation. Staff did not indicate any concerns regarding this proposed annexation. Surface Water. The area is located in the Lower Cedar River drainage basin. 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 area consists of three plats that were constructed in 1968, 1969, and 1978 and the age of these systems will require inspections and repairs as necessary. King County IMAP’s identified three instances of flooding that were related to ground water issues. However, no drainage issues are attributed to system deficiencies. Upon annexation City crews would perform maintenance to the system and there may be identified a need for improvements. Although this annexation does not create the need for additional staff, small incremental annexations over time are will eventually create need for new staff. The area includes an orphan facility that King County is in the process of inspecting and obtaining easements for. Completion of this process should be confirmed before annexation. Staff indicates the annexation is a logical extension of their services. Transportation Systems. The Transportation Systems staff has no concerns regarding the proposed annexation. Staff indicated that additional Transportation Systems staff would not be required and that the annexation represents a logical extension of services. SE 164th Street is identified in the Renton Trails and Bicycle Master Plan as a bicycle route; it has a 36-foot roadway width with curb and gutter and sidewalks adjacent to the roadway. If this street was to be redeveloped in the future to the current City of Renton standards, it would require right-of-way acquisition. Staff noted 129th Avenue SE, 130th Avenue SE, and SE 161st Place SE have no sidewalks. The existing curb ramps on these streets are limited and they do not meet current ADA standards. Also, the existing street lights, most likely, do not meet current Renton standards. Energy costs associated with existing and new street lighting, and costs associated with maintenance of existing and new traffic control signage and pavement markings that may be incurred should not be a financial burden. Staff indicated that the City would assume ownership and responsibility for all existing and new 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 the surface water infrastructure was poorly installed and has not been maintained well, if the infrastructure were to be replaced it would represent a cost to the City. Repair work to this infrastructure may also present a cost to the City. However, the City would not assume any ownership or responsibility for any facilities within the area. Building. The Building section did not indicate any concerns regarding the 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 6 of 95 Proposed Gaile Annexation 10% Notice of Intent Page 4 of 6 proposed annexation. The annexation does not present any increased need for City staff. 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. The annexation does not present any increased need for City staff. 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; 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 Gaile Annexation Area is in the Renton School District. The school district boundaries will not change, the area will remain in the Renton School District. Renton will take over police service for the 43.6-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 #40. 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 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 7 of 95 Proposed Gaile Annexation 10% Notice of Intent Page 5 of 6 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. The fiscal impact analysis that is used for annexations considers costs on a per capita basis. The fiscal analysis indicates that the proposed annexation would have an initial net negative fiscal impact of $18,366 per year. A significant contributing factor to the negative fiscal impact is the amount of roadway this proposed annexation includes. Approximately 5,882 lineal feet of roadway is estimated to cost approximately $13,117/year to maintain. This proposed annexation takes in roadways that if not included would significantly diminish the negative fiscal impact. However, it is in the City’s best interest, and is the preference of the roads division, to assume maintenance of county roadways. Over a 10-year period, it is estimated that the fiscal impact would become positive at $47,543 per year. CONCLUSION: The proposed Gaile 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 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 8 of 95 Proposed Gaile Annexation 10% Notice of Intent Page 6 of 6 annexation is untimely. 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 9 of 95 GAILE ANNEXATION FISCAL IMPACT ANALYSIS Units Population TV Existing dev. 154 354 $38,150,400 Full dev. 154 354 $77,000,000 Assumptions: 2.3 persons / new SF household $247,730 TV / existing unit (actual) $500,000 TV / new SF home Revenues Total revenues Existing Full Rate Existing $174,251.04 Regular levy $110,025.75 $222,068.00 2.884 Full $288,722.17 Excess levy $2,385.16 $4,814.04 0.06252 State Shared Revenues Rate (per cap) Existing Full Liquor tax $3.23 $1,143.25 $1,143.25 Liquor Board profits $7.31 $2,590.24 $2,590.24 Gas tax - unrestricted $14.14 $5,008.37 $5,008.37 MVET $0.19 $65.69 $65.69 Camper excise $0.75 $265.65 $265.65 Criminal justice $0.73 $259.33 $259.33 Total $9,332.53 $9,332.53 Miscellaneous Revenues Rate Existing Full Real estate excise* $75.35 $26,688.47 $26,688.47 Utility tax** $133.20 $20,512.80 $20,512.80 Fines & forfeits* $14.98 $5,306.33 $5,306.33 Total $52,507.60 $52,507.60 * Per capita Revised 8-29 per Finance Memo p ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Costs Total ongoing costs Per capita Existing Full Existing $192,616.85 Contracted Services Full $241,178.85 Alcohol $0.19 $67.30 $67.30 Public Defender $4.68 $1,657.66 $1,657.66 Jail $8.56 $3,031.95 $3,031.95 Subtotal $4,756.91 $4,756.91 Court/legal/admin. $66.92 $23,703.06 $23,703.06 Parks maintenance* $14.90 $5,277.58 $5,277.58 Police $276.89 $98,074.44 $98,074.44 Road maintenance** N/A $13,116.86 $13,116.86 Fire*** $1.25 $47,688.00 $96,250.00 Total $192,616.85 $241,178.85 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) Net fiscal impact Existing -$18,365.80 Full $47,543.32 Revised 8-29 per Finance Memo 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 10 of 95 Needs: Maintenance of neighborhood & community parks Assumptions: $6,000 per acre to maintain neighborhood parks $7,000 per acre to maintain community parks 1.2 acres/1,000 for neighborhood park (LOS in Comprehensive Park Plan) 1.1 acres/1,000 for community park (LOS in Comprehensive Park Plan) 354 Population after 10 years (projected growth) Per capita annual costs: Ongoing costs : (1 * 1.2/1,000 * $6,000) + (1 * 1.1/1,000 * $7,000) = $14.90 (park maintenance) Ongoing costs Maintenance Cost :$5,277.58 PARKS ACQUISTION AND MAINTENANCE COST CALCULATION SHEET GAILE ANNEXATION 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 11 of 95 New Roadway: Zone Acres Linear Feet R-4 0 (assumes 155 linear ft/ac) R-8 0 (assumes 145 linear ft/ac) R-10 0 (assumes 140 linear ft/ac) 0.0 Estimated total linear feet of new roadway 0.00 Estimated total linear miles of new roadway Existing Roadway: Zone Acres Linear Feet n/a 5,882 Linear feet of existing roadway 1.11 Linear miles of existing roadway Total Roadway: Zone Acres Linear Feet 5,882 Estimated linear feet of roadway at full development 1.11 Estimated linear miles of roadway at full development Estimated Costs: (Assumes cost of $2.23/linear foot of roadway to maintain) Annual cost for existing roadways:$13,116.86 Annual roadway maintenance cost at full development:$13,116.86 ROADS MAINTENANCE CALCULATION SHEET GAILE ANNEXATION Revised 8-29-03 per Finance Memo 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 12 of 95 nCharles A Lindbergh High School SE 164th St 1 3 2 n d P l S E 1 2 6 t h A v e S E P e d e s t r i a n W a l k SE 158th StSE 160th St 1 3 1 s t P l S E SE Fairwood BlvdSE 163rd St1 3 3 r d P l S E 1 2 8 t h A v e S E SE 165th St S E 1 5 9 t h P l SE 160th Pl 1 2 6 t h P l S E SE 161st Pl SE 159th St SE 162nd St SE 164th St Cascade Park Soos Creek Park and Trail Gaile AnnexationVicinity Map File Name: :\CED\Planning\GIS\GIS_projects\annexations\gaile_annex\mxds\1_gaile_annex_vicinity.mxd Annexation BoundaryCity LimitsParks n School December 30, 2010 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 1,250625Feet 1:5,000 5 b .   ‐   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   a n n e x   p e t i t i o n   f o r   t h e   p r o p o s e d   G a i l e   A n n e x a t i o n   a n d   P a g e 1 3 o f 9 5 Gaile Annexation Petition NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) (10% PETITION – GAILE ANNEXATION) TO: THE CITY COUNCIL OF SUBMITTED BY: THE CITY OF RENTON ADDRESS: _____________________ City Hall, c/o City Clerk _____________________ 1055 South Grady Way PHONE: _________________________ Renton, WA 98057 The undersigned are property owners in the proposed annexation area who represent not less than ten percent (10%) of the area’s estimated assessed value who desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation; and 3. The City Council will decide whether to require the assumption of a proportional share of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 14 of 95 Gaile Annexation WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking to annex when he or she is not the owner of record of property within the annexation area, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) Date Signed Signature and Printed Name of Owner of Record of Property Mailing Address of Owner of Property Tax Lot Legal No. Description (Lot, Block, Plat, Assessor's No. or other) Property’s Assessed Value in Annexation Area 1. --------------------------------------- 2. --------------------------------------- 3. --------------------------------------- 4. --------------------------------------- 5. --------------------------------------- 6. --------------------------------------- 7. --------------------------------------- 8. --------------------------------------- 9. --------------------------------------- 10. --------------------------------------- 5b. ‐ Community and Economic Development Department submits 10%  Notice of Intent to annex petition for the proposed Gaile Annexation and Page 15 of 95 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Bad Debt Write Off Meeting: Regular Council - 14 Feb 2011 Exhibits: Issue Paper Bad Debt Over $100 Summary Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Iwen Wang, Administrator Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $-23,054.41 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: In accordance with Policy & Procedure 220-03, Finance staff submits to the Council's Finance Committee a detailed list of outstanding debts totaling $23,054.41. These debts have been deemed uncollectible. STAFF RECOMMENDATION: Approve write off of listed bad debt accounts totaling $23,054.41. 5c. ‐ Finance and Information Technology Department requests approval  to write off bad debt in the total amount of $23,054.41. Refer to Finance Page 16 of 95 FINANCE AND INFORMATION TECHNOLOGY M E M O R A N D U M DATE:February 1, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Iwen Wang, Administrator SUBJECT:Bad Debt Write Off ISSUE The Finance staff hereby submits its request to write off the current annual bad debt totaling $23,054.41. Detailed spreadsheets of this debt are attached. A summary of the bad debt totals follow: Government General $8,654.44 Community Services $1,801.00 Risk Management $12,598.97 Total Bad Debt $23,054.41 BACKGROUND: Annually, the Finance staff reviews all outstanding debt and then turns these debt obligations over to a collection agency. During a 12-month period, the collection agency attempts to collect this debt. At the end of 12 months, the Finance staff reviews the uncollected outstanding debt with the collection agency to identify the debt obligations that cannot be collected for a variety of reasons. In accordance with City Policy & Procedures 220-03, bad debt over $100.00 that has been deemed uncollectible can only be written off from the City’s accounting records after approval from the City Council’s Finance Committee. RECOMMENDATION: Finance requests the Finance Committee’s approval to write off the listed total bad debt from the City’s accounting records. Attachments, as stated cc:Jay Covington, Chief Administrative Officer Marty Wine, Assistant to the CAO Gina Jarvis, Fiscal Services Director Cindy Zinck, Financial Services Manager Sue Olson, Accounting Assistant, A/R 5c. ‐ Finance and Information Technology Department requests approval  to write off bad debt in the total amount of $23,054.41. Refer to Finance Page 17 of 95 5c. ‐ Finance and Information Technology Department requests approval  to write off bad debt in the total amount of $23,054.41. Refer to Finance Page 18 of 95 5c. ‐ Finance and Information Technology Department requests approval  to write off bad debt in the total amount of $23,054.41. Refer to Finance Page 19 of 95 5c. ‐ Finance and Information Technology Department requests approval  to write off bad debt in the total amount of $23,054.41. Refer to Finance Page 20 of 95 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Annexation Sales Tax Credit Meeting: Regular Council - 14 Feb 2011 Exhibits: Resolution Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Iwen Wang, Administrator Recommended Action: Refer to Finance Committee. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Each year by March 1st, the City of Renton must certify to the Department of Revenue the annexation- related costs that exceed annexation related revenues to obtain state sales tax credit funding to assist with annexation. This resolution certifies the actual net costs to serve the Benson Hill Annexation area for the previous state fiscal year, sets the funding threshold for the state's next fiscal year starting July 1, 2011, and that the sales tax credit of one-tenth of one percent (0.1%) be continued during this period. STAFF RECOMMENDATION: Approve a resolution identifying the net cost threshold and setting sales tax rate for 2011. 5d. ‐ Finance and Information Technology Department recommends  adopting a resolution to set the threshold and state sales tax rebate for Page 21 of 95 5d. ‐ Finance and Information Technology Department recommends  adopting a resolution to set the threshold and state sales tax rebate for Page 22 of 95 5d. ‐ Finance and Information Technology Department recommends  adopting a resolution to set the threshold and state sales tax rebate for Page 23 of 95 5d. ‐ Finance and Information Technology Department recommends  adopting a resolution to set the threshold and state sales tax rebate for Page 24 of 95 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: 2011-2012 ORCA Business Passport Interlocal with KC Metro Transit Meeting: Regular Council - 14 Feb 2011 Exhibits: Issue Paper 2011-2012 ORCA Business Passport Contract Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Nathan Jones, Transportation Planner, extension 7217 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $39,467.55 Transfer Amendment: $ Amount Budgeted: $ $40,000 Revenue Generated: $ Total Project Budget: $ $39,467.55 City Share Total Project: $ $39,467.55 SUMMARY OF ACTION: The ORCA Business Passport Program is a core element of the City’s Commute Trip Reduction (CTR) Program provided for regular benefits eligible City employees. This contract will continue Renton’s participation in all elements for 2011-2012. The ORCA Business Passport is a program, which allows employers to buy annual passes in bulk at an extreme discount over the retail pricing. The pricing for 2011-2012 includes a one-time subsidy by King County Metro of $85.92 per ORCA card. Included in the 2011-2012 ORCA Business Passport Program are: 1.Unlimited rides by card holders on bus, light rail, and commuter rail services provided by King County Metro, Pierce Transit, Sound Transit, and others. 2.100 percent VanPool and VanShare subsidies. 3.Guaranteed Ride Home Program for all registered participants. Guaranteed Ride Home provides a free taxi ride home in the event of an emergency or illness up to eight times per year. STAFF RECOMMENDATION: Approve an interlocal agreement with King County Metro Transit for the 2011-2012 ORCA Business Passport and adopt the Resolution. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 25 of 95 PUBLIC WORKS DEPARTMENT M E M 0 R A N D U M DATE: TO: February 14, 2011 Terri Briere, Council President Members of the Renton City Council VIA: FROM: STAFF CONTACT: SUBJECT: Dennis Law, Mayor Gregg Zimmerma,&.l:'inistrator Nathan Jones, Transportation Planner (extension 7217) 2011-2012 ORCA Business Passport Contract ISSUE: Should the Council authorize the Mayor and City Clerk to enter into the 2011-2012 ORCA Business Passport contract? RECOMMENDATION: Authorize the Mayor and City Clerk to execute the 2011-2012 ORCA Business Passport agreement. BACKGROUND: In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction (CTR) Law in the early 1990s. The CTR Law requires employers with 100 or more employees arriving to work between the hours of 6:00 and 9:00a.m. to have transportation programs for their employees that encourage the use of alternatives to single occupancy vehicles (SOVs). Under the CTR Law, the City of Renton is classified as a CTR affected employer. For more than a decade, the City of Renton has entered into annual agreements with transit agencies to purchase bus passes in bulk at a reduced rate to provide to each regular City of Renton employee as a core fundamental piece of the City's CTR Program. This program is paid for out ofthe general fund. The ORCA Business Passport offers unlimited rides on Sound Transit, King County Metro Transit, Pierce Transit, and others. It covers travel on buses, light rail, and commuter 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 26 of 95 Terri Briere, Council President Members of the Renton City Council Page 2 of 2 February 14, 2011 rail. It also features 100 percent subsidies for VanPool and VanShare participants on King County Metro Transit, Community Transit, Kitsap Transit, and Pierce Transit vehicles, as well as a Guaranteed Ride Home Program (free emergency taxi). The cost for 2011-2012 is $269.49 per year, per pass. This is a significant savings over buying the passes through King County Metro Transit outside of its ORCA Business Passport Program. If passes were purchased in lesser quantities, each equivalent pass could cost as much as $2,052 per year, per pass. Additionally, these passes would not include other benefits of the FlexPass Program, such as guaranteed ride home (free emergency taxi rides home for employees) or the 100 percent VanPool subsidies. For this year only, King County Metro is offering an incentive to subsidize the cost of our passes, reducing the cost of each pass by $85.92. The cost per pass after subsidy is applied is $183.57. This agreement purchases 215 passes for use by regular CTR affected benefits eligible employees. Attachment: Resolution 4035 cc:Jim Seitz, Transportation Planning & Programming Supervisor Connie Brundage, Transportation Administrative Secretary File h:\file sys\division.s\transpor.tat\planning\nathan jones\tdm\ctr\city_hall_program\flexpass\2011-2012 orca\orca_issuepa per_2011-12.doc 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 27 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND ORCA BUSINESS PASSPORT PRODUCTS THIS AGREEMENT (hereinafter, "Agreement") is made and entered into by and among City of Renton ("Business Account") and King County Metro Transit ("Lead Agency") on behalf of the following Agencies (collectively referred to as the "Agency" or "Agencies"). The Snohomish County Public Transportation Benefit Area ("Community Transit") The City of Everett ("Everett Transit") King County Department of Transportation, Metro Transit Division ("King County") The Kitsap County Public Transportation Benefit Area ("Kitsap Transit") The Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit") The Central Puget Sound Regional Transit Authority ("Sound Transit") The State of Washington acting through the Washington State Department of Transportation, Washington State Ferries Division ("WSF") IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.0 PURPOSE 1.1 This Agreement establishes the terms under which certain fare payment-related services, referred to herein as "ORCA Services," will be provided to the Business Account, including but not limited to the prices and terms under which the Business Account may purchase and distribute ORCA Business Cards loaded with a Business Passport Product to its Eligible Business Cardholders. Such ORCA Business Cards may be used to access certain Transportation Services of the Agencies. The specific ridership privileges applicable to the Business Passport Product provided under this Agreement are specified in Attachment 1, Products, Pricing and Terms, which is incorporated in this Agreement by this reference, and are subject to Sections 6 and 16 below. 1.2 Attachment 1 also establishes the terms under which specific optional products and services (e.g. use of an ORCA Business Card on vanpool; a guaranteed ride home program), if any, shall be provided by one or more individual Agencies. 1.3 This Agreement also enables the Business Account to purchase Business Choice Products from the Agencies, via the Business Account Website, at the prices and terms in effect at the time of purchase. 1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA Services including, but not limited to, its purchase of ORCA Business Cards and ORCA Products. This Agreement does not constitute a contract for transportation services. The Agencies have no obligation to the Business Account or any other entity or person to provide any particular level, frequency or routing of transportation service. 2.0 TERM OF AGREEMENT AND CONTACT PERSONS 2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless terminated in accordance with Section 12, this Agreement shall continue in effect for one (1) year, or such other term as may be specified in said Attachment 1. 2.2 The Business Account shall designate a Primary Contact Person in Attachment 2, Designated Representatives, which is incorporated in this Agreement by this reference. This Primary Contact Person shall be responsible for managing the Business Account's roles and responsibilities under this Agreement. A Secondary Contact Person shall also be designated in Attachment 2. The Lead Agency may communicate with and rely upon either the Primary or Secondary Contact Person on matters relating to this Agreement. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 28 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 3.0 DEFINITIONS 3.1 Agency(ies). The following public transportation agencies that are participating in this Agreement to the extent provided herein: A. The Snohomish County Public Transportation Benefit Area ("Community Transit") B. The City of Everett ("Everett Transit") C. King County Department of Transportation, Metro Transit Division ("King County") D. The Kitsap County Public Transportation Benefit Area ("Kitsap Transit") E. The Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit") F. The Central Puget Sound Regional Transit Authority ("Sound Transit") G. The State of Washington acting through the Washington State Department of Transportation, Washington State Ferries Division ("WSF") 3.2 Business Account. The employer, educational or human services institution, government agency or other entity that has entered into this Agreement enabling it to purchase ORCA Business Cards and ORCA Products for distribution to their employees, students, clients or other constituency. 3.3 Business Account Website. The website used by the Business Account to manage its account, currently at www.orcacard.biz. 3.4 Business Choice Products. The ORCA Products that may be purchased at retail prices to supplement the ORCA Business Passport Product for one or more Business Cardholders (e.g. a WSF monthly pass) 3.5 Business Cardholder(s) or Cardholder(s). The individual(s) who are eligible to receive an ORCA Business Card from the Business Account. The eligibility requirements for Business Cardholders are more fully defined in Attachment 3, Eligible Business Cardholders, which is incorporated in this Agreement by this reference. 3.6 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA Business Cards under this Agreement that provides the Business Cardholders an unlimited right- to-ride the regularly scheduled Transportation Services of, or operated by, certain Agencies to the extent specified in Attachment 1. 3.7 Card Block. An ORCA system process that culminates in invalidating an ORCA Business Card. 3.8 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other Agencies and that is responsible for administration of this Agreement on behalf of the Agencies, including invoicing, contract modifications and renewals, and ORCA system support. 3.9 ORCA. The trademarked name of the system that enables use of a common fare card (One Regional Card for All) on the public transportation services provided by any of the Agencies. 3.10 ORCA Business Card (or "Business Card'?. An ORCA fare card issued to a Business Account to enable the loading of ORCA Products for use by a Cardholder to whom it was distributed by the Business Account to access Transportation Services as specified in Attachment 1. 3.11 ORCA Products. Any transit fare payment mechanism or electronic voucher offered for sale within the ORCA system by any of the Agencies. Examples include, but are not limited to, monthly or period pass, E-purse, and electronic voucher. 3.12 ORCA Services. The materials and services that may be provided, from time to time, under the ORCA program, including but not limited to the ORCA Business Cards, ORCA Products, ORCA Websites, data, information, and any equipment, systems and services related to the ORCA program. 3.13 Parties. The Business Account and the Agencies (which include the Lead Agency) may be collectively referred to as "Parties." 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 29 of 95 ORCA Passport Agreement Page 3 of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page 3 of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 3.14 Primary Contact Person. The individuals identified as the primary contact points for the Lead Agency and the Business Account, as listed in Attachment 2 or as modified from time to time. 3.15 Product Block. An ORCA system process that culminates in invalidating an ORCA Product without invalidating the card on which it is loaded. 3.16 Transportation Services are those public transportation services provided by the Agencies that are specified in Attachment 1. 4.0 PRICES AND PAYMENT TERMS 4.1 The prices and payment terms applicable to this Agreement are specified in Attachment 1, Products, Pricing and Terms. Such terms shall include: (a) the amounts due for the Business Cards, Business Passport Product, and any other products, services and fees; (b) the timing of payments, and (c) the acceptable method of payment. Each order submitted by the Business Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of this Agreement. 4.2 The Business Account's purchase of any Business Choice Products via the Business Account Website will be at the prices and terms in effect at the time of order. The Business Account is responsible for reviewing the prices in effect before submitting each order and shall be deemed to have agreed to the then-applicable prices by submitting the order. 4.3 Payment in full is due as specified in Attachment 1. 4.4 If for any reason payment in full is not received by the date due, if a payment is not honored due to non-sufficient funds (NSF) or if for any reason a payment is negated or reversed, the Lead Agency will notify the Business Account of the payment problem and, if full and clear payment is not received within ten (10) calendar days of such notification, the Lead Agency may: A.refuse to process new orders for ORCA Business Cards and block the loading of new ORCA Products by or for the Business Account; B. assess any late payment, NSF and collection fees to the maximum amount permitted by law; C. initiate a Card Block or Product Block on the Business Cards issued to the Business Account, rendering them ineffective for use by the Cardholders, until such time as the Business Account pays the full amount due, including any late payment, NSF and collection fees, in a manner acceptable to the Lead Agency; and D. suspend or terminate access rights to the Business Account's secured area of the website. 4.5 In addition to any other obligations it may have under this Agreement and at law, the Business Account agrees to pay to the Lead Agency any reasonable collection fees incurred in collecting amounts due from the Business Account. 5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS CARDS 5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via the ORCA Business Accounts Website, in accordance with the directions provided on that website, and shall make payment as provided in Attachment 1. If additional cards are required, the Business Account shall be required to pay both the standard card fee and the pro rata price for loading the Passport Product on such additional cards for the remaining months of this Agreement, as specified in Attachment 1. 5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the ORCA Business Cards it has ordered, the Business Account shall become the owner of the ORCA Business Cards. The Business Account shall be deemed to have constructively received all ordered ORCA Business Cards unless it notifies the Lead Agency of any non-delivery or incorrect delivery within thirty (30) days after the order was placed. If the Business Account 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 30 of 95 ORCA Passport Agreement Page 4 of 19 SA 10: 2480 City of Renton March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page 4 of 19 SA 10: 2480 City of Renton March 1, 2011 -February 29, 2012 notifies the Lead Agency that it has not received the ordered cards, the Lead Agency will ship a replacement order. If the Business Account subsequently receives the cards reported as missing, the Business Account is responsible for returnin!;} them to the Lead Agency. 5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any loss, damage, theft or unauthorized use of one of its cards, whether such card is held in its inventory or has been distributed for use. The Business Account is responsible for the cost of any use of its Business Cards until the effective date of a Card Block that may be initiated as provided below. 5.4 Distribution of ORCA Business Cards. The Business Account is responsible for distributing its Business Cards for use by its Eligible Business Cardholders. The Business Account remains the owner of all Business Cards it distributes but a cardholder may also purchase and load individual ORCA products on a Business Card and individually register the card. To enable Cardholders to register Business Cards as provided in Section 6 below, the Business Account may not register, or allow anyone other than the Cardholder to register, the Business Cards that are issued under this Agreement. The Business Account shall require, as a condition of receiving a Business Card, that the Cardholder sign the written Cardholder Rules of Use in the form of Attachment 4, which is incorporated in this Agreement by this reference, or such other form as may be approved by the Lead Agency, provided it includes the following at a minimum: A. a prohibition on the sale or transfer of the Business Card; B. notice that the Cardholder is required to pay any difference between a required fare and the value of the ORCA Product loaded onto the Business Card; C. notice that any ORCA Products purchased by the Cardholder with his/her own funds and loaded on the Business Card, including but not limited to the E-purse, will become the property of the Business Account and any subsequent refund to the Cardholder would be the responsibility of the Business Account in accordance with its own refund policy. Individuals are encouraged to purchase an individual card if they have concerns about refund policies. D. notice that the ORCA System will record data each time the Cardholder presents a Business Card to an ORCA device to prove fare payment, to load a product on it, or to review the amount and type of product on it. Such data will include, but not be limited to, the date, time and route or other location related to the card being presented. Such data is owned by the Agencies but accessible to the ORCA System contractor(s) that operate it, the Business Account, and the Agencies. E. notice that use of an ORCA Business Card to ride an Agency Transportation Service requires more than showing the card to a driver or fare enforcement officer. The Cardholder must actually tap a valid ORCA Business Card on an ORCA card reader when boarding, deboarding or both, as required by the Agency's rules. For example, to show proof of payment of the required fare, riders on Sound Transit's Link light rail or Sounder train service must tap the ORCA card to an ORCA reader device before boarding and after deboarding (even if the rider boarded in a ride-free area). F. notice that proof of fare payment must be made by tapping the ORCA Card on the card reader in the manner required by each Agency; otherwise, the Cardholder may be subject to a fine if the ORCA Card is not tapped, and the Cardholder will be personally responsible for any fines that may be imposed. The Business Account understands and agrees that it is solely responsible for implementation and enforcement of the Cardholder Rules of Use. 5.5 Business Account Access to Personally Identifying Information. If an individual Cardholder opts to register one of the Business Cards issued to the Business Account, any personally identifying information provided to the ORCA System (e.g. name, address, telephone number, and credit card number) will not be accessible by the Business Account. If the Business Account collects any personally identifying information about individuals to whom it has distributed Business Cards, the Business Account is solely responsible for its collection, use, storage and disclosure of such information. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 31 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 5.6 Card Blocks. In the event a Business Card is determined to be lost or stolen or if a Cardholder is determined by the Business Account to be no longer eligible to use the card, the Business Account may initiate a Card Block via the Business Account Website to invalidate the subject Business Card. The Lead Agency may also initiate a Card Block or a Product Block as to any of the Business Account's Business Cards at the request of the Business Account, or at the sole discretion of the Lead Agency in accordance with Section 4.4, or if it is suspected that a card has been altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder. Once initiated, a Card Block must be processed in the ORCA system and downloaded to all reader devices throughout the region. Until that occurs, there is the potential that the Business Passport Product and any e-purse value or other ORCA Products on the subject card will continue to be used. The Business Account, not the Agencies, remains responsible for all transactions, and any loss or costs arising there from, for forty-eight (48) hours after the Card Block was initiated. 5.7 Restoration of Value After Card Block. Following a Card Block, the Business Account may request the Lead Agency to restore value on a replacement of the blocked Business Card. An E- purse on a blocked card will be restored on the replacement card in approximately ten (10) calendar days after the replacement card is issued. TheE-purse amount that remained on the lost or stolen card, forty-eight (48) hours after the Card Block was initiated in the ORCA system, will be restored to the replacement card via a remote revalue function. 5.8 Card Replacement. The Business Account is responsible for ordering and paying for any new cards needed to replace Business Cards that for any reason cease to be available or suitable for use by the Cardholders under the program of the Business Account, including but not limited to, if the unavailability or unsuitability is caused by damage, abuse, loss, theft, Card Block, and end of useful life. Provided, however, and notwithstanding the exclusion of warranties in Section 13, if a Business Card malfunctions within twelve (12) months after it was delivered to the Business Account, it shall be replaced by the Lead Agency without additional charge to the Business Account if the malfunction was caused by a defect in design, material or workmanship and was not caused by misuse, an intentional act, negligence or damage, reasonable wear and tear excepted. The Business Account understands and agrees that to avoid the disruption and inconvenience caused by sporadic failures as its cards are used, it must plan for replacement of its Business Cards on a regular basis. As a condition of continuing under the Business Passport program, the Business Account agrees that: (a) it will retire all of its ORCA Business Cards at some time within four years after they are issued by the Lead Agency to the Business Account; and (b) purchase replacement Business Cards at the then-applicable rate. 6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS Cardholder Privileges. The Business Account understands and agrees that, although it remains the owner of ORCA Business Cards after distribution, the Cardholder has the following privileges in connection with the use of an ORCA Business Card. A. The Cardholder may present an ORCA Business Card, loaded with a valid, applicable Business Passport or Business Choice Product, to an ORCA fare transaction processor as proof of payment of all or a portion of a required fare on a regular transportation service operated by one or more of the Agencies. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. B. The Cardholder may individually purchase ORCA Products and load them on the Business Card in addition to any ORCA Product loaded by the Business Account. Individual ORCA Products may be used to pay all or a portion of a required fare on a transportation service not covered by a Business Passport Product or Business Choice Product. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a Cardholder will be required to make other payment to the extent a fare is not covered by an ORCA Product. C. The Cardholder may register his/her name and other contact information with the ORCA System and link such personal information to the serial number of the Business Card provided to him/her. Such registration does not give the Cardholder any ownership rights 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 32 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 in the card but does give the Cardholder the right to access the ORCA Cardholder 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 33 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 Website to view the card's transaction history and current stored value, to modify travel zone preferences, and to add retail products. 7.0 NO RETURNS OR REFUNDS Except as otherwise provided herein or in Section 12.2, the Business Account understands and agrees that its purchases of Business Cards, and Business Passport Products and Business Choice Products purchased for such cards, are final and it is not entitled to any refunds. Provided, however, the Business Account may request a refund of the E-purse value remaining on a Business Card if the card is surrendered by the Business Account to the Lead Agency. Upon surrender of the subject Business Card, the Lead Agency shall initiate a Card Block and the refund processed approximately ten (10) calendar days after the Card Block was initiated. The E- purse amount refunded will be that which remained on the surrendered card forty-eight (48) hours after the Card Block was initiated in the ORCA system. A processing fee of ten dollars ($10) shall be payable by the Business Account to the Lead Agency for each such E-purse refund that is processed, regardless of E-purse value refunded. The Business Account, not the Lead Agency, is responsible for the refunding of such E-purse value, if any, to the individual Cardholder to whom the Business Card had been distributed. 8.0 BUSINESS ACCOUNT WEBSITE 8.1 The Business Account Website is the primary means by which the Business Account shall purchase ORCA Business Cards, Business Passport and Business Choice Products, manage its Business Cards and obtain information about the use of said cards. As a condition of participation in the Business Passport program, the Business Account agrees that it will use the Business Account Website when it is available and that each access and use of said website shall be subject to the Terms of Use and Privacy Statement that are in effect and posted on the Business Account Website at the time of such access and use. 8.2 The Business Account understands and agrees that uninterrupted access to and use of the Business Account website is not guaranteed and agrees that it will contact its representative at the Lead Agency by email or telephone if the website is not available. 8.3 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a single password to the Business Account's Primary Contact (as specified in Attachment 2) to enable user access to the Business Account's secured area of the Business Account Website. The Business Account is required to change the temporary password to one of its own creation. The Business Account shall be solely responsible for the number and identity of those employees with whom the Business Account's password is shared. The Business Account is also solely responsible for complying with the security standards (specified in Attachment 5 Security Standards), which is incorporated in this Agreement by this reference. 9.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM 9.1 The Business Account understands and agrees that the data, reports or any information provided to it via the Business Account Website or otherwise, is and remains the sole property of the Agencies and nothing shall be construed as a transfer or grant of any copyright or other property interest in such data, reports or information. The Agencies hereby grant to the Business Account a non-exclusive license to use any data, reports or information provided by the Agencies, via the Business Account Website or otherwise, for any lawful purpose related to the administration of the transportation benefits program of the Business Account. 9.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA device for fare payment and to load a product. Such transaction data includes, but is not limited to, the date, time, and location (or route) of the transaction. The Business Account may routinely access such transaction data related to its Business Cards to the extent provided via the Business Account Website. Said website and its reports do not provide the Business Account Business Card transaction data linked to card serial numbers. For the purpose of preventing fraud, the Primary Contact Person of the Business Account may submit a written request to the Lead Agency for transaction data related to a specific card number or for a card number linked to a specific transaction. The written request shall include the following: 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 34 of 95 ORCA Passport Agreement Page 7 of 19 City of Renton BA 10: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page 7 of 19 City of Renton BA 10: 2480 March 1, 2011 -February 29, 2012 A. card number or the date, time and other known details about the specific transaction for which a card serial number is being requested; B. a statement as to why the information is germane to the prevention of fraud; and C. the signature of the Primary Contact Person. If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued to the Business Account, the Lead Agency will provide the Business Account with the card serial number linked to the requested transaction(s). The Business Account agrees that it will use such card serial number information only for purposes of enforcing its Rules of Use or other lawful business purposes. The Business Account must maintain its own records if it wishes to identify the card serial number issued to an individual. 9.3 The Business Account understands and agrees that all records related to its participation in the ORCA System are public records under the Washington Public Records Act (Chapter 42.56 RCW) ("Act"), including but not limited to: (a) this Agreement and the sales activity hereunder; (b) the orders, communications, and any other information provided by the Business Account to the Lead Agency, the other Agencies or the ORCA System, whether provided via this website or otherwise and whether provided in hard copy or electronic form; (c) any communications, responses, requests, reports or information of any kind provided to the Business Account from the Lead Agency, the other Agencies or the ORCA System; and (d) all data, reports and information of any kind related to the loading of products on, and the use of, the Business Cards issued to the Business Account. As public records, these records will be made available for public inspection and copying upon request, unless the Lead Agency determines they are exempt from disclosure. 10.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT The Business Account is encouraged to collect Business Cards from Cardholders who are no longer eligible for the Business Account's transportation benefits program. In any case, the Business Account is solely responsible for initiating a Card Block or Product Block in accordance with this Agreement to prevent any continued use of, and financial liability for, a card that had been distributed to a person who is no longer eligible. 11.0 ORCA SERVICES SUBJECT TO CHANGE The Agencies seek to continually improve and enhance the ORCA Services. With thousands of employers, schools, and other entities entering into business account agreements at varying dates in the year, the Agencies are unable to guarantee to each business account that the ORCA Services will not change during the term of its agreement. The Business Account understands and agrees that one or more ORCA Services may be changed, suspended or terminated from time to time without prior notice to, or agreement by, the Business Account, including but not limited to changes in the look, feel, content and functions of the Business Account Website. If the Business Account is dissatisfied with a change in the ORCA Services, however, it may terminate this Agreement for its convenience in accordance with the provisions of Section 12.2. 12.0 TERMINATION 12.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make timely and effective payment of all amounts due, or otherwise materially breaches the Agreement, or acts in manner indicating that it intends to not comply, or is unable to comply, with the Agreement. To effect such a termination for cause, the Lead Agency shall send email notice to the last known email address for the last known primary contact person of the Business Account describing the manner in which the Business Account is in default and the effective date of termination. If the basis for termination is a failure to perform that can be cured, the termination shall not take effect so long as the Contractor cures the default within ten (10) calendar days of the sending of the email notice. Upon the effective date of such termination, the Lead Agency may immediately terminate the website access privileges of the Business Account, block the Business Cards issued to the Business Account and decline to accept and fulfill any pending or new orders from the Business Account. In the event of such a termination for cause, the Business Account shall not be entitled to any refund of any amounts paid. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 35 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 12.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause and for its own convenience by sending the other party written or email notice at least thirty (30) days in advance of the effective date of the termination. Upon receipt of a notice of termination for convenience from the Business Account, the Lead Agency may, in its sole discretion, waive the advance notice period and immediately terminate the website access privileges of the Business Account, initiate a Card Block on the Business Cards issued to the Business Account, and decline to accept and fulfill any pending or new orders from the Business Account. In the event of such a termination for convenience and not cause, the amounts due under this Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport Product and any optional products listed in Attachment 1 shall be the annual amounts due prorated for the number of months during which the Passport Product and optional products were valid for at least one day.) If the Business Account has not paid in full all of the amounts due under this Agreement as of the termination date, the Business Account shall immediately pay the remaining amount due. If the Business Account has paid more than all of the amounts due under this Agreement as of the termination date, the Business Account shall be entitled to a refund of the excess it has paid. 12.3 Notwithstanding any termination of the Agreement, the Business Account shall remain liable to satisfy and comply with all of its obligations under this Agreement and at law with regard to, or arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective date of the termination, including but not limited to paying all amounts due or incurred prior to the effective date of the termination and any fees, charges, collection costs or other costs arising from a failure to make timely and effective payment. 13.0 EXCLUSION OF WARRANTIES 13.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE DISCRETION AND RISK. 13.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT: A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE UNITERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS REQUIREMENTS; B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND C. ANY USE OF THE ORCA WEBSITES, INCLUDING BUT NOT LIMITED TO THE CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES, WILL BE FREE OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS. 13.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY. 14.0 NOTICES 14.1 Any notice required to be given under the terms of this Agreement shall be directed either by email or regular mail to the Parties' Designated Representatives, as specified in Attachment 2, or to the last person and address provided by a Party in accordance with Section 14.2. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 36 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 14.2 Each Party shall immediately notify the other Parties of any changes to its Designated Representatives' contact information. The Business Account shall also immediately notify the Lead Agency of any changes in any other information provided in its application. 15.0 FORCE MAJEURE The Agencies and each of them shall be relieved of any obligations under this Agreement to the extent they are rendered unable to perform, or comply with such obligations as a direct or indirect result of a force majeure event, or any other circumstance not within such party's control, including, but not limited to, acts of nature, acts of civil or military authorities, terrorism, fire or water damage, accidents, labor disputes or actions, shutdowns for purpose of emergency repairs, or industrial, civil or public disturbances. 16.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES The purchase, distribution and use of Business Cards and ORCA Products by the Business Account and its Cardholders, and access to and use of the ORCA websites, shall be subject to all applicable federal, state and local law, regulations, ordinances, codes and policies, including but not limited to the ORCA Terms of Use and Privacy Statement (posted on the ORCA websites and available in printed form upon request to the Lead Agency), and the Agencies' respective fares, transfer rules, codes of conduct and other operating policies and procedures. 17.0 PROHIBITED DISCRIMINATION The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the administration of its transportation benefits program, the provision of ORCA Business Cards and ORCA Products, or the performance of any acts under this Agreement. The Business Account shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. 18.0 COMPLIANCE WITH APPLICABLE LAW The Business Account shall be solely responsible for compliance with all applicable federal, state and local laws, regulations, resolutions and ordinances, including, but not limited to, any provisions relating to the Business Account's provision of compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe benefits) and any reporting, tax withholding, or other obligations related thereto. The Business Account expressly acknowledges and agrees that it has not relied on any representations or statements by the Agencies and will not rely on them to provide any legal, accounting, tax or other advice with regard to the Business Account's provision of compensation, benefits or services to employees or others (e.g. including, but not limited to, transportation fringe benefits) and any reporting, withholding or other obligations related thereto. 19.0 LEGAL RELATIONS 19.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and the Agencies are independent parties and nothing in this Agreement shall be construed as creating any joint venture, partnership, agency or employment relationship between and among them or their respective employees. Without limiting the foregoing, the Business Account understands and agrees that none of its employees or agents shall be deemed employees or agent, for any purpose, of any of the Agencies and the Business Account is solely responsible for the acts of its agents and employees and their compensation, wages, withholdings and benefits. 19.2 LIMITATION ON LIABILITY A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM, ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO: 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 37 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA SERVICES; 2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES WITHIN A SERVICE); 3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE ORCA BUSINESS CARDS ISSUED UNDER THIS AGREEMENT; 4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY WITH ACCURATE ACCOUNT INFORMATION; AND 5. THE BUSINESS ACCOUNT'S FAILURE TO KEEP PASSWORD AND ACCOUNT INFORMATION SECURE AND CONFIDENTIAL. B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE FOR, AND THE BUSINESS ACCOUNT HOLDS EACH OF THE AGENCIES HARMLESS FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER ANY THEORY OF LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, WHEN SUCH DAMAGES ARISE OUT OF, OR ARE RELATED TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING. C. To the extent one or more of the Agencies incurs any liability for a breach of this Agreement, or any duty related to the ORCA Services, and such liability that is not excluded under the terms of this Agreement, the exclusive, aggregate remedy against the Lead Agency and each other Agency will be, at the option of the applicable Agencies: (a) the correction, substitution or replacement of all or part of the ORCA Services giving rise to the breach, or (b) a refund of the amount paid by the Business Account for the ORCA Service causing the damage, the amount of which will not exceed the damages (other than those excluded above) actually incurred by the Business Account in reasonable reliance. The damage exclusions and limitations on liability in the Agreement shall apply even if any remedy fails for its essential purpose. 19.3 No Waiver. The Business Account agrees that if the Lead Agency does not exercise or enforce any legal right or remedy which is contained in the Agreement or under applicable law, this will not be taken to be deemed to be a waiver or modification of the Lead Agency's rights and remedies, and that those rights or remedies will still be available to the Lead Agency. 19.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted and enforced in accordance with, and governed by, the applicable law of the State of Washington and of the United States of America without regard to its conflict of law's provisions. The exclusive jurisdiction and venue for conducting any legal actions arising under this Agreement shall reside in either the Federal District Court or the State of Washington Superior Court, as applicable, that is located in the county in which the Lead Agency's primary administrative office is located. The Business Account hereby consents to personal jurisdiction and venue in said courts and waives any right which it might have to conduct legal actions involving the Agencies in other forums. 19.5 Attorneys' Fees and Costs. In the event of litigation between the parties related to this Agreement, the Court is authorized to award the substantially prevailing party its costs, fees and expenses including reasonable attorney fees to the extent authorized by the Court and permitted by applicable law. 19.6 Survival. Sections 4, 5, 9, 13 and 19 shall survive and remain effective notwithstanding any 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 38 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 termination of this Agreement. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 39 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 19.7 Use of ORCA name and logos. The Business Account understands and agrees that the "ORCA" name and logos are trademarked and that it will not copy or use them and any other trade names, trademarks, service marks, logos, domain names, and other distinctive features or intellectual property of the Agencies without written permission. 20.0 SUCCESSORS AND ASSIGNS This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, no Party may assign or delegate the duties performed under this Agreement without the written agreement by the Lead Agency, the Business Account and the assignee. 21.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS This Agreement constitutes the entire agreement between the Business Account and the Lead Agency, on behalf of all Agencies, related to the Business Account's use of and access to ORCA Services (but excluding any services which Lead Agency may provide under a separate written agreement), and completely replaces and supersedes any prior oral or written representations or agreements in relation to fare media consignment and sales or to ORCA Services. No oral agreements or modifications will be binding on the parties and any changes shall be effective only upon a written amendment being signed by the parties. 22.0 SEVERABILITY In the event any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable or invalid, then the meaning of that provision shall be construed, to the extent feasible, to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of the Agreement which shall remain in full force and effect unless the provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to any party. 23.0 AUTHORITY TO EXECUTE Each party to this Agreement represents and warrants that: (i) it has the legal power and authority to execute and perform this Agreement and to grant the rights and assume its obligations herein; and (ii) the person(s) executing this Agreement below on the party's behalf is/are duly authorized to do so, and that the signatures of such person(s) is/are legally sufficient to bind the party hereunder. 24.0 COUNTERPARTS This Agreement may be executed in two (2) counterparts, each one of which shall be regarded for all purposes as one original. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement as of the Effective Date. BUSINESS ACCOUNT LEAD TRANSPORTATION AGENCY BY: -------- --------------- Denis Law Title: Mayor Business Name: City of Renton BY: -------- -- ------------ Darwin Campbell lfitle: Manager, Customer Services gency: King County Metro Transit Date: -----------------------------Date: ----------------------------- 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 40 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ATTACHMENT 1 PRODUCTS, PRICING AND TERMS- BUSINESS PASSPORT FLAT RATE Business Account: City of Renton Business Account Federal Tax ID #: 177000094 ORCA Business ID#: 2480 Agreement Type: Passport-Renewal Program Term: March 1, 2011 -February 29, 2012 Bus.mess passport Flat Rate Product s • Access to regular bus services on Community Transit, Everett Transit, Kitsap Transit, Metro Transit, Pierce Transit, and Sound Transit. • Access to regular service on Sound Transit Link light rail. • Access to regular service on Sound Transit Sounder commuter rail (including Rail Plus partnership with Amtrak Cascades). • Access to regular service on Seattle Lake Union Streetcar. • Access ·to regular service on King County Water Taxi. (Vashon and West Seattle routes) • Access to regular service on Kitsap Transit Foot Ferry. (Port Orchard and Annapolis routes) • 100% vanpool fare subsidy on Community Transit, Kitsap Transit, Metro Transit, and Pierce Transit vanpool vans. • 100% vanshare fare subsidy on Community Transit, Kitsap Transit, Metro Transit and Pierce Transit vanshare vans. • Emergency guaranteed ride home service. (Up to eight rides per employee.) (See Attachment 6.) Passport Zone and Worksite Location Employees Annual Rate per Employee Cost Mo Rate for Add'l Eligible Employee KING COUNTY SUBURBS Renton, WA 98057 less: King County Incentive 215 215 $269.49 ($85.92) $57,940.35 . ($18,472.80) $12.01 + $5.00/card New Card(s} JO I X I $5.00 $ Total 215 ·..$39,467.55 ,,':. Business Pass ort Flat Rate Pa ment Terms Net 60 days from start of program term B invoice - do not send with contract Additional Information Amount of Eligible Employee contribution $0 (Note: employees may contribute up to 50% of the Annual Rate per Employee) Business Choice Products Choice Products purchased by the Business Account will be prepaid by check or credit card, at prevailing retail rates. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 41 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ATTACHMENT 2 DESIGNATED REPRESENTATIVES BUSINESS ACCOUNT - Primary Agreement Development Name Nathan Jones ransportation Planner ity of Renton- Public Works Department ransportation Systems Division Renton City Hall - 5 Floor 1055 South Grady Way Renton, WA 98057 Dave Hollar Employer Transportation Representative King County Metro Transit 00 Yesler Way, YES-TR-0650 eattle, WA 98104 25-430-7217 06-263-3492 E-Mail 25-430-7376 06-684-2058 njones@RentonWA.gov Dave.Hollar@kingcounty.gov Name elephone ell Phone Fax E-Mail Name itle ddress BUSINESS ACCOUNT- Secondary Denis Law Renton, WA 98057 25-430-6500 Billing Information If different from Primar LEAD AGENCY- Technical Support King County Lead Agency Representative 201 S. Jackson St. KSC-TR-0326 Seattle, WA 98104 business.leadagent@kingcounty.gov elephone 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 42 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ATTACHMENT 3 ELIGIBLE BUSINESS CARDHOLDERS Definition and Number of Eligible Participants Definition of Eligible Participants All CTR benefits-eligible employees Number of Eligible Participants 215 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 43 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ATTACHMENT 4 SAMPLE -ORCA BUSINESS CARDHOLDER RULES OF USE As a Business Account Cardholder, I agree to the following: 1. I understand that the ORCA Business Card is owned by the employer that provided it to me and it has been provided to me for my personal use only. I agree not to sell or transfer my assigned ORCA Card to another person. If I violate these terms of use, my ORCA Card may be blocked from further use. 2. I will keep my assigned ORCA Business Card secure and in good condition, and I will immediately report a lost, stolen, or damaged ORCA Business Card to my company's Transportation Coordinator. I understand a lost ORCA Business Card will be replaced only once per year at the current card fee plus any additional fee charged by my company. A defective ORCA Business Card will be replaced free of charge. 3. I will return my assigned ORCA Business Card upon request or when I leave my employment or otherwise no longer meet the eligibility requirements of my company. If I do not return my ORCA Business Card, I understand that it may be blocked for further use. 4. I understand that my ORCA Business Card is valid for the following provided by the listed transportation Agencies. a. 100% of fares on regularly scheduled transportation service on Everett Transit, Community Transit, Kitsap Transit, Metro Transit, Pierce Transit, Sound Transit, Seattle Streetcar, King County Water Taxi, and Kitsap Transit Foot Ferry. b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap Transit, Metro Transit, and Pierce Transit. 5. I understand that the ORCA Business Card is not valid for fare payment on transportation services not specified in Section 4 and I am responsible for paying any additional fares required for services not covered, or not fully covered, by my assigned ORCA Business Card. 6. I understand that any additional ORCA Products I load onto my assigned ORCA Card will become the property of the company that owns my ORCA Business Card and the refund, if any, of such products will be made by the company according to its refund policy. 7. I understand the ORCA system will record data each time I use my assigned ORCA Business Card. Data will include the date, time and location of the card when it is presented. I understand this data is owned by the transit Agencies and is accessible to the company that owns my ORCA Business Card. 8. I understand that the ORCA Card must be "tapped" on a card reader to show proof of fare payment or issuance of a valid fare. Merely showing the ORCA Card on a bus, train, ferry or light rail vehicle does not constitute proof of fare payment or issuance of a valid fare. I will be subject to a fine if the ORCA Card is not "tapped," and I understand I will be personally responsible for any fines that may be imposed. 9. I understand that for the correct fare to be recorded, I must "tap" off on a card reader when exiting some transit systems. For example, I must "tap" off when exiting from a Sounder train, light rail, or a bus that I have boarded in the Seattle downtown ride free area. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 44 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ATTACHMENT 4 SAMPLE- ORCA BUSINESS CARDHOLDER RULES OF USE (continued) I acknowledge the receipt of my ORCA Business Card, and understand and agree to the terms stated above on using the ORCA Business Card. Employee's Signature Employee's Printed Name Date ORCA Card Serial # Transportation Coordinator Use Only- ORCA Card returned: Employee's Signature Date ORCA Card Serial # 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 45 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 -February 29, 2012 ATTACHMENT 5 ORCA BUSINESS ACCOUNT SECURITY STANDARDS 1.0 Application Security 1.1 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a single Business Account user id and temporary password to the Business Account's Primary Contact (as specified in Attachment 2- Designated Representatives) to enable access to the Business Account's area of the Business Account Website. 1.2 The Business Account shall immediately change the temporary password to a strong password that meets the following criteria: a.Length - At least eight (8) characters in length or the maximum length permitted by the ORCA system, whichever is shorter. b. Elements- Contains one each of at least three (3) of the following four (4) elements. 1)English upper case letters (A, B, C...) 2)English lower case letters (a, b, c...) 3)Westernized Arabic numbers: 0, 1, 2...9 4)Special characters:(@,#,%...) 1.3 The Business Account shall restrict access to the ORCA Business Account Website by providing its user id and password to only the employee(s) who have a business "need to know" and who are authorized by the Business Account as "system user(s)". 1.4 Access to the ORCA Business Account Website is restricted to the purpose of authorized administrative support for the ORCA Business Account program 1.5 The Business Account's password shall be changed at least quarterly but also immediately upon (a) a system user leaving the Business Account's employment or otherwise losing his/her status as an authorized user; and (b) the Business Account learning that the password has been obtained by unauthorized persons or entities. 1.6 The Business Account's Primary Contact will review security policies and guidelines with system users at least quarterly. 2.0 Physical Security 2.1 The Business Account shall require system users, when not at their workstations, to log off the Business Account Website, or lock their screen using a password protected screen-saver in order to prevent unauthorized access. 2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those administering the program. 2.3 The Business Account shall require its employees to keep printed reports containing account information in a secure location. 3.0 Incident Management 3.1 The Business Account shall report any security incident or suspected incident immediately to the Lead Agency. Examples of possible security incidents would be: introduction of computer viruses, unauthorized transactions or blocked cards, or lost or stolen card stock. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 46 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ATTACHMENT 6 HOMEFREEGUARANTEEPROGRAM Home Free Guarantee (hereinafter, "HFG") is a King County program that guarantees payment for taxi fares incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in accordance with the terms set forth below. HFG is the emergency guaranteed ride home service mentioned in Attachment 1 of the ORCA Business Passport Agreement. 1 DEFINITIONS 1.1 Approved Commute Modes Eligible Employees must have commuted from their principal residence, transit center, or park & ride lot to the Business Account's worksite by one of the following modes: bus, train, carpool, vanpool, walk-on or bicycle-on ferry, bicycle, or walk. 1.2 Eligible Reasons for Using HFG The following are the only eligible reasons for using HFG: a. Eligible Employee's or family member's unexpected illness or emergency. b. Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute. Unexpected means the employee learns of the schedule change that day. c. Missing the employee's normal return commute to the starting place of their commute for reasons, other than weather or acts of nature which are beyond the employee's control, and of which they had no prior knowledge. For example, the employee's carpool driver left work or worked late unexpectedly. 1.3 Non-Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include, but are not limited to, the following: a. Pre-scheduled medical or other appointments. b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace Business Account's legal responsibility under workers' compensation laws and regulations. c. Other situations where, in the opinion of the Business Account's Program Coordinator, alternate transportation could have been arranged ahead of time. 1.4 Eligible Destinations for an HFG Ride a. From the Business Account's worksite to the Eligible Employee's principal place of residence. b. From the Business Account's worksite to the Eligible Employee's personal vehicle, e.g. vehicle located at a transit center or park & ride lot. c. From the Business Account's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound. 1.5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible Employee and are authorized in advance of the HFG ride by the Business Account's Program Coordinator (i.e. pick up a necessary prescription at a pharmacy; pick up a sick child at school). 2 BUSINESS ACCOUNT RESPONSIBILITIES 2.1 HFG Program Payment Business Account's payment for HFG services is accounted for in the base price of the ORCA Business Passport Agreement, as indicated in Attachment 1. If the Business Account's fare costs exceed amount listed in Attachment 1 at the end of 6 months, a sliding scale charge will be applied as follows: a. If total fare costs average between $1.00 and $1.25/employee, Business may be charged $1.25/employee for second six months of the agreement period. b. If total fare costs average between $1.25 and $1.50/employee, Business may be charged $1.50/employee for second six months of the agreement period. c. and so on incrementally without limit. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 47 of 95 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ORCA Passport Agreement Page of 19 City of Renton BA ID: 2480 March 1, 2011 - February 29, 2012 ATIACHMENT6 HOME FREE GUARANTEE PROGRAM (continued) 2.2 Program Coordinator Business Account shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks as set forth in this Attachment. 2.3 Number of HFG Rides per Eligible Employee Business Account shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per twelve (12) month period. 3 HFG Program Tasks 3.1 Process To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall call directly an answering service provider, contracted for by King County. The phone number shall be supplied to Business Account by King County. Business Account agrees to make information about how to access HFG rides available to all Eligible Employees. Program Coordinator shall obtain the following information from the Eligible Employee, and provide the information to the answering service provider: a. Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride. c. Ensure the Eligible Employee has valid identification to show the taxi driver. d. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a receipt of the taxi trip. e. Business Account's Program Coordinator shall forward copies of such receipts to King County at the end of each month for record keeping and accounting purposes. f. The answering service provider will arrange taxi rides for the Eligible Employee. 4 KING COUNTY RESPONSIBILITIES 4.1 Participating Taxi Business Account(s) Business Account agrees that neither King County nor answering service provider is responsible for providing transportation services under the HFG program. Business Account further agrees that King County makes no guarantee or warranty as to the availability, quality or reliability of taxi service, and that King County's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement. Business Account agrees it shall make no claims of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising out of or in any way related to the HFG program. Without limiting the foregoing and by way of example only, the Business Account agrees that King County shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions. 4.2 Payment of Authorized HFG Taxi Fares King County shall pay the metered fare amount of a Business Account's Program Coordinator-authorized HFG ride, as defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles. Business Account or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty (60) miles. King County shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of Business Account or the Eligible Employee taking the HFG ride. 4.3 Reporting King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this record to Business Account's designated Contact Person if requested. 4.4 Program Abuse King County reserves the right to investigate and recover costs from the Business Account of intentional abuse of the HFG program by Eligible Employees. Program abuse is defined as, but not limited to, taking trips for inappropriate reasons, unauthorized destinations and intermediate stops, and pre-scheduled appointments not defined in the DEFINITIONS section above. 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 48 of 95 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4035 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY METRO TRANSIT REGARDING PURCHASE OF ORCA BUSINESS CARDS AND ORCA BUSINESS PASSPORT PRODUCTS. WHEREAS, the City of Renton, King County, and other area transportation agencies share the desire to provide a transportation management program that will reduce single- occupant vehicle travel and improve the mobility of employees to the City's worksites; and WHEREAS, collectively, the area transportation agencies provide buses, vanpools, van shares, light rail, commuter rail, streetcars, water taxis, and the Home Free Guarantee program; and WHEREAS, the area transportation agencies, through those programs, are authorized to promote alternatives to single occupant vehicle commuting in King County; and WHEREAS, the City wishes to provide incentives to its employees which promote non- single-occupant vehicle commuting to its worksites; and WHEREAS, the City and area transportation agencies desire to utilize ORCA Business Cards and ORCA Business Passport products which can be used to access a variety of services and benefits which enable the City's employees to commute by non-single occupant vehicles; and WHEREAS, it is necessary to memorialize the terms and conditions under which such program will be provided to the City; 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 49 of 95 RESOLUTION NO. 4035 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County Metro Transit entitled "Agreement for Purchase of ORCA Business Cards and ORCA Business Products" and all subsequent agreements regarding purchasing ORCA Business Cards and ORCA Business Passport Products that do not materially change the terms of the agreement and are without budget parameters. PASSED BY THE CITY COUNCIL this lst day of February , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 1st day of February 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1440:l/l/10:scr 5e. ‐ Transportation Systems Division recommends approval of the 2011‐ 2012 One Card for All (ORCA) Business Passport interlocal agreement  Page 50 of 95 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Addendum to Agreement with Soos Creek Water and Sewer District Relating to Maintenance and Operation of the Cascade Interceptor Meeting: Regular Council - 14 Feb 2011 Exhibits: Issue Paper Addendum to Agreement Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Mike Benoit, Utility Systems/Wastewater, x7206 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ $40,000 Transfer Amendment: $ Amount Budgeted: $ $125,000 Revenue Generated: $$160,000 Total Project Budget: $ $200,000 City Share Total Project: $ 20% SUMMARY OF ACTION: The City of Renton and Soos Creek Water and Sewer District (operating as Cascade Sewer District) entered into an agreement dated March 27, 1964, pertaining to the construction, operation and maintenance of a sanitary sewer interceptor known as the Cascade Interceptor. Under the terms of the 1964 agreement, maintenance and repair costs related to this interceptor are to be proportional based upon the ratio of users served by Renton and the District. At this time, the agreed upon proportional flows utilizing the Cascade Interceptor are 20% from Renton customers and 80% from District customers. The Cascade Interceptor is a 46-year old concrete line. It has high flows and is also subject to hydrogen- sulfide corrosion. There are portions of the interceptor that are in immediate need of rehabilitation. We are currently planning to rehabilitate those sections by utilizing “no dig” technology to line the sewers and refurbish the manholes. Renton and the District agree that the City would design, bid, and manage the project. At the conclusion of the project, Renton would invoice the District for 80% of the actual costs. Total cost for the rehabilitation is estimated to be approximately $200,000. Renton would be responsible for $40,000 and the District would be responsible for $160,000. Funding for this project is included in the Wastewater Utility’s approved 2011 CIP budget (#426.465498). STAFF RECOMMENDATION: Approve the addendum to the Soos Creek Water and Sewer District agreement detailing certain responsibilities, including cost sharing, pertaining to needed maintenance and rehabilitation of the sanitary sewer line known as the Cascade Interceptor and adopt the resolution 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 51 of 95 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:January 25, 2011 TO:Terri Briere, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Mike Benoit, Wastewater Utility, x7206 SUBJECT:Addendum to Agreement between Renton and Soos Creek Water and Sewer District Relating to Maintenance and Operation of the Cascade Interceptor ISSUE: Should Council approve and authorize the Mayor and City Clerk to execute an addendum to the agreement between Renton and Soos Creek Water and Sewer District detailing certain responsibilities, including cost sharing, pertaining to necessary maintenance and rehabilitation of the sanitary sewer line known as the Cascade Interceptor? RECOMMENDATION: Approve the addendum to the agreement between Renton and Soos Creek Water and Sewer District detailing certain responsibilities, including cost sharing, pertaining to needed maintenance and rehabilitation of the sanitary sewer line known as the Cascade Interceptor and adopt the resolution authorizing the Mayor and City Clerk to execute the agreement. BACKGROUND SUMMARY: The City of Renton and Soos Creek Water and Sewer District (operating as Cascade Sewer District) entered into an agreement dated March 27, 1964, pertaining to the construction, operation and maintenance of a sanitary sewer interceptor known as the Cascade Interceptor. The Cascade Interceptor is a sewer main jointly owned by the City of Renton and Soos Creek Water and Sewer District (District). The interceptor is located in the Tiffany Park / Royal Hills area. This is the main trunk sewer that transports the sewage from the collector sewers in that portion of Renton’s Sanitary Sewer Service Area and routes it to the King County sewer in Maple Valley Highway. The District has their sewer system connected to the end of the Cascade Interceptor and utilizes the line to move sewage from portions of their service area to King County. 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 52 of 95 Terri Briere, Council President Page 2 of 3 January 25, 2011 H:\File Sys\WWP - WasteWater\WWP-11-0000 Adjacent Districts\WWP-11-xxxx Soos Creek W and S\Issue Paper Soos Creek Cascade Agreement 2011.doc\MABtp Under the terms of the 1964 agreement, maintenance and repair costs related to this interceptor are to be proportional based upon the ratio of users served by Renton and the District. Renton and the District have determined that, at this time, the proportional flows utilizing the Cascade Interceptor are 20% from Renton customers and 80% from District customers. The Cascade Interceptor is a 46-year old concrete line. It has high flows and is also subject to hydrogen-sulfide corrosion. It was a section of this interceptor that failed, causing the sink hole in Royal Hills in 2010. Renton and the District have met to discuss the condition of the sewer and have agreed on what both utilities believe is the best course of action at this time. There are portions of the interceptor that are in immediate need of rehabilitation. We are currently planning to rehabilitate those sections by utilizing “no dig” technology to line the sewers and refurbish the manholes. Renton and the District agree that the City would design, bid, and manage the project. At the conclusion of the project, Renton would invoice the District for 80% of the actual costs. Funding for this project is included in the Wastewater Utility’s 2011 CIP budget (#426.465498). Total cost for the rehabilitation is estimated to be approximately $200,000. Renton would be responsible for $40,000 and the District would be responsible for $160,000. The remaining portions of the interceptor are subject to the same conditions that have deteriorated the failing portions of this sewer. Renton and the District agree that, by performing additional maintenance and operation on the interceptor, we can delay the need to rehabilitate or replace the remaining sections of the sewer. Recognizing that hydrogen-sulfide (H2S) is a problem in this system and is accelerating the degradation of the Cascade Interceptor, Renton and the District will use a chemical treatment to reduce the H2S in the interceptor. The District will introduce the chemical at their Lift Station #5. The District will invoice Renton every six months for 22% of the invoiced cost of the chemical. (The additional 2% is calculated to approximately cover the District’s staff time involved with maintaining the chemical feed system.) Renton will also perform more frequent television inspection of the interceptor. We will rent pumps to bypass flows as necessary and inspect the line approximately every two years. Renton will invoice the District for 80% of the cost of the inspection(s) when completed. CONCLUSION: Renton and the District have prepared an addendum to the original agreement documenting the agreed to work and cost sharing. We are presenting this addendum to Council for approval. We request Council approve the addendum and adoption of the resolution authorizing the Mayor and City Clerk to execute the addendum. 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 53 of 95 Terri Briere, Council President Page 3 of 3 January 25, 2011 H:\File Sys\WWP - WasteWater\WWP-11-0000 Adjacent Districts\WWP-11-xxxx Soos Creek W and S\Issue Paper Soos Creek Cascade Agreement 2011.doc\MABtp cc: Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater Utility Supervisor JoAnn Wykpisz, PW Principal and Financial Analyst Hai Nguyen, Finance Budget Analyst File 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 54 of 95 CITY OF RENTON & SOOS CREEK WATER AND SEWER DISTRICT ADDENDUM TO THE MARCH 27, 1964 CASCADE INTERCEPTOR AGREEMENT SUBJECT: REHABILITATION AND MAINTENANCE OF THE CASCADE INTERCEPTOR THIS ADDENDUM is entered into this _____ day of _________________, 20___, by and between SOOS CREEK WATER AND SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to as “SOOS CREEK”, and the CITY OF RENTON, a Washington municipal corporation, hereinafter referred to as “RENTON”, both being duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, RENTON and SOOS CREEK (operating as Cascade Sewer District) entered into an agreement March 27, 1964 pertaining to the construction, operation and maintenance of a certain interceptor sewer line, hereinafter referred to as “Cascade Interceptor”; and WHEREAS, Some parts of the Cascade Interceptor are in need of immediate rehabilitation while other parts will potentially need rehabilitation in the near future; and WHEREAS, It is in the best interest of RENTON and SOOS CREEK to rehabilitate those portions of the Cascade Interceptor in immediate need and to perform additional maintenance and inspection on the Cascade Interceptor in order to extend the useful life of those portions not in immediate need of rehabilitation; now, therefore, IT IS HEREBY AGREED by and between the parties hereto as follows: 1.Rehabilitation of Portions of the Cascade Interceptor. RENTON will design, permit, bid and manage a project to rehabilitate the structures and sewer mains between manhole 5321-009 and 5321-015, as shown on “Exhibit A”, an approximate distance of twelve hundred lineal feet. Rehabilitation will exclude that portion of the sewer main replaced during the emergency repair in 2010. The total cost of the rehabilitation (including design, construction, etc) is estimated at $200,000. The total cost shall be divided such that RENTON will pay twenty percent (20%) of the cost and SOOS CREEK will pay eighty percent (80%) of the cost. RENTON will invoice SOOS CREEK, at the conclusion of the project, eighty percent (80%) of the actual costs incurred by RENTON for the construction contract, staff costs for design and construction management. It is understood that RENTON may rehabilitate some sewer mains and / or manholes adjacent to the Cascade Interceptor. If done as part of the same project, the additional work will be identified as a separate schedule in the project and SOOS CREEK will not be responsible for participation in this work. 2.Additional Maintenance to Extend the Life of the Cascade Interceptor. Recognizing that hydrogen sulfide (H2S) is a problem within this system and is accelerating the degradation of the Cascade Interceptor, SOOS CREEK will introduce a chemical treatment at their Lift Station #5. The treatment will involve the use of BIOXIDE solution from Siemens. Alternate treatment product(s) may be utilized under agreement of both 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 55 of 95 parties. SOOS CREEK will occasionally access the Cascade Interceptor, utilizing proper maintenance and safety procedures, at RENTON manhole 5321-013, 5321-014, or 5321-015 to monitor H2S levels in the system to ensure proper dosing is occurring. The estimated cost of chemical for treatment is estimated to be $60,000 per year. RENTON will pay twenty-two percent (22%) of the invoiced cost of the chemical as RENTON’s share of all costs incurred by SOOS CREEK. SOOS CREEK will invoice RENTON every six months. 3.Monitoring the condition of the Cascade Interceptor. RENTON will perform television inspection of the Cascade Interceptor approximately every two years. SOOS CREEK will pay eighty percent (80%) of the cost of the television inspection including the use of RENTON’s television inspection equipment, staff, and any required equipment or methodology for reducing flow in the interceptor to allow proper visual inspection. RENTON will invoice SOOS CREEK at the conclusion of the inspection. 4.Obligations Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either RENTON or SOOS CREEK regarding provisions of sanitary sewer services to their customers pursuant to any agreements previously executed by the parties, except as specifically set forth herein. DATED this ________ day of _________________, 20____. Authorized by Resolution No. ______ of the City Council of the City of Renton, Washington, at its regular meeting held on _______ day of ________________, 20____. CITY OF RENTON Denis Law, Mayor Date ATTEST: Bonnie I. Walton, City Clerk Date APPROVED AS TO LEGAL FORM: Lawrence J. Warren, City Attorney Approved by Resolution No. ______/_____ of the Board of Commissioners of SOOS CREEK WATER AND SEWER DISTRICT of King County, Washington, adopted at its regular meeting held on the ______ day of ____________, 20____. SOOS CREEK WATER AND SEWER DISTRICT 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 56 of 95 XXXXXXXXXXXX, President of Board Date ATTEST: XXXXXXXXXXXX, Secretary of Board Date 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 57 of 95 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 58 of 95 5f. ‐ Utility Systems Division recommends approval of an addendum to  CAG‐64‐764, with Soos Creek Water and Sewer District, in the amount of Page 59 of 95 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY REGARDING THE STRANDER BOULEVARD PROJECT AND THE RAINIER AVENUE PROJECT. WHEREAS, the City is a municipal corporation with all powers necessary to construct public improvements within its jurisdiction; WHEREAS, the Central Puget Sound Regional Transit Authority (hereinafter "Sound Transit") is a governmental entity vested with all powers necessary to implement a high capacity transportation system within its boundaries in King, Pierce, and Snohomish Counties as provided in RCW 81.104 and 81.112; and WHEREAS, Sound Transit and the City recognize the need to collaborate on the design and development of transit improvements to effectively and efficiently provide bus service to the City of Renton and the surrounding area; and WHEREAS, constructing and operating transit improvements within the region is a complex task, requiring maximum cooperation and efficient utilization of resources between the parties, and the parties recognize the efficiencies and economies inherent in jointly designing and constructing the transit improvements funded by Sound Transit contemporaneously with general purpose improvements funded by the City; and WHEREAS, the City and Sound Transit have committed to work together in partnership since 2005 toward successful completion of the Tukwila Sounder Station project and certain 7a. ‐ Rainier Ave. S. & SW 27th St. interlocal funding agreement with  Sound Transit (See 6.c.)Page 60 of 95 RESOLUTION NO. City street improvement projects as evidenced by letters, an interlocal cooperative agreement and three amendments to that agreement; and WHEREAS, the City, in partnership with Sound Transit, has been moving forward with its Strander Boulevard street project, however, the City and Union Pacific Railroad ("UP") were unable to reach agreement for the relocation of the UP track to the east alongside Burlington Northern Santa Fe tracks which would have allowed Strander Boulevard to cross over the combined tracks, and therefore the City has altered the design to include undercrossing of the railroads and will provide direct access from Strander Boulevard to the Tukwila Sounder Station; and WHEREAS, the Rainier Avenue project will provide Sound Transit and King County Metro express bus service to improve travel times through the heavily congested Rainier Avenue and achieve a significant time saving in both the northbound and southbound directions; and WHEREAS, the City will serve as the lead agency for environmental review, design and construction of the two street improvement projects described above, including that portion of the Strander Boulevard project located within the City of Tukwila; and WHEREAS, the transit and general purpose improvements in both of the City's street improvement projects are supported by the Renton City Council and endorsed by Sound Transit; and WHEREAS, Sound Transit previously committed to provide funding for the two City street projects described above and reaffirms its commitment to provide funding through the interlocal agreement which is intended to replace all prior agreements; 7a. ‐ Rainier Ave. S. & SW 27th St. interlocal funding agreement with  Sound Transit (See 6.c.)Page 61 of 95 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Sound Transit regarding the Strander Boulevard project and the Rainier Avenue project. 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 RES.1491:l/18/ll:scr Denis Law, Mayor 7a. ‐ Rainier Ave. S. & SW 27th St. interlocal funding agreement with  Sound Transit (See 6.c.)Page 62 of 95 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTION 4-2-060A, AGRICULTURE AND NATURAL RESOURCES, OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, AND SECTION 4-11-180, DEFINITIONS R, OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", AMENDING THE ZONING USE REGULATIONS REGARDING AGRICULTURE AND NATURAL RESOURCES BY ADDING A USE TO THE ZONING USE TABLE SPECIFYING WHICH ZONES ALLOW FOR SMALL-SCALE SCIENTIFIC RESEARCH ACTIVITIES OR USES, AND ADDING A DEFINITION FOR "RESEARCH - SCIENTIFIC (SMALL SCALE)". "p C* WHEREAS, the City recognizes that the gathering of data, information, and facts for the advancement of scientific knowledge is valuable; and WHEREAS, the City recognizes that certain scientific research projects or activities were not previously anticipated in the context of allowed uses in certain zoning designations; and WHEREAS, the City seeks to set standards that are consistent with the established environmental principles; and WHEREAS, the City seeks to allow small scale scientific research activities or experiments which do not create an undue impact on the underlying use of the site or the environment; and WHEREAS, this matter was referred to the Planning Commission for investigation, study, and the matter having been considered by the Planning Commission, and the zoning text amendment request being in conformity with the City's Comprehensive Plan, as amended; and 7a. ‐ Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50  (See 6.b.)Page 63 of 95 ORDINANCE NO. WHEREAS, the Planning Commission held a public hearing on October 20, 2010, having 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 4-2-060A, Agriculture and Natural Resources, 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: ZONING USE TABLE USES: RESIDENTIAL ZONING DESIGNATIONS RC R- 1 R- 4 R- 8 RMH R- 10 R- 14 RM INDUS- TRIAL IL IM IH COMMERCIAL ZONING DESIGNATIONS CN CV CA CD CO COR UC- Nl UC- N2 A. AGRICULTURE AND NATURAL RESOURCES Agriculture Natural resource extraction/recovery Research - Scientific (Small Scale) P H P P H P H P H P H P H P H P H P H P H59 P H P H P H P H P H P H P H P P P SECTION II. Section 4-11-180, Definitions R, 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 include a definition for "Research - Scientific (Small Scale)" to read as follows: RESEARCH - SCIENTIFIC (SMALL SCALE): The gathering of data, information. and facts for the advancement of knowledge. Small-scale research is generally 7a. ‐ Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50  (See 6.b.)Page 64 of 95 ORDINANCE NO. sponsored by an organization or government agency. Facilities may consist of temporary offices, sheds, or structures that have a small footprint. The uses have only limited impact on the underlying use of the site or environment as determined by the Administrator of the Department of Community and Economic Development or designee. Such scientific research may be conducted in a building or in the field, may include investigation, testing or experimentation for study, research education, mitigation, and demonstration of scientific principles and may be temporary in nature. 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: Denis Law, Mayor ORD:1691:12/2/10:scr 7a. ‐ Small Scale Scientific Research Facilities ‐ Title IV Docket #D‐50  (See 6.b.)Page 65 of 95 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-2-020C, RESIDENTIAL-1 DU/ACRE (R-l), 4-2-110A, DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES), 4-2-110B, DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS), AND 4-2-110D, CONDITIONS ASSOCIATED WITH DEVELOPMENT STANDARDS TABLE FOR RESIDENTIAL 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", CLARIFYING THE REGULATIONS REGARDING DEVELOPMENT STANDARDS AND CONDITIONS ASSOCIATED WITH THE RESIDENTIAL-1 (R-l), RESIDENTIAL-4 (R-4), RESIDENTIAL-8 (R-8), AND RESIDENTIAL-10 (R-10) ZONING DESIGNATIONS. WHEREAS, existing development standards and conditions associated with the Residential-1 (R-l), Residential-4 (R-4), Residential-8 (R-8), and Residential-10 (R-10) zoning designations are unclear and inconsistent; and WHEREAS, the City seeks to amend the development standards to provide consistent development regulations; 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 October 6, 2010, having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 66 of 95 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-2-020C, Residential-1 DU/Acre (R-l), 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: C. RESIDENTIAL-1 DU/ACRE (R-l): The Residential-1 Dwelling Unit Per Net Acre Zone (R-l) is established to provide and protect suitable environments for residential development of lands characterized by pervasive critical areas where limited residential development will not compromise critical areas. It is intended to implement the Low Density Residential Comprehensive Plan designation. The zone provides for suburban estate single family and clustered single family residential dwellings, at a maximum density of one dwelling unit per net acre, and allows for small scale farming associated with residential use. Density bonus provisions, of up to eighteen (18) dwelling units per acre, are intended to allow assisted living to develop with higher densities within the zone. It is further intended to protect critical areas, provide separation between neighboring jurisdictions through designation of urban separators as adopted by the Countywide Policies, and prohibit the development of incompatible uses that may be detrimental to the residential or natural environment. No minimum density is required. 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 67 of 95 ORDINANCE NO. SECTION II. The Density, Number of Dwelling Units Per Lot, Lot Dimensions and Setback sections of subsection 4-2-110A, Development Standards for Residential Zoning Designations (Primary and Attached Accessory Structures), 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", are hereby amended as shown on Attachment A. All other portions of the subsection shall remain as currently codified. SECTION III. Subsection 4-2-110B, Development Standards for Residential Development (Detached Accessory Buildings), 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 shown on Attachment B. SECTION IV. Subsections 4-2-110D.7, 4-2-110D.12, 4-2-110D.13, 4-2-110D.21, 4-2- 110D.27 and 4-2-110D.28 of subsection 4-2-110D, Conditions Associated with Development Standards Table for Residential 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", are hereby amended as follows: 7. For assisted living developments meeting the conditions of RMC 4-9- 065, Density Bonus Review, there is no maximum number of dwelling units per lot. For pro existing legal lots hoving loss than tho minimum lot width roquirod by this Section, tho following chart shall apply for dotormining tho required minimum sido yard width along a strcot: 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 68 of 95 ORDINANCE NO. WIDTH OF EXISTING LEGAL LOT MINIMUM SIDE YARD WIDTH ALONG A STREET RCZONE 150 foot or loss 254 R1 ZONE Loss than or equal to 50 ft. 404 50.1 to 51 ft. 114 51.1 to 52 ft. 434 52.1 to 53 ft. 434 53.1 to 51 ft. 444 51.lto55ft. 454 55.1 to 56 ft. 464 56.1 to 57 ft. 474 57.1 to 58 ft. 484 58.1 to 59 ft. 494 59.1 and groator 204 R 4 or R-8 ZONE Loss than or oqual to 50 ft. 404 50.1 to 52 ft. 414 52.1to54ft. 4*4 51.lto56ft. 434 56.1 to 58 ft. 444 58.1 or groator 454 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front - twenty feet (20'). Side yard along a street - fifteen feet (15') primary structure, twenty feet (20') attached garage with access from the side yard. 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 69 of 95 ORDINANCE NO. —Side—Minimum sido yard combined setback - fifteen foot (15'). —Minimum for ono yard - fivo foot (51). 13. For properties vostod with a comploto plat application prior to Novombor 10, 2004, and for tho Mosior II, Maplcwood East and Anthono annexation aroas, the following standards apply. Vested plats must bo dovolopod within fivo (5) years of preliminary plat approval and/or annexation. —Maximum density—fivo (5) dwelling units por not aero. —Minimum lot size—seven thousand two hundred (7,200) sq. ft. —Minimum lot width - sixty foot (60') for interior lots, seventy foot (70') for cornor lots. —Minimum lot depth - seventy foot (70'). —Minimum front yard—fifteen foot (15') for tho primary structure, twonty foot (20') for an attached or dotochod garage. For a unit with alloy access garage, tho front yard sotback for tho primary structure may bo roducod to ton foot (10') if all parking is provided in tho roar yard of tho lot with accoss from a public right of way or alloy. —Minimum sido yard along a stroct—fifteen foot (15'). —Minimum sido yard -five foot (51). —Minimum roar yard-twenty fivo foot (25'). Reserved. 21. Rosorvod. The Administrator of the Department of Community and Economic Development or designee may modify this provision through the site development plan review process where it is determined that specific portions of 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 70 of 95 ORDINANCE NO. the required on-site perimeter landscaping strip may be developed and maintained as a usable public open space with an opening directly to a public entrance. 27. Minimum density requirements shall not apply to tho renovation or conversion of an existing structure. See RMC 4-3-100, Urban Design Regulations. 28. In ordor to moot tho variation requirements of RMC 4 2 115, lot dimensions and setbacks arc allowed to bo decreased and/or incroasod; provided, that when avoragod tho applicable lots standards of tho zono arc mot. For lots created after November 10, 2004. SECTION V. Subsection 4-2-110D, Conditions Associated with Development Standards Table for Residential 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 to add two new subsections 4-2-110D.30 and 4-2-110D.31, to read as follows: 30. Minimum density requirements shall not apply to the renovation or conversion of an existing structure. Additionally, in the R-l zone only, minimum density requirements shall not apply to the subdivision or development of a legal lot one half VA) gross acre or less in size as of March 1,1995. 31. In order to meet the variation requirements of RMC 4-2-115, lot dimensions and setbacks are allowed to be decreased and/or increased, provided that when averaged the applicable lots standards of the zone are met. 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 71 of 95 ORDINANCE NO. SECTION VI. 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: ORD:1688:ll/23/10:scr Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor 7b. ‐ Evaluation of Residential Development Standards ‐ Title IV Docket  #D‐52 (See 6.b.)Page 72 of 95 ORDINANCE NO. 4-2-llOA DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY AND ATTACHED ACCESSORY STRUCTURES) DENSITY Minimum Net Density (for proposed short plats or subdivisions)1'15 RC, R-l, and R- 4 R-8 R-10 R-14 RM none 4 dwelling units per net acre. For parcels over 1/2 gross acre: 4 dwelling units per net acre30 10 dwelling units per net acre30 For any subdivision, and/or development:30 "U" suffix: 25 dwelling units per net acre. "T" suffix: 14 dwelling units per net acre. "F" suffix: 10 dwelling units per net acre. Maximum Net Density2,14'15 RC R-l R-4 R-8 R-10 1 dwelling unit per 10 net acres. 1 dwelling unit per 1 net acre, except that in designated Urban Separators density of up to 1 unit per gross acre may be permitted subject to conditions in RMC 4-3-110, Urban Separator Overlay Regulations. Assisted living bonus: A maximum density of 18 units/acre, 1.5 timos tho maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. 4 dwelling units per 1 net acre.43 8 dwelling units per 1 net acre. 10 dwelling units per net acre. Assisted living bonus: A maximum density of 18 units/acre, for assisted living, 1.5 times tho maximum density ATTACHMENT A - Page 1 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 3 o f 9 5 ORDINANCE NO. may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. R-14 14 dwelling units per net acre, except that density of up to 18 dwelling units per acre may be permitted subject to conditions in RMC 4-9-065, Density Bonus Review. Assisted living bonus: A maximum density of 18 units/acre, for assisted living, 1.5 timos tho maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. Affordable housing bonus: Up to 30 dwelling units per net acre may be permitted on parcels a minimum of two acres in size if 50% or more of the proposed dwelling units are affordable to low income households with incomes at or below 50% of the area median income. RM "U" suffix: 75 dwelling units per net acre.26 "T" suffix: 35 dwelling units per net acre. "F" suffix: 20 dwelling units per net acre.— Assisted living bonus: 1.5 times the maximum density may be allowed subject to conditions of RMC 4-9-065, Density Bonus Review. NUMBER OF DWELLING UNITS PER LOT Maximum Number per legal lot RC, R-l, R-4, and R-8 1 dwelling with 1 accessory dwelling unit.- R-10 and R-14 Detached single family dwellings: 1 dwelling with 1 accessory dwelling unit. Attached dwellings: n/a RM n/a LOT DIMENSIONS (for proposed plats and line adjustments) Minimum Lot Size RC 28 10 acres R-l 28 1 acre, except 10,000 sq. ft. for cluster development. ATTACHMENT A- Page 2 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 4 o f 9 5 ORDINANCE NO. R-428 R-828 R-10 and R- 1429 RM 8,000 sq. ft.117**, except for small lot clusters development10, where R-8 standards shall apply. 4,500 sq. ft. for parcels greater than 1 acre. 5,000 sq. ft. for parcels 1 acre or less. No minimum lot size. However, small lot developments of greater than 9 single family dwellings shall incorporate a variety of home sizes, lot sizes, and unit clusters. n/a Minimum Lot Width RC R-l R-4 R-8 R-10 and R-14 RM 150 ft. for interior lots. 175 ft. for corner lots. 75 ft. for interior lots. 85 ft. for corner lots. Except for clustered development within dosignatod Urban Separators, where R-4 standards shall apply for both interior and corner lots. 70 ft. for interior lots.43 80 ft. for corner lots.11?i3 Except for small lot clusters development10, where R-8 standards shall apply. 50 ft. for interior lots. 60 ft. for corner lots. No minimum lot width. "T" suffix: 14 ft. All other suffixes: 50 ft. Minimum Lot Depth RC R-l 200 ft. 85 ft., except for cluster development, where R-4 standards shall apply.3 ATTACHMENT A - Page 3 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 5 o f 9 5 ORDINANCE NO. R-4 R-8 R-10 and R-14 RM29 80 ft.llr43, except for small lot clusters development10, where R-8 standards shall apply. 65 ft. No minimum lot depth. 65 ft. Lot Configuration R-8, R-10, and R-14 See RMC 4-2-115 SETBACKS4'31 Guidelines for R-10 and R-14: Building setbacks shall ensure separation of homes and private spaces while allowing high density. Visual functional continuity shall be maintained between housing units through similar setbacks and/or landscape buffers. Structures and parking areas may encroach into required setbacks if it can be shown that such encroachment allows significant trees or tree clusters to be retained. Encroachment shall be the minimum encroachment necessary to protect specified trees. In no case shall the yard be reduced to 50% or more of the required setback. Minimum Front Yard6 RC and R-l R-4 R-8 R-10 and R-14 30 ft. 30 ft.12743 except for small lot clusters development10, where R-8 standards shall apply. Unit with Alley Access Garage: The front yard setback of the primary structure maybe reduced to 20ft. if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. 15 ft. Unit with Alley Access Garage: The front yard setback of the primary structure maybe reduced to 10 ft. if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. On a Residential Access Street: 8 ft. to building, 5 ft. to porch, or 7 ft. to a stoop. There shall be an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. On a Limited Residential Access Street: 0 ft. to building, 5 ft. to porch, or 7 ft. to a stoop. There shall be an 18 ft. ATTACHMENT A - Page 4 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 6 o f 9 5 ORDINANCE NO. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. On a Pedestrian Easement or Common Open Space: 4 ft. to the building, or 1 ft. to porch or stoop. RM "U" suffix: 5 ft.(18'19> "T" suffix: 5 ft. "F" suffix: 20 ft. Minimum Side Yard RC 25 ft. R-l 15 ft. R-4 •12- 13 . 15 combined ft. ' is allowed with a minimum of 5 ft. for any sido yard. 5 ft. is allowed in small lot clusters. 5 ft. R-8 5 ft. R-10 and R-14 Detached Units: 4 ft., except when located on a corner lot, then 8 ft. with an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. Attached Units: 4 ft. for the unattached side(s) of the structure. 0 ft. for the attached side(s). 23 RM "T" suffix - Attached Units: A minimum of 3 ft. for the unattached side(s) of the structure. Oft. for the attached side(s). Standard Minimum Setbacks for all other suffixes: Minimum setbacks for side yards:24 Lot width: less than or equal to 50 ft. -Yard setback: 5 ft. Lot width: 50.1 to 60 ft. - Yard setback: 6 ft. Lot width: 60.1 to 70 ft. — Yard setback: 7 ft. Lot width: 70.1 to 80 ft. - Yard setback: .8 ft. Lot width: 80.1 to 90 ft. - Yard setback: 9 ft. Lot width: 90.1 to 100 ft. - Yard setback: 10 ft. Lot width: 100.1 to 110 ft. - Yard setback: 11 ft. Lot width: 110.1+ ft. - Yard setback: 12 ft. Additional setbacks for structures greater than 30 ft. in elevation: The entire structure shall be set back an additional 1 ft. for each 10 ft. in excess of 30 ft. to a maximum cumulative setback of 20 ft. ATTACHMENT A - Page 5 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 7 o f 9 5 ORDINANCE NO. Additional setbacks for lots abutting Single Family Residential Zones RC, R-l, R-4, R-8, and R-10: 25 ft. along the abutting side(s) of the property. Side Yard Along a Street RC R-l R-4 R-8 R-10 and R-14 RM 30 ft.7 20 ft7 20 ft.12r43, except 15 ft. is allowod in small lot clustors.^-for small lot cluster development10, where R-8 standards shall apply. 15 ft.7 for the primary structure n/a "U" and "T" suffixes and on all previously existing platted lots which are 50 ft. or less in width: 10 ft. All other suffixes with lots over 50 ft. in width: 20 ft. Minimum Rear Yard RC R-l R-4 R-8 R-10 and R-14 RM 35 ft. 25 ft. 25 ft.43, except 20 ft. is allowod in small lot clusters.40 for small lot cluster development10, where R-8 standards shall apply. 20 ft. 12 ft., except when rear yard is abutting a common open space, then 4 ft. "U" suffix: 5 ft.,18'19 unless lot abuts an RC, R-l, R-4, R-8, or R-10 zone, then 25 ft. "T" suffix: 5 ft. "F" suffix: 15 ft. Minimum Freeway Frontage Setback ATTACHMENT A - Page 6 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 8 o f 9 5 ORDINANCE NO. RC, R-l, R-4, R- 8, R-10, and R- 14 10 ft. landscaped setback from the street property line. Clear Vision Area RC, R-l, R-4, R- 8, R-10, and R- 14 In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030, Definitions C. Reciprocal Use Easements RC, R-l, R-4 and R-8 n/a R-10, and R-14 In order to allow for opportunities that maximize space, reciprocal use easements are allowed. If used, all of the following are required: 1. Reciprocal side and/or rear yard use easements shall be delineated on the site plan. 2. Residential walls facing a reciprocal side yard shall not have any windows within 5 feet of ground level or doors entering into the yard space of the abutting home. 3. The design of use easements should not negatively affect the building foundations. 4. The layout of each home should be such that privacy is maintained between abutting houses. RM n/a ATTACHMENT A - Page 7 of 7 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 7 9 o f 9 5 ORDINANCE NO. 4-2-llOB DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (DETACHED ACCESSORY BUILDINGS)^5 MAXIMUM NUMBER AND SIZE General RC, R-l, R-4, R- 8, R-10, R-14 and RM Accessory structures shall only be allowed on lots in conjunction with a primary use. The total floor area of all accessory buildings shall not be greater than the floor area of the primary residential uses. The lot coverage of the primary residential structure along with all accessory buildings shall not exceed the maximum lot coverage of the Zoning District.17 Accessory Dwelling Unit RC, R-l, R-4, R-8, R-10 and R-14 1 unit per lot of record - 800 sq. ft 16 RM n/a Other Types of Accessory Structures Allowed in Addition to Accessory Dwelling Unit RCand R-l 2 structures - max. 720 sq. ft. per structure, or 1 structure - max. 1,000 sq. ft. In addition, 1 barn or stable - max. 2,000 sq. ft.; provided the lot is 5 acres or more. R-4 and R-8 2 structures - max. 720 sq. ft. per structure, or 1 structure - max. 1,000 sq. ft. R-10 and R-14 1 structure per residential unit - max. 400 sq. ft.; provided, that they are architecturally consistent with the principal structure. Except, greenhouses, sheds, or other similar accessory structures - max. 150 sq. ft. and no tailor than 12 ft. HEIGHT Maximum Building Height except for uses having a "Public Suffix" (P) designation 8,9 ATTACHMENT B - Page 1 of 5 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 8 0 o f 9 5 ORDINANCE NO. RC Accessory building- 15 ft. R-l, R-4 and R-8 Accessory building - 15 ft. Accessory dwelling units - 30 ft. Animal husbandry or agricultural related structures - 30 ft. R-10 and R-14 Accessory building- 15 ft. Accessory dwelling unit - 30 ft. RM 25 ft., except in the RM-U District where the maximum height shall be determined through the site plan review process. LOCATION General RC, R-l, R-4, R-8 and R-10 n/a R-14 Garages and carports shall only have access from the alley when lots abut an alley. When lots do not abut an alley, garages and carports shall be located in the rear yard or side yard and set back from the front of the primary structure by a minimum of 6 feet. RM "U" Suffix: Garages and carports shall only have access from the alley when lots abut an alley. When lots do not abut an alley, garages and carports shall be located in the rear yard or side yard. MINIMUM SETBACKS General RC, R-l, R-4, R- 8, R-10, R-14 and RM 6 ft. from any residential structure. If sited closer than 6 ft., the structure will be considered to be attached. Side Yards for Accessory Buildings ATTACHMENT B - Page 2 of 5 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 8 1 o f 9 5 ORDINANCE NO. RC and R-l 5 ft. unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. R-4, R-8, R-10, R-14 and RM 3 ft. unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Side Yards for Accessory Dwelling Units RC 25 ft., except when along a street then 30 ft.7 R-l 25 ft., except when along a street then 20 ft. R-4 15 combined ft.12'13 is allowod with a minimum of 5 ft. for any sido yard, oxcopt when along a stroot then 20 ft.437 » i For small lot clusters 5 ft. is allowod oxcopt when along a stroot thon 20 5_ft. R-8 5 ft.L except when along a street then 15 ft.7 or when part of an attached garage that accesses from the side yard along a street then 20 ft. R-10 and R-14 4 ft., except when located on a corner lot then, 8 ft. with an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. RM n/a Rear Yards for Accessory Buildings RC 5 ft. R-l, R-4, R-8, R- 10, R-14 and RM 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. rear yard is allowed. Except for garages, in order to ensure that there is adequate vehicular turning radius, garages on alleys shall be located as follows: 1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. Rear Yards for Accessory Dwelling Units RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. ATTACHMENT B - Page 3 of 5 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 8 2 o f 9 5 ORDINANCE NO. R-l and R-4 R-8 R-10 and R-14 RM Determined through administrative review, to be no less than 10 ft. and no greater than 25 ft. Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. n/a Front Yard/Side Yard Along Streets RC, R-l, R-4, R- 8, R-10,R-14 and RM Accessory structures are not permitted within required front yards or side yards along streets. Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R-l, R-4, R- 8, R-10, and R- 14 RM Agricultural related structures - 50 ft. from any property line. Stables and other animal husbandry related structures, see RMC 4-4-010. n/a Clear Vision Area RC, R-l, R-4, R- 8, R-10, R-14 and RM In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. PARKING General RC, R-l, R-4 and R-8 Garages and carports must provide a minimum of 24 ft. of back-out room, either on site or counting improved alley surface or other improved right-of-way surface. See RMC 4-4-080. ATTACHMENT B - Page 4 of 5 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 8 3 o f 9 5 ORDINANCE NO. R-10 and R-14 Garages shall be set back a minimum of 10 ft. from the front of the building facade or 7 ft. from the back of a porch or stoop. Garages shall have a minimum 18-foot driveway length from the face of the garage to the back of the sidewalk or access lane, unless accessed by an alleyway. CRITICAL AREAS General RC, R-l, R-4, R- 8, R-10, and R- 14 See RMC 4-3-050 and 4-3-090 ATTACHMENT B - Page 5 of 5 7 b .   ‐   E v a l u a t i o n   o f   R e s i d e n t i a l   D e v e l o p m e n t   S t a n d a r d s   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 2   ( S e e   6 . b . ) P a g e 8 4 o f 9 5 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, SUBSECTION 4-2-115F.2, OPEN SPACE, OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, AND SUBSECTION 4-3-100E.4, RECREATION AREAS AND COMMON OPEN SPACE, OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW SECTION 4-1-240, COMMON OPEN SPACE SUBSTITUTIONS, AND AMENDING CURRENT REGULATIONS BY ADDING PROVISIONS PERMITTING TRAIL AND/OR PARK DEDICATIONS OR A FEE-IN-LIEU FOR COMMON OPEN SPACE STANDARDS REQUIRED IN THE R-10 AND R-14 ZONE, DESIGN DISTRICTS A, C, AND D, AND KING COUNTY VESTED SUBDIVISIONS. WHEREAS, the development standards for the R-10 and the R-14 zoning designations require common open space or a park if new development exceeds four dwelling units; and WHEREAS, Design Districts A, C, and D require common open space for any new multi- family residential development that exceeds 10 dwelling units and/or any new non-residential development that exceeds 30,000 square feet; and WHEREAS, King County code requires tot lots to be developed as a part of the subdivision process; and WHEREAS, the purpose of common open space is to provide green space or recreation areas in new developments; and WHEREAS, the substitution of privately maintained open space for publicly maintained open space would provide green space and/or recreation opportunities for development residents to the same degree as common open space; and 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 85 of 95 ORDINANCE NO. WHEREAS, the City seeks to amend Title IV to allow such substitutions to occur when public open space would provide equal or better value to a new development as common open space would provide; and WHEREAS, this matter was referred to the Planning Commission for investigation, study, and the matter having been 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 October 6, 2010, having 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. 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 amended to add a new section, 4-1-240, entitled "Common Open Space Substitutions", to read as follows: 4-1-240 COMMON OPEN SPACE SUBSTITUTIONS: A. APPLICABILITY: This section is applicable to any development where common open space or a park is required by RMC 4-2-115, Residential Design and Open Space Standards, or RMC 4-3-100, Urban Design Regulations, or King County vested projects where tot lots or similar spaces are required. 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 86 of 95 ORDINANCE NO. B. PUBLIC TRAIL OR PARK IMPROVEMENTS OR FEE-IN-LIEU FOR COMMON OPEN SPACE: Improvements to public trails, public parks, or payment of a fee may occur to reduce common open space requirements, if approval for such substitution is accepted by the Community Services Department and granted by the Administrator or designee. 1. Public Trail Improvement In Lieu of Common Open Space: The requirements for open space may be reduced where public trail improvements are being provided. On-site public trail improvements may occur as a substitute to common open space requirements on a square footage basis provided the trail has been identified in the Renton Trails and Bicycle Master Plan or The Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. Trails shall be constructed by the developer to standards specified by the Community Services Department and dedicated to and accepted by the City of Renton as a public trail prior to final plat recording or short plat recording, or building permit final occupancy for non-subdivision projects. 2. Public Park Improvement In Lieu of Common Open Space: The requirements for open space may be reduced where public park improvements are being provided. On-site public park improvements may occur as a substitution to common open space requirements on a square footage basis provided the park has been identified in The Parks, Recreation, Open Space, and Natural Resources Plan or an adopted community plan. The park shall be 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 87 of 95 ORDINANCE NO. constructed by the developer to standards specified by the Community Services Department and dedicated to and accepted by the City of Renton as a public park prior to final plat recording or short plat recording, or building permit final occupancy for non-subdivision projects. 3. Fee-ln-Lieu of Common Open Space: A fee-in-lieu of may occur as a substitute to common open space requirements provided that an off-site public park is within one quarter (1/4) mile of the site proposed for development, safe and easy pedestrian access is provided to such public park, and the public park shall be an integral part of the design approach of the development. a. Fee Calculation: The fee shall be the equivalent of the monetary value of the required improvements for common open space plus the monetary value of the land area required to be placed in common open space. The project applicant shall provide the City with an estimate of the improvement value and an appraisal for the value of the land for the identified intended use with utilities and other non-structural improvements. The total monetary value of the fee-in- lieu shall be approved by the Community Services Department. b. The fee shall be paid prior to final plat recording or final short plat recording or building permit issuance for non-subdivision projects. SECTION II. Subsection 4-2-115F.2, Open Space, 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 so the section entitled "Public Trail Improvements Option in Lieu of Common Open Space" is to be entitled 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 88 of 95 ORDINANCE NO. "Common Open Space or Park Substitutions", and as shown below. All other portions of the subsection shall remain as currently codified. Open space substitutions: Public Trail Improvements Option in Liou of Common Open Common Open Space or Park Substitutions: Space: Tho requirements for open space may bo roducod whoro public park or trail improvomonts arc being provided pursuant to this subsection. R-10 and R-14 See RMC 4-1-240. On-site: On site public trail improvomonts may occur as a substitute to common open space requirements on a squaro footago basis provided tho trail can bo connected to a trail that is within tho Ronton Trails and Bicycle Mastor Plan or an adopted community plan. Trails shall bo constructed to standards specified by the Ronton Parks and Recreation Department and dedicated to and accepted by tho City of Ronton as a public trail. SECTION III. Subsection 4-3-100E.4, Recreation Areas and Common Open Space, of Chapter 3, Environmental Regulations and Overlay Districts, 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 standards in the section for District A, C and D are as shown below. All other portions of the subsection shall remain as currently codified. Districts A,C, and D Beth All of the following are required: 1. All mixed use residential and attached housing developments often (10) or more dwelling units shall provide common opens space and/or recreation areas. a. At minimum fifty (50) square feet per unit shall be provided. b. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Administrator of the Department of Community and Economic Development or designee. c. Open space or recreation areas shall be located to provide sun and light exposure to the area and located so that they are aggregated to provide usable area(s) for residents. d. At least one of the following shall be provided in each open space and/or recreation area (the Administrator of the Department of Community and Economic Development or designee may require more than one of the following elements for developments having more than one hundred (100) units). i. Courtyards, plazas, pea patches,_or multi-purpose open spaces; 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 89 of 95 ORDINANCE NO. ii. Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; iii. Pedestrian corridors dedicated to passive recreation and separate from the public street system; iv. Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or v. Children's play spaces that are centrally located near a majority of dwelling units and visible from surrounding units. They shall also be located away from hazardous areas such as garbage dumpsters, drainage facilities, and parking areas. e. The following shall not be counted toward the common open space or recreation area requirement: i. Required landscaping, driveways, parking, or other vehicular use areas^ ii. Required yard setback areas. Except for areas that are developed as private or semi- private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (illustration below)^ 1"'. u-- ^00.-- ^ti_^-'' Jjft=Il_k '^ (J f^W^' Ql ir-^ I TOsi"*ktv7r ^ •$*=.-v^^M^ x. '-'~^^^$^ iii. Private decks, balconies, and private ground floor open space; and^ iv. Other required landscaping and sensitive area buffers without common access links, such as pedestrian trails. 2. All buildings and developments with over thirty thousand (30,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian- oriented space. 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 90 of 95 ORDINANCE NO. a. The pedestrian-oriented space shall be provided according to the following formula: 1% of the site area + 1% of the gross building area, at minimum. b. The pedestrian-oriented space shall include all of the following: i. Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; and ii. Paved walking surfaces of either concrete or approved unit paving; and iii. On-site or building-mounted lighting providing at least four (4) foot-candles (average) on the ground; and iv. At least three (3) lineal feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. c. The following areas shall not count as pedestrian-oriented space: i. The minimum required walkway. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian-oriented space if the Administrator of the Department of Community and Economic Development or designee determines such space meets the definition of pedestrian-oriented space. ii. Areas that abut landscaped parking lots, chain link fences, blank walls, and/or dumpsters or service areas. d. Outdoor storage (shopping carts, potting soil bags, firewood, etc.) is prohibited within pedestrian-oriented space. 3. Open Space Substitutions; see RMC 4-1-240. SECTION IV. 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 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 91 of 95 ORDINANCE NO.. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: „___ ORD:1689:ll/29/10:scr 7c. ‐ Fee‐In‐Lieu of Provision for Parks ‐ Title IV Docket #D‐53 (See 6.b.) Page 92 of 95 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON (GENERALLY LOCATED SOUTH OF SOUTH 134™ STREET, EAST OF OAKSDALE AVENUE SOUTHWEST, AND WEST OF HARDIE AVENUE SOUTHWEST) TO R-8 (RESIDENTIAL 8 DU/AC; EIGHT DWELLING UNITS PER ACRE) AND R-10 (RESIDENTIAL 10 DU/AC; TEN DWELLING UNITS PER ACRE). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, the City having held a public hearing in the matter of zoning on October 6, 2010, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the Planning Commission having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-8 and R-10. The ordinance adopting the maps of the City's zoning ordinance is hereby amended to evidence the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: 7d. ‐ Cedar River Pipeline Zoning ‐ Title IV Docket #D‐56 (See 6.b.) Page 93 of 95 ORDINANCE NO. See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [The subject property, approximately 4.8 acres, is generally located immediately south of South 134th Street, east of Oaksdale Avenue Southwest, and west of Hardie Avenue Southwest.] 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:1686:ll/19/10:scr 7d. ‐ Cedar River Pipeline Zoning ‐ Title IV Docket #D‐56 (See 6.b.) Page 94 of 95 August 19 0 250 500 ^^^^ 1:5,000 >^^T Community & Economic Development Alex PlclscJi, Administrator Adrkma A. Johnson. Planning Tech IT City of 2010 Cedar River Pipeline Prezone Prezone L..-J C'ty Limits ^^ Residential - 10 DU/AC Parcels fUff Residential - 8 DU/AC 7 d .   ‐   C e d a r   R i v e r   P i p e l i n e   Z o n i n g   ‐   T i t l e   I V   D o c k e t   # D ‐ 5 6   ( S e e   6 . b . ) P a g e 9 5 o f 9 5