HomeMy WebLinkAboutAgenda Packet for 07/11/2016
AGENDA
City Council Regular Meeting
7:00 PM - Monday, July 11, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Parks & Recreation Month - July 2016
4. SPECIAL PRESENTATION
a) RMAC "Arts and Culture in Renton"
b) Governor's Smart Community Award
5. PUBLIC HEARING
a) Sunset Redevelopment Planned Action Amendments
6. ADMINISTRATIVE REPORT
7. AUDIENCE COMMENTS
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed five minutes.
When recognized, please state your name & city of residence for the record.
8. 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 June 27, 2016.
Council Concur
b) AB - 1718 City Clerk reports appeal of the Hearing Examiner's final decision regarding the
Avana Ridge PUD (LUA-15-000894) by Dan Palmer, accompanied by required fee.
Consideration of the appeal by the City Council shall be based solely upon the record,
the Hearing Examiner's report, the notice of appeal, and additional submissions by
parties (RMC 4-8-110.F.6.).
Refer to Planning & Development Committee
c) AB - 1719 City Clerk submits the quarterly list of fully executed contracts between
4/1/2016 - 6/30/2016, and a report of agreements expiring between 7/1/2016 -
12/31/2016.
None; Information Only
d) AB - 1721 City Clerk reports the official population of the City of Renton as of 4/1/2016 to
be 101,300, ranking eighth in the state by population size, as calculated by the State of
Washington Office of Financial Management.
None; Information Only
e) AB - 1722 City Clerk reports the results from the 7/5/2016 bid opening for CAG-16-105 -
Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2016; and submits
the staff recommendation to accept the lowest responsive bid submitted by Sierra Pacific
Construction, LLC., in the amount of $76,000.
Council Concur
f) AB - 1713 Administrative Services Department recommends approval of Addendum B to
the Carco Theatre Lease with Puget Sound Access (PSA) to waive the $2,500 per month
base rent for the period 1/1/2016 - 12/31/2018 and reimburse PSA for tenant
improvement costs incurred for the public broadcasting space, to allow PSA to continue
its dual roles as Lessee and manager/operator of the Carco Theatre.
Refer to Finance Committee
g) AB - 1704 Community & Economic Development Department recommends reviewing
consultant recommendations regarding potential revisions to the codes, rules, and
standards to incorporate and require Low Impact Development (LID) principle and
practices with the Planning Commission. Following this review, the Planning Commission
will present code revision recommendations to Council.
Refer to Planning Commission and Planning & Development Committee
h) AB - 1720 Community & Economic Development Department recommends adoption of an
ordinance granting a 10-year franchise agreement with T-Mobile West, LLC as a purveyor
of broadband telecommunication services within the City of Renton.
Refer to Utilities Committee
i) AB - 1706 Community Services Department recommends approving the Job Order
Contract (JOC) Work Order with Forma Construction Company, in the amount of
$208,135.05, to perform a complete roof restoration at City Hall.
Refer to Finance Committee
j) AB - 1705 Community Services Department recommends waiving approximately $20,000
in fees and charges associated with the 2016 Renton River Days Community Festival.
Refer to Finance Committee
k) AB - 1696 Human Resources / Risk Management Department recommends approval of
the Local 2170 Washington State Council of County and City Employees American
Federation of State, County and Municipal Employees (AFSCME) labor agreement for
2016-2018 and grant the same bonus and wage increases to all regular non-represented
employees that have been recommended for AFSCME.
Council Concur
l) AB - 1708 Human Resources / Risk Management Department recommends approval of
the 2016-2018 IAFF Local 864 Firefighters personnel labor agreement.
Council Concur
m) AB - 1711 Human Resources / Risk Management Department recommends approval of
the 2016-2018 IAFF Local 864 Battalion Chiefs personnel labor agreement.
Council Concur
n) AB - 1716 Police Department recommends approval of a Cost Reimbursement Agreement
with the King County Sheriff's Office to receive funds in the amount of $27,606.14 for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders.
Refer to Public Safety Committee
o) AB - 1710 Transportation Systems Division Department recommends approval to lease
Acyclica Products for the use of Bluetooth™ and Wi-Fi™ technology for the purpose of
collecting travel time and origin/destination data with a required initial expenditure of
$10,400 and annual maintenance expenditure of $5,000.
Refer to Transportation (Aviation) Committee
p) AB - 1712 Transportation Systems Division Department recommends approval of
Addendum 10-16 to LAG 011-85 and Addendum 15-16 to LAG 003-84 for the purpose of
extending the airport leases with Kaynan, Inc. until October 31, 2016.
Refer to Transportation (Aviation) Committee
q) AB - 1714 Utility Systems Division recommends approval of a 2016 Water Quality
Financial Assistance Grant Agreement with Washington State Department of Ecology to
accept $675,000 in grant funds for the design and construction of the Harrington Ave. NE
Green Connections Stormwater Retrofit Project - Phase II.
Refer to Utilities Committee
r) AB - 1715 Utility Systems Division recommends approval of a Professional Services
agreement with Murray, Smith & Associates, Inc. in the amount of $419,500 for the
Kennydale 320-Pressure Zone Reservoir Pre-Design Project; and approve the transfer of
$200,000 from the approved 2016 Capital Improvement Program Transmission Main
Replacement account to the project account.
Refer to Utilities Committee
s) AB - 1717 Utility Systems Division recommends approval of a professional services
agreement with Herrera Environmental Consultants, Inc. in the amount of $169,044 for
the Renton Stormwater Manual Update - Phase II Project.
Refer to Utilities Committee
9. 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: Vouchers; Advance Refunding of 2008 Water Sewer Refunding
Bonds*; New Job Order Contractors
b) Public Safety Committee: Justice Assistance Grant (JAG) Acceptance
c) Transportation Committee: Sunset Lane Supplemental Agreement with Perteet
10. LEGISLATION
Ordinance for first reading and advancement to second and final reading:
a) Advance Refunding of 2008 Water Sewer Refunding Bonds (See item 9.a.)
Ordinance(s) for second and final reading:
b) Sidewalk Maintenance & Construction (First reading 6/27/2016)
c) Adoption of 2015 Construction Codes (First reading 6/27/2016)
d) Rezone: 168 Development R-10 to R-14 (First reading 6/27/2016)
11. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
12. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
Council Chambers
July 11, 2016
Monday, 6:00 p.m.
Demonstration of Electronic Court Records System
King County Solid Waste Proposed Fee Increase
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
June 27, 2016 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, June 27, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ryan McIrvin
Armondo Pavone, President Pro-Tem
Ruth Pérez
Ed Prince
Carol Ann Witschi
Councilmembers Absent:
Randy Corman
Don Persson
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL EXCUSE ABSENT
COUNCILMEMBERS RANDY CORMAN AND DON PERSSON. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Preeti Shridhar, Deputy Public Affairs Administrator
Alex Tuttle, Assistant City Attorney
Jason A. Seth, City Clerk
Gregg Zimmerman, Public Works Administrator
Iwen Wang, Administrative Services Administrator
Cliff Long, Economic Development Director
Commander Tracy Wilkinson, Police Department
PROCLAMATION
Boeing 100th Anniversary - July 15, 2016: A proclamation by Mayor Law was read
proclaiming July 15, 2016 to be Boeing 100th Anniversary Day in the City of Renton, and
Boeing was commended for its contributions to the Renton community and the City wishes
the company success in the next 100 years. Boeing Company's Vice President of Fuel
Operations Eric Nelson, accepted the proclamation with thanks and provided a brief overview
of Boeing's achievements over the last 100 years.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
AGENDA ITEM #8. a)
June 27, 2016 REGULAR COUNCIL MEETING MINUTES
SPECIAL PRESENTATION
Renton Rowing Club: Community Services Administrator Kelly Beymer introduced Matthew
Lacey who delivered a presentation regarding the Renton Rowing Center. He provided details
about recent activities and opportunities the center has offered over the past two years.
ADMINISTRATIVE REPORT
Deputy Public Affairs Administrator Preeti Shridhar reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were regarding:
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. At the request
of Councilmember Prince, Consent Agenda item 7.c. was pulled for separate consideration.
a) Approval of Council Meeting minutes of June 20, 2016. Council Concur.
b) AB - 1703 Mayor Law appointed Aaron Blalack to the Municipal Arts Commission with a term
expiring on 12/31/2019. Refer to Community Services Committee.
d) AB - 1699 City Clerk reported the results from the 6/15/2016 bid opening for CAG-16-049 -
Sunset Lane NE Improvements Project; and submitted the staff recommendation to accept
the lowest responsive bid submitted by Road Construction Northwest, Inc., in the amount of
$4,704,215.56. Council Concur.
e) AB - 1707 Administrative Services Department recommended approving an ordinance
allowing for a refinancing plan that will issue approximately $8.26 million of new bonds
together with $1.13 million in issue premium to replace the existing $8.8 million bonds
through private placement. Refer to Finance Committee.
f) AB - 1701 Community Services Department recommended awarding a two-year Job Order
Contract (JOC) to the two top evaluated firms, Forma Construction and Sayber Contractors,
for small public works contracts (under $350,000) as authorized by Resolution #4177. Refer to
Finance Committee.
g) AB - 1700 Police Department recommended approval of the 2016 Edward Byrne Memorial
Justice Assistance Grant (JAG) in order to accept funds in the amount of $24,086.73 to help
fund the Domestic Violence Advocacy Assistance Program. Refer to Public Safety Committee.
h) AB - 1691 Transportation Systems Division recommended approval of Addendum No. 4 to
CAG-15-046 with Perteet, Inc., in the amount of $583,059, for the Sunset Ln. and NE 10th St.
Roadway Improvements Project. Refer to Transportation (Aviation) Committee.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA MINUS ITEM 7.C. CARRIED.
AGENDA ITEM #8. a)
June 27, 2016 REGULAR COUNCIL MEETING MINUTES
ITEM 7.C. - SEPARATE CONSIDERATION
c) AB - 1702 Mayor Law appointed the following individuals to the Benson Hill Community Plan
Advisory Board: Tracey Zelenka, Keith Hoag, and Charles Seil for terms expiring on 8/1/2021;
Lila Wheatley and Carol Whitson for terms expiring on 8/1/2019; and George Houston,
Virginia Brokx, Andy Pierce, Alan Brittenham, Joel Osborn, and Cynthia Burns for terms
expiring on 8/1/2017. Refer to Planning & Development Committee. Council Concur.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEM 7.C. AS COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINESS
a) Finance Committee Vice-Chair Pavone presented a report recommending approval for payment
on June 27, 2016 claims vouchers 347699 - 348115, nine wire transfers and one payroll run with
benefit withholding payments totaling $7,054,291.47 and payroll vouchers including 761 direct
deposits and 76 payroll checks totaling $1,656,982.94.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve an amendment in the 2015/2016 Budget appropriations in the
amount of $1,962,841 with the total amended budget to be $686,112,086 for the biennium. The
Committee further recommended that the ordinance regarding this matter be presented for first
reading and advancement to second reading and adoption.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to authorize the Mayor and City Clerk to execute the five-year contract
with Reliance Communications for $91,000.00, with an annual Software-as-a-Service fee of
$15,900.00 for years two through five.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to waive parking fees in the City Center Parking Garage for volunteer
workers laboring at Return to Renton Benefit Car Show. This waiver is equivalent to $300.00 in
parking fees.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Planning & Development Committee Chair Prince presented a report recommending
concurrence in the staff recommendation to amend Chapter 9-8, Sidewalk Construction, to
formalize practices and policies of the Public Works Department with respect to the process by
which sidewalk is constructed or repaired, responsibility of improvements, and indemnification
from injuries/damage resulting from hazardous conditions. The Committee further
recommended that an ordinance regarding this matter be presented for first reading.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #8. a)
June 27, 2016 REGULAR COUNCIL MEETING MINUTES
f) Planning & Development Committee Chair Prince presented a report recommending
concurrence in the staff recommendation to amend the Renton Municipal Code that adopts the
2015 Construction Codes. This will allow the City to utilize the same Code as adopted by the
State of Washington. Changes proposed to the construction codes were limited to those
deemed necessary to provide conformity with the updated code editions or for clarification
purposes. Changes made to the administrative provisions were to remain consistent with Model
Codes and amendments and with the regional administrative code of cities participating within
MyBuildingpermit.com. The Committee further recommended that an ordinance regarding this
matter be presented for first reading.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
g) Planning & Development Committee Chair Prince presented a report recommending
concurrence with the Hearing Examiner’s recommendation to approve a rezone, 4-lot short plat,
site plan review, and two street waivers/modifications for the construction of three new
townhomes with two dwelling units in each for 168 Development (LUA15-000745). The City
Council has final reviewing authority over Type IV land use permits (RMC 4-8-080G). This site
specific rezone is not associated with a Comprehensive Plan amendment. The proposed rezone,
preliminary short plat, site plan and 108 Ave SE street standard waivers/modifications are all
consistent with applicable code criteria subject to 15 conditions of approval.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5809: An ordinance was read repealing Chapter 8, Sidewalk Construction, of
Title IX (Public Ways and Property) of the Renton Municipal Code, and replacing it with a new
Chapter 9-8, “Sidewalk Maintenance and Construction.”
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
b) Ordinance No. 5810: An ordinance was read amending sections 4-5-020, 4-5-050, 4-5-051, 4-
5-055, 4-5-055, 4-5-060, 4-5-090, 4-5-100, 4-5-110, and 4-5-130 of Chapter 5, Building and
Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, adopting by reference and amending the most recent editions of State, National,
Uniform, and International Codes and amending the Construction Administrative Code.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
c) Ordinance No. 5811: An ordinance was read changing the zoning classification of certain
property within the City of Renton (King County parcel no. 863710-0440; tract f of threshold
1) from Residential-Ten Units Per Net Acre (r-10), to Residential-Fourteen Units Per Net Acre
(r-14) (file no. LUA-15-000745, ECF, SHPL-A, SA-A, R, MOD, MOD).
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #8. a)
June 27, 2016 REGULAR COUNCIL MEETING MINUTES
Ordinance for first reading and advancement to second and final reading:
d) Ordinance No. 5808: An ordinance was read amending the City of Renton Fiscal Years
2015/2016 Biennial Budget as adopted by Ordinance No. 5737 and thereafter amended by
Ordinance Nos. 5755, 5764, 5777 and 5789, in the amount of $1,962,841.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING. CARRIED.
Following a second reading, it was:
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
Ordinance for second and final reading:
e) Ordinance No. 5807: An ordinance was read granting unto Sprint Communications Company
L.P. authorized to do business within the State of Washington, its affiliates, successors and
assigns, the right, privilege, authority and master permit to install communications facilities
under, along, over, below and through and across the streets, avenues and alleys of the City
of Renton within the public right-of-way of Renton.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
It was requested that Council add a meeting to the Council Calendar for August 15, 2016,
allowing for one additional regular meeting during the month of August.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR. CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED. TIME 7:41
P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, June 27, 2016
AGENDA ITEM #8. a)
Council Committee Meeting Calendar
June 27, 2016
July 4, 2016
Monday
NO MEETINGS Independence Day – City Holiday
July 11, 2016
Monday
4:00 PM Transportation Committee, Chair Pérez – Council Conference Room
1. Sunset Lane Supplemental Agreement with Perteet
2. ST3 Update
3. Emerging Issues in Transportation
4:30 PM Public Safety Committee, Chair Pavone – Council Conference Room
1. Justice Assistance Grant (JAG) Acceptance
2. Emerging Issues in Public Safety
5:00 PM Finance Committee, Vice Chair Pavone – Council Conference Room
1. Vouchers
2. Advance Refunding of 2008 Water Sewer Refunding Bonds
3. New Job Order Contractors
4. Legislative Budget Briefing
5. Emerging Issues in Revenue Streams
6:00 PM Committee of the Whole, Vice Chair Pavone – Council Chambers
1. Demonstration of Electronic Court Records System
2. King County Solid Waste Proposed Fee Increase
AGENDA ITEM #8. a)
AB - 1718
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Appeal of Hearing Examiner's Final Decision dated 5/24/2016
regarding the Avana Ridge PUD. (File No. LUA-15-000894)
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Appeal of the Hearing Examiner’s Final Decision on the Avana Ridge PUD (File No. LUA-15-000894) was filed on
6/7/2016 by Dan Palmer, accompanied by the required $250.00 fee.
EXHIBITS:
A. Response Letters (Supporting & Denying) (Dan Russell & Brent Carson)
B. City Clerk’s letter (6/14/2016)
C. Appeal – Dan Palmer (6/7/2016)
D. HEX’s Final Decision (5/24/2016)
E. Staff Report (5/10/2016)
F. Exhibit 4 – Elevations
G. Exhibit 3 – Landscape Plan
H. Exhibit 2 – Site Plan
I. ERC Report (4/11/2016)
J. SEPA Determination & Mitigation Measures
STAFF RECOMMENDATION:
Take action on the Avana Ridge PUD Appeal.
AGENDA ITEM #8. b)
lason Seth t
From: Dan Russell <dre98055@comcast.net> C T``{J 'ENTG1
Sent: Thursday,lune 23, 2016 912 AM
To: lasan Seth
Subject: Avana C 6V C
6;1'Y LERK'S O FtCE
My cancerns cover an already troubling prablem. The traffic congestion on 108th at the light on New Benson. Back ups
are due to the traffic on New Benson that fails to let cars on 108th turn left. i personaily have sat through 4 light
changes fram 172nd trying to turn left. The right turn onto 108th from 172nd is many times difficuit as traffic biocks the
intersection onta 108th Making a left hand turn during high traffic is extremely dangerous already as there is no
uisibility because of the mass af cars lined up. Your proposa!to change 108th daes not not address the intersection at
the light.
The right hand lane coming from Avana onto 108th will merely cause additional risk and congestion far right turn
participants unless there is a right hand turn specific lane.
Can't you create a right hand lane out of Avana onto New Benson along with the change af lanes turning left. Thus one
dedicated lane turning left,one lane turning left or right and ane lane turning right only.
I trust you wi{I monitar this situation and measure the already existing problem during peak traffic times prior to making
your decision.
I am sure failure ta da this will result in harm to people who will be using this street regularly. I for one do not care to
be responsible for this sa I am asking you ta da your due diligence. I for one will do all that I can to prepare for the
eventuality af this event.
Thank you far your consideration.
Dan Russell
702 340 6939
10717 se 172nd
Renton, Wa 98055
1
AGENDA ITEM #8. b)
CITY OF RENTON
JUN 16 2016 '
RECEIVED
1 CITY CLERK'S OFFIGE
2
w Q. v"``'``,...`,
3
4
5
6
7 BEFORE THE CITY COUNCIL FOR THE CITY OF RENTON
8
RE: AVANA RIDGE PUD
9 APPLICANT'S RESPONSE TO DAN
Preliminary Planned Urban PALMER'S APPEAL OF THE
10 Development HEARING EXAMINER'S FINAL
DECISION ON THE AVANA
11 LUA-15-000894 RIDGE PUD
12
13
14 Pursuant to Renton Municipal Code (RMC) 4-8-110(F)(3), the Applicant for the
15 Avana Ridge PUD, Avana Ridge LLC (the "Applicant"), by and through its legal counsel,
16 Brent Carson of Van Ness Feldman, LLP, files this response to the appeal filed by Dan
17 Palmer ("Mr. Palmer") on June 7, 2016 (the "Appeal") challenging the Hearing
18 Examiner's ("Hearing Examiner" or `Bxaminer") Final Decision' approving the Avana
19 Ridge Preliminary Planned Urban Development (the "Project"). For the reasons stated
20 below, the Appeal should be summarily dismissed, or if it is considered on its merits, the
21 Appeal should be denied and the Final Decision should be affirmed.
22
23
24
25 ' Hearing Examiner's Final Decision, LUA 15-000894, PP, PPUD ("Final Decision").
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD- 1 Feldman «P
719 Second Avenue Suite 1150
59230-
ORIGINAL 206)I623-
g372104
AGENDA ITEM #8. b)
1
I. The Appeal should be Dismissed Summarilv because it Fails to Meet the
2 Standards for Filing An Appeal.
3 The Appeal filed by Mr. Palmer fails to meet the standards established by the City
4 Council for filing a land use appeal under RMC Section 4-8-110. RMC 4-8-110(C)(3)
5 states:
6
3. Required Form for and Content of Appeals. Any appeal shall be filed
in writing. The written notice of appeal shall fullv. clearlv and thorou hlv
specifv the substantial error(s) in fact or law which exist in the record of
g the proceedings from which the appellant seeks relief(emphasis added).
9 This code provision is not a suggestion. It is a procedural requirement of the City Code.
10 As noted in the introductory paragraph of this code section:
11 A. SCOPE AND PURPOSE:
12 This Section provides the basic procedures for processin,all tvpes of land
13 use and development-related appeals. Specific reAuirements are based
upon the type/level of appeal and the appeal authority. Procedures for the
14 following types of appeals are included in this Section:
15 RMC 4-8-110(A).
16 Mr. Palmer has failed to comply with this fundamental procedural requirement.
1 His Appeal alleges not one specific error. Mr. Palmer's Appeal cites to no facts in the
1 g record to support a claim that the Final Decision contains substantial errors. He presents
19 no claims of legal errors by the Hearing Examiner. His Appeal simply agees that the
20 Project has a"good design," then expresses various "concerns" about the Project. Not one
21 of these "concerns" points to any factual or legal errors in the Final Decision, let alone
22 "fully, clearly and thoroughly specify the substantial error(s) in fact or law" as required by
23 City Code.
24 There was ample opportunity in both the public comment period for SEPA review
25 and in the public hearing before the Hearing Examiner for members of the public,
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-2 Feldman «P
719 Second Avenue Suite 1150
69230-7 Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 including Mr. Palmer, to raise concerns about the Project. The record for stating concerns
2 has closed. An appeal to the City Council is for the purpose of a party of recard to allege,
3 then prove, that the Hearing Examiner made substantial errors in fact or law that would
4 require the City Council to reverse or modify the Final Decision.
5 Here, the Appeal has failed to do anything more than restate concerns. Without
6 meeting the fundamental requirement for a land use appeal to allege specific errors, there
7 is no basis for the City Council to assess whether to grant or deny the Appeal on its merits.
8 Based on Mr. Palmer's failure to allege any substantive errors in fact or law in the
9 Final Decision, the City Council should summarily dismiss the Appeal.
10 II. Even if the Citv Council Chooses to Consider the Merits of the Appeal, the
Aopeal should nonetheless be Denied and the Council should Affirm the Hearin
11 Examiner's Final Decision.
12 If the City Council does not summarily dismiss the Appeal for failing to identify
13 any substantive errors, we ask the City Council to deny the Appeal on its merits. The
14 record before the Hearing Examiner demonstrates that the Final Decision is fully
15 supported by substantial evidence and is consistent with applicable law. None of the
16 "concerns" expressed by Mr. Palmer rise to a reversible error.
17 Each of the paragraphs below address the individual "concerns" expressed by
18 Mr. Palmer in his Appeal and demonstrates why Mr. Palmer has failed to meet his burden
19 to prove substantial errors in fact or law.Z
20 Concern 1: Increase in traffic to neighborhoods, specifically north of the site
21 The Appeal states a concern that the Project will increase traffic to neighborhoods
22 to the north. However, the Appeal fails to allege any error in this regard.
23
24
25 z The burden of proof rests with the appellant. RMC 4-8-11(F)(5).
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-3 Feldman LLP
719 Second Avenue Suite 1150
69230-7 Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 The record establishes that the Project will add 5 PM peak-hour trips and 4 AM
2 peak-hour trips through the single-family neighborhood to the north. Traffic Impact
3 Analysis (TIA) Prepared by TraffEx, February 2, 2016 (Exhibit 15). The Hearing
4 Examiner found that this level of traffic was minimal, that the TIA adequately addressed
5 impacts from this traffic and that the mitigation imposed through the SEPA condition to
6 address this increased traffic was sufficient. The Final Decision states:
7 A major concern of the neighbors was traffic impacts to 106 Ave SE, 104 Ave
SE and 105 Ave SE. In uncontested testimony, several neighbors testified that
8 these roads are isolated, currently accommodate a minimal amount of traffic
Although a review of the surrounding road network shows that persons
9 may very well choose to drive through 105/104/106 to avoid the Benson/SR
SI S intersection as well as other traffic problems in the area, the applicant's
10 traffic analysis reveals that the project will only add five PMpeak hour trips
and four AM peak hour trips into the 105/104/106 roads. The applicant's
11 traffic analysis was verified by peer review. Given the expert traffic analysis
prepared by the applicant and the independent expert verification conducted
12 under the peer review, the applicant's traffic analysis is taken as a verity
given the absence of any expert testimony to the contrary. With only a
13 maximum offive additional trips per hour generated by the proposal, there is
no basis to require more than the speed radar signs required by the SEPA
14 mitigation measures.
15 Final Decision, pp. 9-10.
16 The Appeal cites to no error in these findings by the Hearing Examiner.
17 Moreover, as noted by the Hearing Examiner, no expert testimony was presented at the
18 hearing to contradict the expert traffic report prepared for the Applicant by TraffEx. The
19 Final Decision addresses this concern and should be affirmed.
20
Concern 2: Existing congesdon on Benson Road, including a blind curve
21 condition, and Adequacy of 106th and 104th for through traffic
22 The City of Renton ("City") received public comments and the Hearing Examiner
23 heard testimony regarding existing southbound queuing at the intersection of Benson
24 Road South and SR 515. The Hearing Examiner found that the TIA adequately analyzed
25 the potential impacts at the Benson Road S/515 intersection. Final Decision, p. 10. This
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-4 Feldman LLP
719 Second Avenue Suite 1150
69230-7 Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 was also addressed by the Examiner in Condition 27, which requires the rechannelization
2 of the left- and right-turn southbound lanes from Benson Road South to SR 515, to one
3 left-turn lane and one combined left-turn/right-turn lane, as well as signal improvements
4 to accommodate the rechannelization. The Examiner found that with these improvements
5 in place, the queue lengths would be reduced to below pre-development conditions.
6 As noted above, regarding Concern 1, the Hearing Examiner found that traffic
7 from the Project filtering north along 105/104/106th Avenues was adequately addressed in
8 the TIA and would be minimal. The TIA was independently peer reviewed by a traffic
9 consultant selected by the City, who concurred with the TIA's analyses. Memorandum
10 from Michael Read, PE, Principal, TENW, March 21, 2016. Exhibit 17. The Appeal cites
11 to no testimony rebutting these findings or establishing errors with the Final Decision on
12 this point.
13 The impacts from the Project, with the mitigation measures in place, will either be
14 better than pre-Project conditions (reduced queues) or de minimis (less than ten (10) total
15 trips in the peak travel hours)). This Appeal issue should be rejected and the Final
16 Decision on this issue should be affirmed.
17 Concern 3: Entry onto Benson Roadfrom the Project entrance
18 Mr. Palmer is concerned that the Benson Road entry to the Project is dangerous
19 but cites to no evidence in the record to support this concern or to establish any substantial
20 error by the Hearing Examiner on this point.
21 The Project site entrance as analyzed in the TIA aligns with
lOBth Avenue SE and
22 is supported by adequate sight distance. Exhibit 15, p. 4. As noted above, the TIA was
23 peer-reviewed and no expert testimony was introduced in the record to refute this
24 conclusion. The Hearing Examiner properly concluded that sight distance requirements
25 are met at both site entrance driveways. Final Decision, p. 9. No finding of a threat to
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-5 Feldman LLP
719 Second Avenue Suite 1150
69230-7 Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 public safety or traffic safety was found in the SEPA determination or in the Hearing
2 Examiner's record.
3 This Appeal issue should be rejected and the Final Decision on this point should
4 be affirmed.
5 Concern 4: Radar signage and speed bumps are not adequate mitigation
6 Mr. Palmer is concerned that the SEPA condition requiring radar signage and
7 speed bumps to slow traffic will not affect congestion in the neighborhood north of the
8 Project site. However, as noted above, there is no basis in the record to establish that the
9 Project will create congestion on these streets.
10 The record demonstrates that there is very little existing traffic on these residential
11 streets and that the Project will add only 15 additional PM peak-hour trips and 14
12 additional AM peak-hour trips north on
108th Ave SE and only 5 PM peak-hour and 4 AM
13 peak-hour trips along SE 172"d west of the site. Exhibit 15, Figs. 3 and 4. Mr. Palmer has
14 pointed to no testimony to contradict the Hearing Examiner's findings with regard to
15 congestion and the adequacy of the SEPA condition to help slow traffic along this
16 residential street.
17 This Appeal issue should be rejected and the Final Decision on this point should
18 be affirmed.
19 Concern 5: The need for an on-site traffic study
20 Mr. Palmer states as a concern that an onsite traffic study is required. However, as
21 noted repeatedly in the Final Decision, the Applicant hired a traffic expert to prepare a
22 detailed Traffic Impact Assessment (TIA) which was submitted into the record.
23 Exhibit 15. This TIA was peer reviewed by TENW, a third-party traffic engineer hired by
24 the City, who agreed with the conclusions reached by TraffEx. Exhibit 17. Mr. Palmer
25 has failed to show any error on this point.
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-6 Feldman «P
719 Second Avenue Suite 1150
69230-7 Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 Concern 6: Air pollution
2 Mr. Palmer alleges that air impacts could occur as a result of the Project but fails
3 to show any substantial error in the Final Decision on this issue.
4 Potential environmental impacts were fully disclosed to the City during the SEPA
5 review process. The Environmental Review Committee (ERC) considered those impacts
6 and issued a Determination of Non-Significance Mitigated (DNSM) on April 11, 2016.
7 Exhibit 20. No significant adverse impacts to air quality or any other element of the
8 environment were identified. No party filed an appeal of the SEPA determination. By
9 failing to appeal the DNSM, the conclusions reached by the ERC are final and cannot be
10 challenged in this Appeal.
11 Moreover, concerns regarding air pollution are procedurally beyond the scope of
12 the PUD. The criteria for approval of a Planned Urban Development do not include
13 consideration of potential air pollution from traffic.
14 Nonetheless, the Hearing Examiner did consider concerns expressed about air
15 pollution from traffic and concluded that the Project would not cause air pollution. The
16 Final Decision notes that "one neighbor testified that he was concerned that pollution
17 caused by increased project traffic would exacerbate the respiratory problems of some
18 neighbors living close to the project site." Final Decision, p. 12. The Final Decision also
19 confirms that this neighbor testified that there was currently no vehicle pollution in this
20 neighborhood. Final Decision, p 4. No expert testimony was ever introduced regarding
21 air pollution impacts from the Project. Based on this record, the Hearing Examiner
22 correctly found that "[w]ithout any scientific evidence to substantiate this assertion
23 [concerning air pollution from traffic], there is insufficient evidence to reasonably
24 conclude that the relatively modest traffic generated by the proposal would exacerbate
25 respiratory problems." Final Decision, p. 12.
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-7 Feldman «P
69230-7
719 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 This concern should be rejected and the Final Decision on this point should be
2 affirmed.
3 Concern 7 Compatibility of the architecture
4 Mr. Palmer alleges that the north side of the Project is architecturally incompatible
5 with the neighborhood. However, Mr. Palmer has pointed to no substantial errors in the
6 Hearing Examiner's findings on this issue.
7 The Hearing Examiner carefully considered the documents presented by the
8 Applicant's expert architect and by the City's planning staff that reviewed the Project's
9 design (Exhibit 19) and found that it complied with all applicable design standards. Final
10 Decision, p. 12. Specifically, the Hearing Examiner found that the "(t)he project is
11 compatible with surrounding development." Id. The Examiner also describes the
12 measures that the Applicant took to ensure that the Project complies with the Design
13 District B standards that also apply to the Project site. Id. The Examiner found that in the
14 public comment and testimony, "no one has suggested that staf s finding of compliance
15 with these standards was in error."
16 Once again, Mr. Palmer has cited to no testimony rebutting the Examiner's
17 findings or alleging errors in compliance with any specific design review criteria. This
18 concern should be rejected and the Final Decision on this point should be affirmed.
19 III. Conclusion.
20 The City Code requires that every land use appeal must state, with specificity,
21 errors in fact or law in the decision being challenged. The Appeal states concerns but fails
22 to allege any errors. Based on the Appellant's failure to meet this procedural requirement,
23 the Appeal should be summarily dismissed.
24 Even if the Appeal is considered on its merits, it should be denied because
25 Mr. Palmer has failed to meet his burden to prove substantial errors in fact or law in the
APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-8 Feldman «P
69230-7
719 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 Hearing Examiner's Final Decision. Council's consideration of this Appeal must be based
2 solely on the record, the Hearing Examiner's Report, the notice of appeal and arguments
3 based on the record. There was ample opportunity provided in both the public comment
4 period for SEPA review and during the public hearing before the Hearing Examiner for
5 members of the public to build a record in support of their positions. Based upon the
6 record, the Hearing Examiner reached appropriate findings and conclusions in approving
7 this Project. Mr. Palmer has failed to show, for any of his concerns, that the Hearing
8 Examiner erred. For this reason, the Appeal should be denied.
9
10 Dated this 16th day of June, 2016.
11
12
VAN NESS FELDMAN
13
14
15 Brent Carson, WSBA#16240
16
719 Second Avenue, Suite 1150
Seattle, WA 98104
1
Tel: (206) 623-9372
Fax: (206) 623-4986
1 g
E-mail: brc(a vnf.com
Attorney for Avana Ridge LLC
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APPLICANT'S RESPONSE TO DAN PALMER'S APPEAL OF Van Ness
THE HEARING EXAMINER'S FINAL DECISION ON THE
AVANA RIDGE PUD-9 Feldman LLP
719 Second Avenue Suite 1150
69230-7 Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 CERTIFICATE OF SERVICE
2 I, Jennifer Hicok, declare as follows:
3 That I am over the age of 18 years, not a party to this action, and competent to be a
4 witness herein;
5 That I, as a legal assistant in the office of Van Ness Feldman LLP, caused true and
6 correct copies of the following documents to be delivered as set forth below:
7 1. Applicant's Response to Dan Palmer's Appeal of the Hearing Examiner's
Final Decision on the Avana Ridge PUD; and this;
8 2. Certificate of Service;
9 and that on June 16, 2016, I addressed said documents and deposited them for delivery as
10 follows:
11 ORIGINAL: By U.S. Mail
City of Renton By Legal Messenger
12 City Clerk's Office By Email:
13 1055 South Grady Way, Seventh Floor
Renton, WA 98057
14
COPY: By U.S. Mail
15 Lawrence J. Warren By Legal Messenger
Renton City Attorney By Email:
16 City of Renton LWarren(a Rentonwa.gov
1 1055 South Grady Way
Renton, WA 98057
18
COPY: By U.S. Mail
19 Rocale Timmons By Legal Messenger
Senior Planner By Email:
20 City of Renton Department of Community& RTimmons(a),Rentonwa.ov
21 Economic Development
1055 South Grady Way
22 Renton, WA 98057
23 COPY: By U.S. Mail
Dan Palmer By Legal Messenger
24 16638 106th Street By Email:
25 Renton, WA 98059
CERTIFICATE OF SERVICE- 10 Van Ness
Feldman «P
69230-7
719 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 I certify under penalty of perjury under the laws of the State of Washington that
2 the foregoing is true and correct.
3 EXECUTED at Seattle, Washington on this 16th day of June, 2016.
4
5 i nn r ,Y /(V Cc
Jennifer'Hicok,G eclarant
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CERTIFICATE OF SERVICE- 11 Van Ness
Feldman LLP
719 Second Avenue Suite 1150
69230J Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
Cl7Y OF RENTOfV p,y.
r 1'' f
1 JUN 2 9 2016
G"2 RECEIVED ,4
CITY CLERK'S OFFICE
3
4
5
6
7 BEFORE THE CITY COUNCIL FOR THE CITY OF RENTON
8
RE: Appeal by Dan Palmer of
9 APPLICANT'S NOTICE OF
AVANA RIDGE PUD APPEARANCE
10
Preliminary Planned Urban
11 Development
12 LUA-15-000894
13
14 TO: City Clerk, City of Renton
15 AND TO: Lawrence J. Warren, Renton City Attorney
16 AND TO: Rocale Timmons, City of Renton Senior Planner
1 AND TO: Dan Palmer
18
19 YOU WILL PLEASE TAKE NOTICE that Brent Carson, Van Ness Feldman
20 LLP, does hereby appear in the above-captioned matter on behalf of the Applicant, Avana
21 Ridge PUD, Avana Ridge LLC. The undersigned attorney requests that all papers and
22 pleadings herein be served at the address stated below:
23 Brent Carson
Van Ness Feldman LLP
24 719 Second Avenue, Suite 1150
Seattle, WA 98104
25
APPLICANT'S NOTICE OF APPEARANCE- 1 Van Ness
Feldman
69a 3-t ORIGINAL 19 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 Dated this 29th day of June, 2016.
2
3 VAN NESS FELDMAN LLP
4
5
B e C son, WSBA#16240
6 7 9 Second Avenue, Suite 1150
Seattle, WA 98104
Tel: (206) 623-9372
Fax: (206) 623-4986
g E-mail: brc(a,vnf.com
9
Attorney for Avana Ridge LLC
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APPLICANT'S NOTICE OF APPEt RANCE-2 Van Ness
Feldman LLP
69473-1
719 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 CERTIFICATE OF SERVICE
2 I, Jennifer Hicok, declare as follows:
3 That I am over the age of 18 years, not a party to this action, and competent to be a
4 witness herein;
5 That I, as a legal assistant in the office of Van Ness Feldman LLP, caused true and
6 correct copies of the following documents to be delivered as set forth below:
7 1. Applicant's Notice of Appearance; and this
2. Certificate of Service;
8
and that on June 29, 2016, I addressed said documents and deposited them for delivery as
9
follows:
10
ORIGINAL: By U.S. Mail
11 Jason A. Seth, CMC By Legal Messenger
City Clerk By Email:
12 City of Renton
13 City Clerk's Office
1055 South Grady Way, Seventh Floor
14 Renton, WA 98057
15 COPY: By U.S. Mail
Lawrence J. Warren By Legal Messenger
16 Renton City Attorney By Email:
City of Renton LWarren(a Rentonwa.ov
17 1055 South Grady Way
Renton, WA 98057
18
COPY: By U.S. Mail
19 Rocale Timmons By Legal Messenger
20
Senior Planner By Email:
City of Renton Department of Community& RTimmons(cr,Rentonwa.ov
21 Economic Development
1055 South Grady Way
22 Renton, WA 98057
23 COPY: By U.S. Mail
Dan Palmer By Legal Messenger
24 16638 106th Street By Email:
Renton, WA 98059
25
CERTIFICATE OF SERVICE-3 Van Ness
Feldman uP
59a 3-t
719 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
1 I certify under penalty of perjury under the laws of the State of Washington that
2 the foregoing is true and correct.
3 EXECUTED at Seattle, Washington on this 29th day of June, 2016.
4
L/Q5 nn f
Jenni r Hicok, l eclarant
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CERTIFICATE OF SERVICE-4 Van Ness
Feldman uP
69473-1
719 Second Avenue Suite 1150
Seattle, WA 98104
206) 623-9372
AGENDA ITEM #8. b)
Denis Law Clt OfMayory
v
AY
pN
City Clerk -Jason A.Seth,CMC
lune 14, 2016
APPEAL FILED BY: Dan Palmer
RE: Appeal of Hearing Examiner's decision dated May 24, 2016, regarding Avana Ridge PUD.
File No. LUA-15-000894 PP, PPPUD)
To Parties of Record:
Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing
examiner's decision on the Avana Ridge PUD has been filed with the City Clerk.
In accordance with Renton Municipal Code Section 4-8-110F, within five days of receipt of the
notice of appeal, or after all appeal periods with the Hearing Examiner have expired, the City
Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may
submit letters limited to support of their positions regarding the appeal within ten (10) days of
the date of mailing of this notification. The deadline for submission of additional letters is by
5:00 p.m., Fridav.June 24, 2016.
NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be
reviewed by the Council's Planning and Development Committee at 3:00 p.m. on Thursdav.Julv
28. 2016, in the Council Chambers, 7th Floor of Renton City Hall, 1055 South Grady Way,
Renton, Washington 98057. The recommendation of the Committee will be presented for
consideration by the full Council at a subsequent Council meeting.
Copy of the appeal and the Renton Municipal Code regarding appeal of Hearing Examiner
decisions or recommendations is attached. Please note that the City Council will be considering
the merits of the appeal based upon the written record previously established. Unless a
showing can be made that additional evidence could not reasonably have been available at the
prior hearing held by the Hearing Examiner, no further evidence or testimonv on this matter
will be accepted by the City Council.
1055 South Grady Way• Renton,Washington 98057•(425)430-6510/Fax(425)430-6516•rentonwa.gov
AGENDA ITEM #8. b)
For additional information or assistance, please call Jason Seth, City Clerk, at 425-430-6510.
Sincerely,
as n A. Seth, CMC
City Clerk
Please note that if you signed up ro be a Party of Record for this matter you are receiving a
copy of this letter as a courtesy.
Attachments
cc: Hearing Examiner
Rocale Timmons,Senior Planner
Jennifer Henning, Planning Director
Vanessa Dolbee,Current Planning Manager
Brianne Bannwarth, Development Engineering Manager
Craig eurnell,Building Official
Sabrina Mirante,Secretary, Planning Division
Ed Prince,City Councilmember
Julia Medzegian,City Council liaison
lustin Lagers,Avana Ridge LLC,Contact
Parties of Record(25)
AGENDA ITEM #8. b)
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AGENDA ITEM #8. b)
1
2
3
4
5
6
7
8 BEFORE THE HEARING EXAMINER FUR THE CITY OF RENTON
9
10
RE; Avana Ridge PUD
FINAL DECISION
l i Preliminary Planned [Jrban
Development
12
13
U``-QQ 4, PP, PPUD
i4
SUM IARI'
15
16 The appGcant proposes a preliminary pianned urban development far the construction of two multi-
family buildings on a 3.8 acre parcet for a totat of 74 dwetling units. The applicant seeks PUD
17 approval in order to vary from a number of zoning cade standards, incIuding an increase in allowed
building and retaining wall height, a reduction in required roof pitch, a decrease in required parking
18 and a decrease in required private open space. The PUD is approved subject to conditions.
19 TESTIMOI Y
20
Note: The f'ollox ing is a sumnzafy o,f'testimony pravic ec,f'or the con enienee of the reac er only and
3 shorrld not be construed as containitzg any findings of fact r r conclarsions of law. The focus upon ar
exclusion o,f'rr ry=particZrlar testirnony or hearing e lic ence in thrs szcmtnafy is not reflective .f'the
22 priority r r rob ztrve ct nteni of any c rticular hearin evrdc nce nnd no crssarr anee is made czs to
23 uccuracy.
Rocale Timmons, senior City of Renton ptanner, summarized the proposal. She noted that
recommended Conditions 14 and 15 of the staff repart, requiring dedications far (ight fiYtures, was in
25 error as there is sufficient space praposed for the lights. The two conditions shoulct be stricken. In
response to eYaminer questions, Ms. Timmans noted that property to the east is zoned Residerrtial 8.
2' She also noted that there has been no indication that the proposal would impair any views. Traffic
PRELIMINARY PLANNED LIRBAN DEVELOPMENT"- 1
AGENDA ITEM #8. b)
4
1 calming features were considered for access roads and in staff s opinion the proposed speed radar
signs were sufficient to contral speeds. There is no public trail system close by. Sidewalk
improvements are required for the intersection of 172°d and Bensan Rd. S. in order to assure safe
walking conditions to school bus stops and continuous sidewalk connections to the surrounding
sidewaik network.
4
Rohini Nair, City of Renton traffic engineer, noted that queuing issues an Bensan Road South and
S Bensan Drive South was a major neighborhood concern. The City had the applicant's traffic engineer
madel queuing and from this it was found that new turning restrictions proposed for the project would
reduce current queuing off of Bensan Road South. A new condition of approval will be submitted by
staff to require the new turn restrictions. Regarding speeding on 104 and106, it is staffs opinian that
the radar speed si ns wiil adequateiy address the problem.
Brian Patdar, project architect, noted that as a resuit of project rnodifications necessitated by permit
review the applicant needs ta request a minor increase in the proposed height from 8' 3" floar ta
p ceiling ta an 8' 6°' floor to ceiling to accornmodate ventilation systems. The east buiiding will stiIt be
under the 40 foot Iimit. The west building will need to be increased in height 1.6 feet for a total of
1 41.6 feet. No changes are proposed to the raof line. The PUD pracess enables the appticant to
2
preserve a lot of an-site vegetation and other natural features. There will be no view impacts since
existing trees are up to 60 feet high, talier than the propased buildings. Any existing territorial views
13 r''ould be ta the west and would be unaffected by the proposai. In response to examiner questions,
there currently is no on-street parking on SE 172°d St. Mr. Paldar a[so noted that the "eyes on the
14 street" caused by dwellings overlooking 172", as weli as mare pedestrians usin the praposed
pedestrian facilities, would probabty serve to reduce crime.
15
6 Larry Hobbs, appticant's traffic engineer, nated that the channelization changes that would improve
queuing from the Benson Road S. access woutd be camposed of a left turn lane and a shared left and
i7 right turn lane and a change out in a traffic signal face. With the channelizatian changes the queue
lengths are reduced from 372 feet to 2 i 2 feet and wiit be sharter than pre-development conditions.
1 g The channetization changes doubte vehicle storage space.
19 Doug Gaods, nei;hbor, doesn't support or oppose the project, he just wants to make sure his concerns
20 are addressed. He has seen a significant increase in traffic in the vicinity over the years. Traffic
backs up all the way fram Puget Drive. He wanted to know why the applicant's proposal to put in a
2 median on t72'wasn`t recommended by staff. He doesn't believe that the appiicant's solution to the
22 queuing probtem will be soived by the rechanneling, given the amount af new development in the
area. He fett that more traffic calming measures should be implemented for 104 and 106 avenues,
23 such as speed bumps, however he's not as concerned as much about speed as he is abaut increased
traffic.
24
Molly Moss, neighbor, is against the proposal. She feels that the access to 172° street will increase
2S traffic on her street (104`'} as we11 as l OSth
and 106th avenues. Currentty the neighborhood has a low
2 ]eve] of traffic. This wi11 be a safety hazard as the streets are currently used by children. Nane of the
PREL[MINAR1r PLANNED rRB h` DEVEL4PMENT- 2
AGENDA ITEM #8. b)
1 roads have uninterrupted sidewalks to Nelson Middle School.
2
Jerry Miller, neighbor, noted that the streets impacted by the proposal haven't been adequately
3 described. There's a new development at the northeastern corner of intersection of Benson and 172nd
with several dozen units and this will add to the traffic problem. If the right in/right out 172nd
4 solution proposed by the applicant for 172"d
were to be implemented, people would be doing u-turns
on their driveway so he and Anna Miller are opposed to that solution.
5
6 Anna Miller, neighbor, noted that parking from the project will spill onto adjoining streets making
traffic circulation difficult. 172nd is very narrow and traffic is already very poor in the area. In the
next 5-10 years traffic will be a nightmare.
g Paul Skulstad, neighbor, felt that access to the proposal should be from SR 515 instead of 172°d. The
9 surrounding community doesn't have sidewalks for students walking to and from school. Electronic
radar signs aren't needed. 172"d
has a portion that's like a washboard, which slows down vehicles.
p The traffic analysis for the project doesn't take into account traffic that will be generated by other
projects in the pipeline, including a large apartment complex directly across the street and a medical
11 dental complex. People are having trouble finding parking already in the apartment complex and it
12
hasn't been completed yet. There's also another 21 lot subdivision and another complex on Benson
being constructed. The Benson and Benson intersection needs to be redone. The two left turn lane
13 solution was obvious. There should be a third left turn lane.
14 Karen and Polo Cantu, neighbors, noted that the roads of her neighborhood do not have sidewalks or
shoulders. Her and her husband purchased their home because of the uncommonly spacious lots andIS
quiet neighborhood. She still feels safe walking the streets. The proposed access onto 172"d St. is too
16 close to the 106th
Ave. Residents of the proposed apartments will quickly realize that driving through
the neighborhood will be much quicker than driving through the Benson/Benson intersection. A
17 radar speed sign wi(I not reduce the volume of traffic. The traffic study doesn't account for new
development or the impact on 106`" street and other neighborhood roads. Based upon 1.8 cars per1gdwellingunitandrounduptotwocarstoaccountforvisitors, the proposed parking is insufficient.
19
The access should be moved from 172nd to SR 515. 172nd
St. is inaccurately classified as a
commercial street in the ERC report. It currently primarily serves residential use.
20
Nancy Stanley, neighbor, noted that the 162 unit Trails apartment complex across the street is still
21 under construction and its traffic impacts haven't been fully evaluated.
22
Danny Kumono, neighbor from Kelsey Court condominiums, affirmed that the traffic impacts of the
23 Trails complex hasn't yet been realized as its still under construction. Crime has increased as a result
of the Trails. Cars turning right onto
24 Benson from 172°d
aren't slowing down. Visibility is poor because of the road curvature, so there are
25 a lot of close calls in making a left turn. In the evening the BensonBenson intersection is fully
congested and it's not possible to make a left turn. A larger area should be considered when doing a
26 traffic analysis.
PRELIMINARY PLANNED URBAN DEVELOPMENT - 3
AGENDA ITEM #8. b)
1
Dan Palmer, neighbor, noted that 104`", l O5t"
and 106th has been an oasis of a neighborhood with big2
yards and yuiet streets. There's currently no through traffic. There's no vehicle polfution. There are
3 people with respiratory problems in the neighborhood who will be adversely affected by the pollution
from increased traffic. He noted there are no sidewalks, stormwater systems or lights on the roads.
4 The neighborhood is full of wildlife and trees and is an important watershed area. High impact
buildings are not compatible with this environmentally fragile area. Transfer of development rights5
would work well here. The building design is not compatible with the surrounding 60 year and turn
6 of the century homes. Even the new CVC store is more aesthetically pleasing.
7 in rebuttal, Ms. Timmons noted that the area was annexed into the City from King County in 2008,
which is why the streets don't have sidewalks or street lighting. The site was zoned commercial
g arteriai when it was annexed into the city. That zoning designation allowed 60 du per acre. A
9 subsequent rezone reduced the density to the current(y applicable 20 du per acre. The site serves as a
transition zone from the commercial development to the south to the residential use to the north.
10 1 2°a is classified as a commercial use street because of the transportation needs to the south. The
proposed development will create many of the improvements necessary to upgrade 172"d to
11 commercial use. The City currently has no transfer of development rights program. The design of the
12
project is set by the City's design standards. SR 515 would not be a suitable access point because of
significant change in grade at the southern portion of the site. Several retaining walls are necessary to
13 stabilize this portion of the project. SR 515 is a commercial arterial street and the City limits access
points. WSDOT would also restrict access from the state road. There are also criticai areas that
14 would prevent access from the south. Parking is set by city code based upon the number of
bedrooms, which in this case is 96 stalls. The applicant has requested a two stall reduction. The15
project site has a significant amount of open space to accommodate wildlife. The applicanf s request
16 for an additional 1.5 feet in building height has been reviewed by City staff. Given the extensive
number of PUD benefits and large amount of open space, staff supports the request for additional
17 height. As to safe routes to schools, it's expected that students will not use 106/104/105 roads to get
to Nelson Middle School. They would use Benson Road to walk safely to Nelson. Molly Moss noted18thatwhilestudentfromtheproposalmayuseBensonRoad, students residing on 106/104/105 would
19 still be walking their neighborhood roads.
20 In response to examiner questions, Ms. Nair noted that the traffic study included traffic from all
approved land use applications, including the Trails project across the street. The lane configuration
21 will result in improved queuing lengths even with the traffic of the Trails project taken into
22
consideration. Staff is not opposed to having south bound traffic subject to a radar speed sign as well
on
104th
and
106th
streets. WSDOT may not approve a direct access onto SR 515 because of the
23 availability of other access routes.
24 Larry Hobbs, applicant's traffic engineer,testified that the traffic report was prepared pursuant to City
25 guidelines and trip generation estimates from the latest edition of the ITE Trip Generation Manual.
The report was subjected to peer review, which concurred with the traffic analysis. The Trails project
26 was included in the background traffic along with a percentage traffic growth rate required by the
PRELIMINARY PLANNED URBAN DEVELOPMENT -4
AGENDA ITEM #8. b)
1 City. The traffic analysis concluded that 10% of the AM peak hour traffic would be heading west
2 (using 106/104/105), which is 4 trips and five trips for PM peak hour. This is only one additional
vehicle every 12 or 15 minutes on the three streets. The radar speed limit sign isn't necessary.
3 WSDOT would not allow access onto SR 515 since other reasonable access is available.
4 Brent Carson, app(icant's attorney, noted that the land use designations of the site could not be
questioned at this point. Many of the concerns of the neighbors concern SEPA issues that haven't5beenappealed. Given the minor number of trips generated on 106/104/105 and verification from peer
6 review on the applicant"s analysis of this issue, the City has no nexus and proportionality to require
mitigation such as the radar controlled sign.
7
g EXHIBITS
9 The May 10, 2016 Staff report in addition to Exhibits 1-23 identified in pages 2 of the Staff
10
Report were admitted into the record at the May ]0, 2016 hearing. The staff power point
presentation was admitted as Ex. 24. Revised elevations were submitted by the application and
11 admitted as Ex. 25. Ex. 26 was submitted by the applicant and admitted as a color site plan. Ex.
27 were admitted as west building elevations and Ex. 28 as east building elevations. Google
12 maps was admitted as Ex. 29.
13
FINDINGS OF FACT
14
Procedural:
IS
16
Applicant. Avana Ridge LLC.
17
2. Hearin. A hearing on the application was held on May 10, 2016.
18
Substantive:
19
20 3. Proiect Description. The applicant proposes a preliminary planned urban development for the
construction of two multi-family buildings on a 3.8 acre parcel for a total of 74 dwelling units. The
21 requested modifications are summarized as follows:
22
RMC Code Citation Required Standard Requested Modification
23 RMC 4-2-110A Roof pitches are required to be equal This proposal includes a roof pitch
24
Development to or greater than 4:12 and may of 2:12
Standards for project an additional six (6) vertical
25 Commercial Zoning feet from the maximum wall plate
Designations- Roof height.
26 Pitch
PRELIMINARY PLANNED URBAN DEVELOPMENT- 5
AGENDA ITEM #8. b)
1 RMC 4-2-110A A maximum building height of 3 The proposal includes a height of
Development stories with a wall plate height of 30 46-feet and 5-inches as measured2Standardsforfeetispermitted. from average grade plane to the
3 Commercial Zoning tallest point of the shed roof
Designations- Roof elements.
4 Pitch
5
RMC 4-6-060F Street Various: See discussion in Table C: Various: See discussion under FOF
Standards PUD Criteria -Circulation xx: PUD Criteria-Circulation
6 RMC 4-3-100 Urban Various: See discussion in Table E: Various: See discussion under FOF
Design Standards Design District'D'Standards I xx: Design District 'B'Standards
RMC 4-4-080F, Based on the proposed use, a The applicant proposed a total of
g Parking, Loading, and minimum and maximum of 96 parking 94 spaces within surface parking
Driveway Regulations spaces would be allowed in order to areas. The proposal does not9
meet code. comply with the minimum parking
p stall requirements.
RMC 4-4-090, Refuse There shall be at least one deposit The proposal includes a singlellandRecyclablesarea/collection point for every thirty refuse/recycle storage location
12
Standards 30) dwelling units. centrally located, between both
buildings at the center of the site.
3 RMC 4-4-040, Heights are limited to 48 inches for A section of the keystone-type wall
14 Retaining Wall Height retaining walls located within front located near the monument sign at
yard/side yard along-a-street the Benson Road/Benson Drive
15 setbacks, and 72 inches for walls intersection is proposed at a height
elsewhere on site. of 5.5 feet. A section of the
6 keystone-type wall located near the
monument sign at the Benson
Road/Benson Drive intersection is 5
g feet and 6-inches tall.
RMC 4-9-150.E.2, Each residential unit in a PUD shall The current proposal provides
19 Private Open Space have usable private open space for 4,156 SF of private, attached open
the exclusive use of the occupants of space through the use of private20
that unit in compliance with balconies for some of the units
21 dimensional standards. which does not comply with the
dimensional standards.
22
23
The project site is currently vacant and bisected by a stream. Access to the site is proposed via SE
24 172nd St, between the east and west buildings, and another ingress/egress point via Benson Rd S.
25 The two access points create a through road for emergency vehicle ingress/egress across the property.
26 4. Adeauacv of Infrastructure/Public Services,. The project will be served by adequate
infrastructure and public services as follows:
PRELIMINARY PLANNED URBAN DEVELOPMENT - 6
AGENDA ITEM #8. b)
1
A. Water and Sewer 5ervice. Water and sanitary sewer service for the development would be
2
provided by the Soos Creek Water and Sewer District. A water and sewer availability
3 certificate from the Soos Creek utility district was submitted to the City with the land use
4
applicatian. Approved water and sewer plar s from Soos Creek are required to bc
provided during utitity canstrucEic n permit approval.
S
B. Fire Protection. Fire protection would be provided by the City of Renton Fire Department.
7 C. Draina e. In conjunction with the City's stormwater regulations, the praposal mitigates
a!1 significant draina e impacts. Ne v imperviaus surfaces vauld result in sucface water
runoff increases. The Applicants submitted a Technical Information Report ("Drainage
Repar"'} with the praject application {Exhi6it 9}. The stormwater detention and water
l0 quality treatrnent would be provided within a cambined detention/water quality vault
under the parking area located in the western portion of the site. The combined
t I detention/water quality vault would be fal(owed by a media filtration system to
2 accammodate the Enhanced Water Quality Z"reatment requirements for multi-family
development. Further staffreview will be canducted for final PUD approval.
13
I4 D. ParksJCJpen Space. The project provides for adequate parks and open space. For parks
impacts, the appiicant will be paying a park impact fee, which is currently assessed at
l 975.50 per multi-family dwelling unit.
16
i The proposed development is designed spccificatly to inerease the access and opportunity
for open space and in sheer numbers harbors a significant arnaunt of open space as well.
t$ The project includes 19,795 square feet of community open space in the southern portion
9 of the site in additian to 49,918 square feet af critical area space. Beyand the space
required for critica! areas, Renton has no public apen space requirements for multi-family
20
deveiopments except for some nonspecific standards in its design regulations. A sma1l
2l fenced aff-leash dog run is provided at the east side af the site between a landscape buffer
2
and the parking lot among a grove of existing trees to be preserved. 1'he multipte open
spaces throughout the site are wetl designed and provide a variety of recreational
23 opportunities both passive and active. Due to the presence of a stream along the lower
2
area of the site, a natural border exists. A pedestrian bridge crosses the stream to link the
open space and the residential developments.
25
26
PRELIMINARY PLANNED URBAN DEVELOPMENT- 1
AGENDA ITEM #8. b)
r
1 A centra( path and complementing pedestrian bridge crossing will be constructed to create
2
an access point to the southern community open space from the surface parking lot. The
large area would be ample usable space for passive recreation and special events such as
3 picnics, parties, weddings, movie night in the park, concerks, etc.; thereby promoting
4 comtnur ity involvement. Additionally, the space would take advantage of and display the
attractive territorial views to the West. Finally, the space wauid serve to preserve and
enhance existing vegetation and naturai character through tree preservatian, removal of
extensive invasive Blackberries, and replacement with native understory vegetation ta be
maintained thraugh the life of the development.
The space features a large, central, gently sloping lawr for casual seating and recreation.
g The lawn is oriented to slope dawn towards an apen pavilian whose intended use includes
perfarmances, and community gatherings. The paviCian is also sited ta capture and frame
the attractive territorial views to the West.
10
The applicant has indicated that there is an oppartunity to include interpretive
i
signa e(inforrnatioi regarding differentiating elements (trees, landscaping, drainage,
2 architecture, etc.) of the propased development at strategic place(s) an site. The use af
interpretive signage wauld result in an increase in public benefit for the overall project.
13 Therefare, a conditian of approval requires the applicant to provide interpretive
14 signagelinforrnation regarding differentiating elements (trees, landscaping, drainage,
architecture, etc.) of the proposed develapment at a strategic place(s) an site.
l5
16 A resident amenity lounge located on Leve( 1 of the West buildina takes advantage of
outdaor space and integrates an outdoor plaza intended for gathering spaces, barbecues,
and lounge areas far a variety of oppartunities for the residents. The area opens zp the
3 8 western portion of the site and provides a softer building edge and brings visual interest ta
19 hat would norma(ly be considered the "side" elevation of the project.
20
2
E. Pedestrian Circulation. The proposa] provides for an appropriate pedestrian circulation
system. The applicant has praposed a series of pedestrian connections throughaut the site
22 however it is unclear if there is a differentratian ot materials acrass the drive ais(es
23 Exhibit 2}. Therefore, as recommended by staff, a condition af appraval requires the
applicant to revise the site plan to depict a differentiation in materials for all pedestrian
2` connections within parking areas and/or drive aisles on site.
25
F. 4ff-Site Traffic Improvements. The proposal is served by adequate and appropriate aff-
26 site street infrastructure.
PRELIMINARY PLANNED URBAN DEWEL PMENT- 8
AGENDA ITEM #8. b)
I
1
Based upon the applicant's traffic impact analysis ("TIA"), Ex_ 15, staff have determined
that the project vil( comply with the City's level of service standards. It is anticipated that
3 the praposed development wauld genecate apprnximately 492 average daily trips with 38
4 AM peak-haur trips and 4b PM peak-hour trips. The TIA assessed traffic impacts on three
affected intersections as required by City standards. The TIA concluded that ail
intersectians will operate at an acceptabie level af service with the propased development.
Staff have also determined that the proposal passes City concurrency standards as outlined
in Ex. 23. Analysis of future conditions address cumulative impacts of the proposed
project and traffic growth in the study area. Traffic signal warranty ana(ysis was also
provided at the intersection of SE 172nd St and Benson Rd S. The report states there is no
need for a signal at the intersection as a result of the project. The TIA concludes that sight
9 distance requirements are met at the site access driveway onto SE 172nd St and with
10 vegetation trimtning, within the right of way, at the site access driveway to Benson Rd S
Exhibit 15). ct. The conclusions of the report were accepted by staff and not disputed by
i
a qualitied traffic expert, therefore they are taken as verities. Staff also concluded in the
1 staff report that the proposed circulation system is adequate to accommodate emergency
vehicles and there is no evidertce in the recard ta the cc ntrary. Payment of traffic itnpact
3 fees as required by the Renton Municipal Code witt assure that the applicant pays its
14 proportionate share of system-wide traffic improvements.
A major concern of the neighbors was traftic impacts to ]U6 Ave 5E, 104 Ave SE and ]OS
16 Ave SE. In uncontested testimony, severa! neighbors testified that these raads are
i isolated, currently accommodate a minimal amount of traffic and are not deveioped with
sidew alks or shoulders that can 6e used for pedestrian traffic. By contrast, the project's
18 access to SR 515, the most likely tharoughfare ta be used by project residents, can only be
directly accessed by passing thraugh the Benson Road S./SR 515 intersectian, which is
subject to severe cangestion during the AM and PM peak hour. Neighbors are concerned
24 that this congestion will cause vehicles going to and leaving the project site to drive
1
through the IOSl1Q4/106 Ave SE roads. A SEPA mitigation measure requires the
installation of speed radar signs for southbound iraffic on
144t"
and lOb`" to siow down
2 some of this new trafftc. Although a review of the surrounding raad netwark shaws that
23 persons may very well choose to drive through lOS/104/106 to avoid the Benson/SR 515
intersection a well as other traf c problems in the area, the applicant's traffic analysis
2` reveals that the praject will only add five PM peak hour trips and four AM peak hour trips
25 into the 105/104(106 roads. The applicant's traffic analysis was verified by peer review.
Given the expert traf c analysis prepared by the applicant and the independent expert
26 verification conducted under the peer review, the applicant's traffic anaiy-sis is taken as a
PRELIMINARY PLANNEI3 URBAN DEVELOPMENT - 9
AGENDA ITEM #8. b)
1 verity given the absence of any expert testimany to the contrary. With only a maximum of
five additional trips per hour generated by the proposal, there is no basis to require more
than the speed radar si ns required by the SEPA mitigatian measures. Neighborhood
3 resider ts are certainly correct to assert that the cumulative impacts af a11 projects must be
4 cansidered when assessing traffic impacts, but there is nathing in the recard to suggest khat
the speed radar si n required of the appiicant is less than the appticant's fair share of
mitigating these cumulative impacts. Case law is very clear in the State of Washington
that the City has the burden of proof in establishing that any required road irnprovements
are proportional and attributable to impacts created by development. See Bzcrt n v. Clcrrk
C"oarnty, 91 Wn. App. 505, 516-17 (1998}. Far this applicatian, there is no evidence to
saggest that more than the speed radar signs required by SEPA is necessary ta off-set the
traffic impacts caused by the praposal on the l OS1104/10b roads.
9
10 Anather issue freq iently cited by neighbors was the queuing length at the Benson Raad
S.l5R 51 S intersection. Uncantested traffic analysis conducted by the applicant
t establishes that with re-channeli7ation measures required by this decision, queue lengths
12 will 6e reduced from 372 feet to 212 feet and wi(1 be shorter than pre-development
canditions, even hen added #raffic from recently approved development projects is
1 incarparated into the analysis. Since the proposal wiil be improving upon existing
14 queuing conditians at the Benson Road S./SR 515 intersection, no further mitigation can
be required.
15
16 A fe v neighbors alsa suggested that praject access direetly eanneet to SR 515 instead of
l
SE 172°d St. As testifed by City staff, direct access anto a limited access thoroughfare
such as SR 515 is avoided by bath the City= and the state (which also regulates SR S 1 S
18 access) when reasonable alternate project access is avaitable. Further, direct access would
Ig be highly challenging given the critical areas (stream and coal mine hazard) and steep
grade on the south portion af the praject site. Direct access to SR 515 is not warranted or
20 feasible for this project.
21
Several people also testified about walking conditians to and from schc ol. Students may
2 very well be walking to Nelson Middle Schoal, lacated to the north of the praject site.
23 Nelson Middle SchooI can be accessed via Benson Raad S. which has sidewalks between
the school and the project site. As part of the proposed project, sidewalks would be
2 constructed along the frontage of the site and would connect to the existing sidewalk
2 system. However, the frontage along the daycare center at the sauthwest corner of the
intersection af Benson Raad S. and SE 172°d Ave is missing some sidewalk linkage. For
26 this reason, the conditions af appraval require improvements to be made along the day
PRELIMINARY PLANNED CTRBAN DEVELOPMENT -
10
AGENDA ITEM #8. b)
1 care frontage to fill in the missing sidewalk connections. As noted by Ms. Moss, there are
2 still no sidewalks along the 105/104/106 streets. As previously discussed, the proposal
wi(I add a minor amount of traffic to these roads, and for the reasons previously discussed,
3 the speed radar sign required of the applicant adequately mitigates against the applicant's
4 proportionate share of impacts to these roads.
5 A few neighbors testified that they believed that the applicant's traffic analysis did not
6 include traffic generated by other projects. However, as testified by both staff and the
applicant, the applicant's traffic analysis did in fact factor in the traffic of currently
approved projects as well as a general background traffic increase factor required by City
g standards.
9
p 5. Adverse Impacts. Since the project provides for adequate infrastructure and public services,
the only remaining impacts to be considered are to critical areas. There are two critical areas at the
1 I project site — a Type Ns stream bisects the project site and a high coal mine hazard is located in the
12
southern portion of the site.
3 A. Hi h Coal Mine Hazard. As conditioned, the proposal has been adequately mitigated to
address any significant adverse impacts to coal mine hazards. High Coal Mine Hazards are
14 considered areas with abandoned and improperly sealed mine openings and areas underlain
by mine workings sha(lower than 200 feet in depth for steeply dipping seams, or shallower15
than 15 times the thickness of the seam or workings for gently dipping seams. These areas
16 may be affected by collapse or other subsidence. A Coal Mine Hazard Assessment was
performed by Icicle Creek Engineers, Inc. on March 22, 2004 and January 20, 2009
17 Exhibits 7 and 8). The studies found that the southern portion of the project site overlays
a historic coai mine known as the Springbrook Mine, along with the opening to the mine.1 g The study further found that the Springbrook Mine meets the City's criteria for a high coal
9 mine hazard.
20 Several recommendations to mitigate potential risk of the coal mine hazard/former entry
were included in the lcicle Creek Engineer report, including the excavation of the fiil at the
21 mine entry and backfilling with controlled density fill (Exhibit 8). However, these
22 recommendations were based on a former development proposal which included structures
in the southern portion of the site. The proposed development is setback approximately 125
23 feet from the coal mine hazard and would likely not have the same impacts as the former
development. However, there are some grading activities and smaller recreational
24 improvements in the proximity of the coal mine hazard which may potentially be affected
25 by mining related subsidence.
26 A SEPA mitigation measure was issued requiring an updated Coa( Mine Hazard Report
demonstrating the proposal would not increase the threat of the geological hazard to
PRELIMINARY PLANNED URBAN DEVELOPMENT -
11
AGENDA ITEM #8. b)
1 adjacent or abutting properties beyond pre-development conditions and the development
can be safely accommodated on the site (Exhibit 20).2
3 B. Tvpe Ns Stream. As conditioned, the proposal has been adequately mitigated to address
any impacts to the on-site stream. The applicant submitted a Wetland and Supplemental
4 Stream Study, prepared by Ed Sewell Consulting Inc., dated December 22, 2015 (Exhibit
10). The report identifies an unnamed seasonal stream (Stream A) that bisects the northern5
and southern portions of the site and runs from east to west. As defined by RMC 4-3-
6 OSO.G the stream best meets the criteria of a Type Ns stream due to its intermittent flow
and lack of fish use. Class Ns streams have a standard buffer of 50 feet as measured from
7 the Ordinary High Water Mark (OHWM) as well as a 15-foot setback from the edge of the
buffer to any structure. The applicant is proposing buffer averaging for portions of thegstreambuffer. Additionally, the applicant is proposing an alteration within the stream and
9
its associated buffer for a pedestrian crossing. With the conditions recommended in the
staff report (and adopted by this decision), the proposed buffer averaging and stream
10 alteration conforms to the City s critical areas regulations for the reasons identified at page
14 of the staff report.
11
12
C. Wildlife/Veeetation. As noted in the applicant's habitat assessment, there are no state or
federally listed species on or near the site and there are no rare or unique plant
13 communities on the site. The only wildlife/vegetation subject to protection at the project
site are trees. The City's adopted Tree Retention and Land Clearing Regulations require
14 the retention of 20 percent of trees in a residential development. As noted at p. 10 of the
staff report, the City's tree retention standards specifically require the retention of 42 trees5
and the applicant is retaining 46 trees. As further noted at p. 10, City tree density
16 requirements require a total of at least 132 trees at the project site. A condition of approval
requires that the applicant demonstrate compliance with this standard as the application
17 materials are unclear as to the total amount of trees that will be planted at the project site.
Beyond trees, since there are no wildlife species specifically protected by City of RentonIgregulations, there is no basis to regulate or restrict the project based upon wildlife or
19 vegetation impacts.
20 D. Compatibilitv. The project is compatible with surrounding development as it is within the
range of densities authorized by applicable zoning standards and is heavily regulated by21theCity's "Design District B" design standards. As testified by staff, the intermediate
22 densities authorized for the site are intended to serve as a transition between the
commercial uses to the south and the residential uses to the north. The higher densities of
23 the project site, compared to the northern residential uses, is mitigated by the perimeter
landscaping and emphasis upon aesthetic design imposed by the City's design standards.
24 On the north perimeter of the project, where compatibility issues would be most
25 pronounced, the adjacent residential dwellings would be screened from the surface parking
lot through the use of landscape buffers, building modulation and new proposed street
26 trees. The design may not bear any similarity to the design of the turn of century homes in
PRELIMINARY PLANNED URBAN DEVELOPMENT-
12
AGENDA ITEM #8. b)
1 the vicinity, but the applicant was required to compiy with Design District B standards and
no one has suggested that staff"s finding of compliance w'rth these standards was in errar.
2
E. Respiratorv Problems. One neighbor testified that he was cancerned that pollution caused
by increased project traffic would exacerbate the resprratory problems of some neighbors
4 living close to the project site. Without any scientific evidence to substantiate this
assertion, there is insufficient evidence to reasanably conclude that the relatively modest
traffic generated by the proposal would exacerbate respiratory problems.
6
7 6. Superiority in Desi n. The develapment of this site as a PUD results in a superior design than
what would resuIt by the strict application af the Development Standards for the following reasans:
natural features, overall design, and building and site design. The proposed design provides for the
retention of the natural grade on site, significant trees and a noteworthy amount of landscaping and
re-vegetation. Additionally, the plan provides far both active and passive recreatian spaces
10 significantly beyond the standard code requirements. The proposed design can provide for the
afarementianed amenities because of the madifications requested for the PUD as autlined in Finding
j of Fact No. 3. The modificatians appraved by this decision cantribute to and enable the superior
l2
design proposed for this praject by increasing available space for open space and natural site features.
13 • Public Benefit. The proposal provides several public benefits as detailed in pages 17-20 of
the Staff Report, adopted and incorporated by this reference as if set forth in full.
14
1 CONCLUSIONS OF LAW
Procedurai:
16
I
1. Authoritv. RMC 4-9-150{F){$) authorizes the Examiner to conduct hear'sngs and make final
decisians an ptanned urban development apptications.
18
Substantive:
19
2. Zonin lComarehensive Plan Desi nations. The praject site is zaned Residential Multi-Family
20 (RMF)and has a comprehensive plan land use designation of Residential High Density.
21
3. Review Criteria. A FUD may be pursued by "any applicant" as authorized by RMC 4-9-
22 I50{B), which is interpreted to authorize the applicatian of PUD regulatians to muiti-family
23
development projects. RMC 4-9-1 SO{D} gaverns PUD criteria. Thase criteria are quoted below in
italics and applied through carresponding conclusians of law.
24
RMC 4-9-150(B}(2}: C'orte Provisions That May Be t Udrfzed;
25
26
a. In appraving a planrred urban developme rt, the City n ay mod any t fthe stcrndaYcl.s of chc pter-t-
2 R11 1C, chapter---RMC, RMC 4-b-ObO and chapter--7 RMC', except as listed in siabsection B3 of
PRELIMINARY PLANNED URBAN DEWEL4PMENT -
13
AGENDA ITEM #8. b)
1 this Section. All modifications shall be considered simultaneoZrsly as part of the planned zrrban
development...
2
3 4. As shown in Finding of Fact No. 3, the requested revisions are limited to the regulations
identified in the regulation quoted above with the exception of the Private Open Space modification
4 to RMC 4-9-150.E2. As such, the conditions of approval require that the applicant provide a revised
5 site plan demonstrating compliance with the private open space standards of RMC 4-9-150.E.2.
6 RMC 4-9-150(D): The City may approve a planned zrrban development only if it fincls that the
follotiving rec arirements are met.
7
g 1. Demonstration of Compliance anc Sz periority Rec uired: Applicants macst demonstrate that a
proposed development is in compliance with the parrposes of this Section and x ith the Comprehensive
9 Plan, that the proposed development x ill be superior to that which would result N ithout a planned
urban development, and that the clevelopment will not be zrnduly detrimental to szrrrozrnding10pYoperties.
11
5. The criterion is met. The purposes of the PUD regulations, as outlined in RMC 4-9-150(A),
12 are to preserve and protect the natural features of the land and to encourage innovation and creativity
in development of residential uses. As outlined in Finding of Fact No. 4 and 5 the natural features of13
the site are protected by open space, buffers and mitigation that significantly exceeds minimum code
14 standards. The proposal involves innovation and creativity via the integration of critical area open
I S
space into the recreational open space of the project site. The project is consistent with the
comprehensive plan as determined in Finding of Fact No. 22 of the staff report. As determined in
16 Finding of Fact No. 6, the proposal is superior in design to what which would occur without a PUD.
1 As determined in Finding of Fact No. 4 and 5 the project will not create any significant adverse
impacts and so would not be unduly detrimental to surrounding properties.
18
RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the
19 following requirements are met.
20
2. Pz blic Benefit Reqzrired: In addition, Applicants shall demonstrate that a proposed development
21 will provide specifrcally identifiecl benefrts that clearly ozrtweigh any adverse impacts or zrndesircrble
effects of the proposed plarrned urban development, partica{larly those adverse and undesirable
22 impacts to surrozrnding properties, and that the proposed development will provide one or more of
the following benefits than would reszrlt fi om the development of the sarbject site without the proposed23plannedurbandevelopment:
24
25 b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject
properry, such as significant K oodlands, native vegetation, topography, or noncritical area26wildlifehabitats, not otherwise reqz ired by other Ciry regulations; or...
PRELIMINARY PLANNED URBAN DEVELOPMENT-
14
AGENDA ITEM #8. b)
1 e. Overcrll Design: Prvvides a planned z rban dev lo ment design that is sziperior to the
d?sign thal would result from development of the subject proyerly withoztt a planned urban
2 dc velopment. A superzor deszgn mczy rnelude the followrng.• ...
3
4 6. The proposal provides for public benefit by praviding amenities related to natural features and
5
overall design that significantly exceed code standards as determined in Finding of Fact No. 7. These
benefits clearly outweigh any adverse impacts since there are no sigr ificant adverse impacts
6 associated with the propasal as determined in Finding of FacE No. 4 and 5. The integration of the
natural features af the site with the recreational/open spaces af the site is particularly w ell done and
wilt succeed in providing significant aesthetic and recreational benefits to project residents as well as
g retaining a significant amount of green space and vegetation for the surrounding community.
g RMC 4A-150(D): The City may approve cr nl znned arrban developmerrt only if it fincl.s thcrt the
10 f llax ing rec uirements are met.
ll •••
l 2 3. Aclr itiUnal Revie 'rrteria:A praposecl pl rnnec zrrban devetopment shall crlso be revieu edfor
consistency w ith rll of the fi llou=ing critericr:
3
14 zlildi»g anc!Sile Design:
15 i. Perimeter: Size, scale, mass, chaf-acter a»d crrchitectt ral c esign along the plcrnnetl arrbcrn
development perimeter provide a szcitabTe transition tn adjacent or al aatting Iower clensrty/intensiry
ones. Mate ials shcrll redarce the poteniiat_for lr'ght crnd gln e.
17
7. The criterion is met for the reasons identified at page 21 of the staff repart.
18
RMC 4-9-150(D}; The City may cr prc ve a planned zirl an development anly if it finds thcrt the
14 follow ing reqarirements ure mc t.
20
21 3. Adr'itionczl Review° Criteria: A pro osed plan rec t-han ctevelopment shczll also he revieti ed for
consistency ith a/1 of the folloti ing critericr:
22
23 a. Building anr Site Uesign:
z ...
ii. Interior^Design: Promotes u coordinated site cznr l uilclrng desi n. Ba ildings in groarps should be
25 t-elatec!by coorclinatec materials and roof styles, bart contrast shauld l e provided throughc ut a site by
the use af'varied matericrls, architectural detarling, bz ilding orientation a housrng type,- e.g., single
26 amily, townhouses,flals, etc.
PRELIMINARY PLANNED URBAN DEVELQPMENT -
15
AGENDA ITEM #8. b)
1
8. The criterion is met for the reasons identified at pages 21-22 of the staff report.2
3 RMC 4-9-150(D): The Ciry may approve a planned zrrban development only if it finds that the
following requirements are met.
4
5 3. Additional Review Criteria:A proposed planned z rban developmerrt shall also be reviewed for
6 consistency with all of the following criteria
7 ...
b. Circulation:
8
9 i. Provides sarfficient streets and pedestrian facilities. The planned urban development shall have
sz icient pedestrian ancl vehicle access commensurate with the location, size and density of the
p proposed development. All parblic and prrvate streets shall accommodate emergency velzicle access
arrcl the traffic demancl created by the development as documented in a traffic anc circulation report
1 approvecl by the Ciry. Vehicle crccess shall not be un la ly detrimental to adjacent areas.
12
9. The proposal provides for adequate streets and pedestrian facilities as determined in Finding
13 of Fact No. 4.
14 RMC 4-9-150(D): The City may approve a plarrned zirban development only if it fincls thnt the
follolving requirements are met.
15
16 ••
3. Additional Reviex Criterin: A proposed planned zrrban development shall also be revietived for
17 corrsistency with all of the following criteria
18
9 b. Circulation:
20 ...
21 ii. Promotes safery through sz fficient sight distance, separation of vehicles from pedestrians, limited
22 driveways on busy streets, avoidance of diffrcult tzrrning patterns, and minimization of steep
gradients.
23
10. The criterion is met for the reasons identified at p. 22-26 of the staff report.
24
25
RMC 4-9-150(D): The City may appYove a planned urban development only if it finds that the
follox ing reqzrirements are met.
26
PRELIMINARY PLANNED URBAN DEVELOPMENT -
16
AGENDA ITEM #8. b)
1
3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for2
consistency with all of the following criter a
3
4 b. Circzrlation:
5
6
iii. Provision of a system of walkK ays which tie residential areas to recreational areas, transit,parblic
walkways, schools, and commercial activities.
g 11. The criterion is met for the reasons identified at p. 22-26 of the staff report.
9
10 RMC 4-9-150(D): The City inay approve a planned zrrban development only if it finds that the
following reqzrirements are met.
11
12
3. Adclitional Review Criterin:A proposed planrred urban clevelopment shall also be reviewec for
13 consistency ith all of the following criterra
14 ...
b. Circarlation:
15
16
17
iv. Provides s fe, efficient access for emergency vehicles.18
19 12. The proposal provides for safe and efficient access for emergency vehicles as determined in
Finding of Fact No. 4.
20
RMC 4-9-150(D): The Ciry mny approve a planned uYban clevelopmerrt only if it finds that the21followingreqzrirementsaremet.
22
23 3. Additional Review Criteria:A proposed planned z rban development shall also be reviewedfor
consistency with all of the following criteria
24
25 c. InfrastrarctuYe and Services: Provides utility services, emergency services, ancl other improvements,
existing and proposed, which are sz cient to serve the development.
26
PRELIMINARY PLANNED URBAN DEVELOPMENT-
17
AGENDA ITEM #8. b)
1 13. As determined in Finding of Fact No. 4,the proposal is served by sufficient public
infrastructure and services to serve the development.
2
3 RMC 4-9-150(D): The City may approve a planned zrrbcrn development only if it finds that the
following reqarirements are met.
4
5 3. Aclditional Review Criteria: A proposed planned atrban development shall also be reviewecl for
6 consistency with all of the following criteria
7 ...
g d. Clarsters or Barilding Groups and Open Space: An appearance of openness created by clzrstering,
9 separation of building groups, and throargh the use of well-designecl open space nnd landscaping, or
a redarction in amount of impervious satrfaces not otherwise rec uired.
10
14. The project's principal PUD characteristic is its integration of clustered buildings strategically1Ilocatedadjacenttocombinedandwell-designed open space and critical areas as outlined in Finding
12
of Fact No. 4(D).
13
RMC 4-9-150(D): The Ciry mcry approve a planned urban development only if it fincls that the
14 following reqzrirements are met.
15
16 3. Ac ditional Reviex Criteria:A proposed planned urban development shall also be revietivec for
consistency with all of the following criterin
17
18 ...
19 e. Privacy and Builcling Separation: Provides internal privacy belween dwelling units, and external
privacy for adjacent d elling units. Each residential or mixed use development shall provide visual
2p and acoustical privacy for dwelling zrnits and szrrrozrnding properties. Fences, inszrlation, walks,
barriers, and landscaping are zrsed, as appropriate,for the protection and aesthetic enhancement of21theproperty, the privacy of site occupants and surrounding properties, an l for screening of storage,
22 mechanical or other appropriate areas, anc for the redarction of noise. Windows are placed at satch a
height or location or screened to provide sufficient privacy. Saffrcient light and air are providec to
23 each dwellirrg zcnit.
24 15. The criterion is met for the reasons outlined at p. 28 of the staff report.
25
RMC 4-9-150(D): The City may approve a planned arrban developrnent only if it finds that the
26 following requirements are met.
PRELIMINARY PLANNED URBAN DEVELOPMENT -
18
AGENDA ITEM #8. b)
l
2 3. Additional Review Criteria:A pYoposed planned zrrban c evelopment shall also be reviewedfor
consistency with all of the following criteria
3
4
f. Builcling Orientation: Provides bziildings oriented to enharrce views from within the site by taking5advantageoftopogzaphy, bzrilding location anr sryle.
6
16. The buildings are orientated toward the open spaces or toward the offsite view vistas afforded
in the naturally elevated site location. There is minimal orientation toward off site non view areas.
g RMC 4-9-150(D): The Ciry may approve a planned urban development only if it finds that the
9 following requirements are met.
10 •••
3. Additional Review Criteria:A proposec planned zrrban development shall also be reviewed for
11 consistency with all of the following criteria
12
13
g. Parking Area Design: Provides parking areas that are eomplemented by lancl.seaping crncl not
14 designed in long rows. The size ofparkirtg areas is minimized in comparison to rypical designs, and
each area relatecl to the groarp of bzrilclings served. The design provides for efficient use ofparking,i s
and shared parking facilities where appropriate.
16
17. Parking across the site would be handled in way as to not have large surface parking areas.
17 Instead the applicant is proposing the use of parallel parking stalls along the perimeter of the
proposed drive aisle. The surface parking design is comprised of 90-degree stalls to make maximum1g
use of parking area and provide clear, safe vehicular circulation that promotes visibility. The use of
19 compact stalls is minimal and is well under the code-required maximums for compact stall counts.
2p RMC 4-9-150(D)(4): Each plannecl atrban development shall demonstrate compliance with the
development stanclards corrtained in sa{bsection E of this Section, the underlying zone, and any21
overlay districts; zrnless a moclification for a specific development standard has been reqarested
22 purszrant to subsection B2 of this Section.
23 18. As discussed below, the proposal complies with all development standards imposed by RMC
24 4-9-150(E). The proposal is compliant with the standards of the underlying RMF zone for the
reasons identified in Finding of Fact No. 23 of the staff report. As a project located in the RMF zone,
25 the project is in the District B design district as regulated by RMC 4-3-100. For the reasons identified
26
PRELIMINARY PLANNED URBAN DEVELOPMENT -
19
AGENDA ITEM #8. b)
1 in Finding of Fact No. 29 of the staff report, the proposal is consistent wrth all District B design
2
standards.
RMC 4-9-150(E)(1)» Common Operr Sperce Stanclarc'.• pE n,xpace shall be concentrc ted in large
usable areas anc may be designed tc provide either active or passive recreation. Rec aizrements for
4 resic ential, mixecl use, commerczal, anc irrdzistrial c evelopments are clescribec bc la.
a. ResidErntial: For residential deveCoprrrents open space must eqttal at least ten percent(10%) vf the
develvpment site:s gross land area.
i. Open s ace may include, bzrt is nvt limited to, thc follo ing:
g (a)A trail that allows oppartttnity fc r passive recreation within a cYltical area bzrffer (only the sqasare
footage af the irail shall be inclarded in thc-oyen space area calculation), vr
p (b)A sia'ewalk and its a,ssocialed lartc scape striE, when abartting the edge f a critical rrea bzrffE'r crnd
when tr part of a new pa blic or privute roac or
ll
12 (
c)A similar proposal as approved by the reviewing of cial.
3 ri. Adc itionally, a minrnaum nrecr eqa aC to fifty (SO)sc trarc feet er unit of common spaee vr
recreation area shall be provided in a concerrtrated space a,s ilCustra(ed in Figure 1.
14
19. The 19,795 square feet of community space alone exceeds ten percent of the total 164,827
square feet af the project area. This space, along with other open spaces provided in the project site,
1 alsa satisfies the requirement of SO square feet per dwelling unit, for a tatal of3,700 additional square
feet of open space.
17
l$ RMC 4-9-150(E)(2): Private C7pen Space: Each residential urrit in a planned urban development
1 g shall have zrsable private open space (in addition to arking, starage space, lobbies, anc corridars)
for the exclzrsrve tise of the c cczspants of that afnit. Each gr ound.floor unit, whc>thc r attached or
20 detached, shc ll have pt-ivat open spczce which rs cantiguozes to the atnrt. The rivate en spt ce shczll
21 be x=ell t emarc atec and at least fifteen feet {IS') in every dimension (c'ecks on ttppe floars can
substitaite for the required private open space). For dwelling units which crre exclusively zapper story
zrnits, there shall be deck arens totnlrng at least sixry (6f)) sqzurre.feet in size s ith no dimension less
23 than five feet(S').
24 20. Ground related units do not have their own private open space. A condition of approval
requires that the appIicant provide a revised site plan demonstrating compliance with the private open
25
space standard of at (east 15-feet in every dimension for all graund related un'rts. Not all upper story
26 residential units have private open space dimensioned at 60 feet. A condition of approva! requires
PRELIMIN RY PLANNED URBAN DEVELOPMENT -
20
AGENDA ITEM #8. b)
1 that the applicant pravide revised elevatians for upper floor units demanstrating compliance with the
2
private open space standard of at least 60 square feet ir size with no dimension less tf an S feet.
3 RMC 4-9-150(E)(3): Installation crnd Maintenance of Common Open Space:
4 cr. Installatzon: All common area and open space shnll be land,scaped in accordance with the
landscaping plan sa bmitted by the Applicants ancl approved by the City;provic ec' that commoi7 open
space conlarning nata rcrl,features worthy of pYeservatiorr ntay be left trnimproved. Fric r to the
issarance o.f nn,y° occarperncy permrt, the developer shall,firrnish a security device to the C'ity in an
7
an oa nt equal to the pravisions of RhIC-1-9-Ob0. Landseaping shall be pinnted x ithin one year of th
date of final a pr ovnl nf the lcrnned urhan devErlo ment, and maintcrined far a period of two (2}
8 years thc reafter prior to the release e f the secur•iry devzce. A scjcurity devrce for providing
9
maintenanc of landsca/ing may be waived rf a land,scaping mar"ntenance contraci with a repz table
landscaping.firm ricensed to do hzesiness in the Ciry of Rentorr is executed and kept active for a twv
10 (2)year perzoc. A copy of such cc ntrcrcf slrcrll be kept can frle with the Dc velopment Services Uivision.
11 h. Maintenanee: Lcrnclseczprng shull be maintciined J zrrsuant to reqzrirements of RMC'--1-070.
1 21. As Conditioned.
13
RMC 4-9-150(E)(4): Installatian and Maintenance of Common Facilities:
14
cr. Installatir rr: Prior to the issuance f any occzrpancy pef mits, all common,fac°idities, inclarding hut
5 not lirnited to ritilities, .storm drerinage, streets, recrention facilitres, etc., shcrll be complet id hy the
l devc loper or, if cleferrec by the PlanningBtcilding/Pzrblic Works Aclministrator or his/hc r tles ignee,
assrtred thracrgh a secur ty de ice ta thc C'ity ec aral to the provisions o}RMC-9-060...
17
22. As Conditioned.
18
1
RMC 4-9-i50(E}(4): Instaltation and Maintenance of Common Facilities:
20 "..
21 6. Maintc nancc: 111 common facrlities not dec icatc d to the C'ity shr ll l e permanently maintained by
the plannec urban developyrzent awrrer, if there is only ane otiv»er, or by the properry owners'
22
associatit n, or the agent(s) therenf. In the event thnt szrch faczlities are not mcrintainec in a
r•esponsible mcznner, as dc termined by the Citv, the Czry shcrll have the rzght tn providc for the
maintenance ther of and hill the owneY c r praperry owners' association accardrngly. Such bill, if
2 arnpaic', shall become a lien a ainst each inc ividacal property.
25
23. As canditioned.
26
PRELIMINARY PLANNED URBAN DEVELOPMENT' -
2I
AGENDA ITEM #8. b)
1 DECISION
The proposed preliminary PUD meets all applicable criteria quoted in this decision and far that
reason is APPROVED. Requested revisions to deveiopment standards identified in Finding af Fact
No. 3 are all approved except for revisions to RMC 4-9-150.E.2. The applicant's request for an
q. additianal 1.5 feet in building height for the west building as proposed in Ex. 27 is also approved.
The propasal is subject to the following Conditions of Approval:
5
1. The applicant shalt comply with the mitigation measures issued as part of the
Determination ofNon-Si nificance Mitigated ERC ddendum, dated April 7, 2016.
2 The applicant shall be required to recard forma] Lot Combination or Binding Site Plan in
g
order to ensure the proposed buildings are nat bui(t acrass property lines. The instrumertt
shal! be recorded prior ta building permit approval.
3. The applicani shali be required to submit a detailed tandscape plan ta the Current
1 Planning Project Manager prior to construction permit approvat complying with RMC 4-
4-070.
1 I 4. The applicant shali be required to subrnit a detailed landscape plan depicting at least 132,
2
two-inch caliper, trees (ar the gross equivalent inches) on site; not including the those
trees located within the Native Grawth Protection Easement. The detailed landscape plan
13 shall be subrnitted to, and approved by, the Current Planning Project Manager prior to
construction permit approval.
14
5. The appl'scant sha]f submit a revised landscaping plan depicting a mmimum three-foot
15 landscaped setback from the sidewalk at the base of retaining wails abutting, or v=ithin,
public rights-of-way. Landscaping shall include a mixture of shrubs and groundcover
S trees are optional} in conformance with the standards af RMC 4-4-O70F 1, Perimeter
Parking Lot Landscaping. The revised landscaping plan shall be submitted ta, and
approved by,the Current Plannmg Froject Manager prior to engineering permit approval.
i g 6. The applicant shall submit a revised Mitigation plan which addresses the criteria found in
1 RMC 4-3-OSO.H.2 demonstrating the reduced buffer wouldn't negatively irnpact the
function of the stream. The revised rnitigation plan shall be submrtted to, and approved
20 by, the Current Planning Project Manager prior to engineering perrnit approva(.
21 7. The applicant shall submit a revised Mitigatian plan which addresses the criteria faund in
RMC 4-3-050.H.2 demonstrating the bridged crossing wouldn't negatively impact the
2 unction of the stream. The revised mitigation plan shall be submitted to, and approved
by,the Current Planning Praject Manager prior t4 engineering permit approval.
23
8. The applicant shatI establish a Native Growth Protection Easement over that part of the
24 site encompassing the stream and buffer area and place split rai[ fencing and signage
along the outer edge of the buffer. The Fina1 Mitigation plan shall include all
25 specifications for fencing and signage and shall be submitted to, and approved by, the
6 Current Pianning Project Manager prior to engineering permit approval.
PRELIMINARY PLANNED URBAN DEVEL(PMENT' -
22
AGENDA ITEM #8. b)
1 9. The applicant shall be required to pravide, to the Current Planning Project Mana}er, tree
retention inspection/monitoring reports after initial clearing, final grading, and annually
z far two years by a qualified professional forester. The inspectionfmonitoring reports shall
3 identify any retained trees that develop problems due to changing site conditians and
prescribe mitigation.
4 20. The appiicant shall pravide interpretive signage/information regarding differentiating
elements {trees, landscaping, drainage, architecture, etc.} of the proposed devetopment at
a strategic place{s) on site. The site plan depicting the signage shall be submitted ta, and
6 approved by, the Current Planning Project Manager prior to building permitlFinal Plat
approval tivhichever comes first.
7
11. A detailed fencing plan shall be provided identifying the location and specifications for
8 all fencing on site. Ail fencing shall be made of quality materials in keeping with the
architectural aesthetic of the proposed structures. The fencing plan shall be submitted to,
and approved by,the Current Planning Project Manager prior to building perrnit approval.
1Q 12. The applicant shall provide a lighting p]an that adequately pravides for public safety
without casting excessive glare Qn adjacent properties; at the time of engineering permit
Il
V1e,, p destrian scale and down lighting shall be used in all cases ta assure safe
1 pedestrian and vehicular rnovement, unless alternative peclestrian scale lighting has been
approved administratively ar is specifically listed as exempt from pravisions (ocated in
13 RMC 4-4-075 Lighting, Exterior On-Site.
14 13. The applicant shail eliminate the proposed access restr'rctions atong SE 172nd St in order
to provide full access along SE 1 2nd St. A revised site plan shall be submitted to, and
15 approved by, the Plan Reviewer prior to engineering permit approvat.
1 14. Prior ta the issuance of any occupancy permits, all common facilities, including but not
limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by
17 the develaper or, if deferred by the PlanningBuilc ing/Public Works Administrator or
g
his/her designee, assured through a security device to the City equal to the provisions of
RMC 4-9-060.
1 15, A{1 common facilities not dedicated to the City shall be permanently maintained by the
20
planned urban development owner, if there is oniy one awner, or by the property ou.ners'
association, or the agertt{s}thereaf. In the event that such facilities are not maintained in a
21 responsible manner, as determined by the City, the City shall have the right ta provide for
the maintenance thereof and bill the o vner or property awners" association accordingiy.
22 Such bill, if unpaid, shall become a Eien against each individual praperty.
23 16. The appIicant shall create a pubtic outreach sign in caardination with City of Renton to
communicate with road users, the general public, area residences and businesses, and
appropriate public entities about project information; road conditions in the work zone
2
area; and the safety and mobility effects of the work zone. The sign shalI be placed on site
prior to construction commencement.
PRELIMiNARY PLANNED URBAN DEVELOPMENT-
23
AGENDA ITEM #8. b)
1 17. The applicant shall provide a revised site plan demonstrating compliance with the private
2 open space standard of at least I S-feet in every dimension for all ground related units.
The revised site plan shall be submitted to, and approved by, the Current Planning Project
3 Manager prior to building permit approval whichever comes first.
4 18. The applicant shall provide revised elevations demonstrating compliance with the private
open space standard of at least 60 square feet in size with no dimension less than 5 feet
5 for all upper story units. The revised elevations shall be submitted to, and approved by,
the Current Planning Project Manager prior to building permit approval whichever comes
6 first.
19. Prior to the issuance of any occupancy permit, the deve(oper shall furnish a security
device to the City in an amount equal to the provisions of RMC 4-9-060. Landscaping
g shall be planted within one year of the date of final approval of the planned urban
development, and maintained for a period of 2 years thereafter prior to the release of the9
security device. A security device for providing maintenance of landscaping may be
waived if a landscaping maintenance contract with a reputable landscaping firm licensed
to do business in the City of Renton is executed and kept active for a 2 year period. A
11 copy of such contract shall be kept on file with the Planning Division.
12 20. The building entries from a street shall be clearly marked with canopies, architectural
elements, ornamental lighting, and/or landscaping and include weather protection at least
13 four and one-half feet (4-l/2') wide. The revised elevations shall be submitted to, and
approved by,the Current Planning Project Manager prior to building permit approval.14
21. The app(icant shall be required to submit a revised site and landscaping plan depicting
15 entrances and pedestrian connections from ground related residential units, along SE
172nd St, to the public sidewalk. The revised landscape and site plan shall be submitted
16
to and approved by the Current Planning Project Manager prior to bui(ding permit
I approval. Staff is aware there may be topographic challenges with entrances along SE
172nd St and the applicant is encouraged to provide stairs to the units or demonstrate
18 separate entrances are not feasible prior to bui(ding permit approval.
19 22• The applicant shall submit revised refuse and recycle enclosure elevations which include
a roo£ The revised elevations shall be submitted to, and approved by, the Current
20 Planning Project Manager prior to building permit approval.
21 23. The applicant shall revise the site plan to depict a differentiation in materiais for all
pedestrian connections within parking areas and/or drive aisles on site. The revised site
22 plan shall be submitted to and approved by the Current Pianning Project Manager prior to
building/engineering permit approvaL If this condition of approval is met the proposal23
would satisfy this standard.
24 24. The applicant shall provide detailed specifications for all site furniture, and art, in order to
25 ensure durable, vandal- and weather-resistant materials are used. The specifications shall
be submitted to, and approved by, the Current Planning Project Manager prior building
26 permit approval.
PRELIMINARY PLANNED URBAN DEVELOPMENT-
24
AGENDA ITEM #8. b)
1 25. The applicant shall submit revised elevations depicting entrance detailing/weather
2 protection for ground related units, fencing, pedestrian connectivity, lighting fixtures,
contrasting materials, and/or special detailing along SE 172nd St. The revised elevations
3 shall be submitted to and approved by the Current Planning Project Manager prior to
building permit approval whichever comes first.
4
26. The applicant shall submit a materials board subject to the approval of the Current
5 Planning Project Manager prior to building permit approval. The board shall include
color and materials for the following: guardrails, fa ade treatments, retaining wal(s, raised
6 planters, siding, windows/frames, and canopies. Acceptable materials include a
combination of brick, integrally colored concrete masonry, pre-finished metal, stone,
steel, glass, cast-in-place concrete, or other superior materials approved at the discretion
g of the Administrator.
27. The current left turn and right turn southbound lanes from Benson Road South to SR 5159
shall be rechanneled by the applicant to one left turn lane and one combined left turn/right
10 turn lane and the applicant shall also modify the light signal at the Benson Road
South/SR 515 to accommodate the re-channelization.
Il
12
DATED this 24th day of May, 2016.
13
14 r ..-----'
Phi!'A.nlhrechts
IS
16 City of Renton Hearing Examiner
17
18 Appeal Right and Valuation Notices
19 C 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the
20 Renton City CounciL RMC 4-8-110(E)(14) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) ca(endar days from the date of the hearing examiner's decision.
2 A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(13) and RMC 4-8-100(G)(9). A new fourteen (14) day
22 appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall —23 tn floor, (425) 430-6510.
24
Affected property owners may request a change in valuation for property tax purposes
25 notwithstanding any program of revaluation.
26
PRELIMiNARY PLANNED URBAN DEVELOPMENT -
25
AGENDA ITEM #8. b)
DEPARTMENT OF CQM'...lNITY
CITY OF
AND fCONG1MIC DEVELOPMENT
r }
A. REPORT TD THE NEARING EXAMINER
HEAR/NG DATE:May 10, 2016
Praject Name; Avana Ridge PUD
Owners: Avana Ridge, L C;9675 SE 36th St, Ste 105; Mercer Islanci,WA 98040
Contact: Justin Lagers;Avana Ridge, LLC; 9675 SE 36th St,Ste 105; Mercer Isiand, WA 98040
File Number: 1UA15-000894, PP, PPUD
Praject Manager: Rocale Timmons,Senior Planner
Froject 5ummary: The appiicant is requesting a Preliminary Planned Urban Developrnent and
Environmental (SEPA} Review for the construction of a multi-family devefapment
cantaining 74 units. The vacant 3.78 acre site is (ocated within the Residential
Multi-Family(RM-Fj zoning classificatian and the Residentia! High Density (NQ) land
use designat'san. The development would be comprised of two separate multi-
family residential structures resulting in a density of 20.21 dujac. The subject site
is franted by three public rights-af-way: SE 172nd 5t, Bensan Rd S {108th Ave SE},
and Benson prive 5 (SR-515}. The applicant is propasing one entrance off of SE
172"St between the proposed buildings, and another entrance off of Benson Rd S.
There is an unnarned stream, classified Ns, bisecting the site which runs from east
ta west. Pursuant to RMC 4-3-050, the applicant is proposing impacts to the
stream buffer through buffer averaging. Additionally, the site contains Coa! Mine
Hazards. 1'he Preliminary PUD would be used to vary street, refuse and recycle,
building height, parking, design, private open space, and retaining wafl standards.
The applicant has praposed ta provide buffer enhancement as part of the
propased PUD public benefit, along with the construction of enhanced open space,
pedestrian amenities, landscaping, and superior site and building design.
Site Area:164,828 SF Tota!8uilding Area GSF:92,899 SF
Project Lacation: 17249 Benson Rd S
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Project Location Map
HEX Staff Report Avana Ridge PUD LUAIS-000894
AGENDA ITEM #8. b)
City of Renton Department of Co: unity& Economic Deve%pme t Nearing Examiner Recommendatian
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 2 of 44
B. EXH1BlTS:
Exhibit 1: ERC Report,dated Aprii 11,2016
Exhibit 2: Site P(an
Exhibit 3: Landscape Pian
Exhibit 4: Elevations
Exhibit 5: Grading Plan
Exhibit 6: Geotechnical Report, prepared by Earth Solutians NW (dated December 21, 2015)
Exhibit?: Coal Mine Nazard Study, prepared by Icicie Creek Engineers(dated March 22,2004j
Exhibit 8: Coai Mine Hazard Study, prepared by icicie Creek Engineers (dated January 20, 2009)
Exhibit 9: Drainage Repart, prepared by D.R.Strong{dated December 28, 2015)
Supplemental Stream Study, prepared by Sewell Wetland Cansulting(dated December
Exhibit 10:22, 2015j
Conceptual Stream Mitigation Plan prepared by Sewell Wetland Consulting(December
Exhibit 11:28, 2015)
Habitat Data Report, prepared by Sewell Wetland Consulting(dated December 22,
Exhibit 12:2015)
Exhibit 13:Arborist Report, prepared by Greenforest Inc. (dated December 16, 2015j
Exhibit 14:Tree Re#entian Pfan
Exhibit 15:Traffic Impact Analysis(71A}, prepared by TraffEx(dated February 2, 2016)
Exhibit 16;Public Comment LettersJEmails
independent Secandary Review–Traffic Study, prepared by TenW (dated March 21,
Exhibit 17:2016}
Response Memo -independent Secondary Review, prepared by Traffex tdated March
Exhibit 18:26, 2036}
Exhibit 19:Staff Recommendation to the Hearing Examiner, dated May 3, 2016
Exhibit 20:SEPA Determination and Mitigation Measures(dated April 11, 2016
Exhibit 21:CI 73–Residential Building Height
Exhibit 22:Elevation Perspectives
Exhibit 23:Transportation Cancurrency
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community&Ecanomic Development Hearing Examiner Recornmendatron
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Pa e 3 of 44ReportofMay3, 2016
C. GENERA!INFQRMATION:
Avana Ridge, LC
1. Owner(s)of Recard: 9675 SE 36th St, Ste 105
Mercer Island,WA 98040
2. Zoning Ciassif+catian: Residential Multi-Family(RMF}
3. Cornprehensive Plan Land Use Designation: Residential High Density(HD
4. Existing Site Use: Vacant
5. Neighborhoad Characteristics:
a. Narth: Existing Sing/e Family Residentrat(R-8 Zone)
b. East: Daycare(RMF ZaneJ
c. Sou#h: Vacant(RMF ZoneJ
d. West: Multi-amily, Public Starage, and a Denta/Office (CA Zone)
6. Site Area: 164,827 SF(3.78 acres)
D. H/STG1R/CALjBACKGROUND:
Action land Use File No. Ordinance No.Date
Comprehensive Plan NJA 5758 06/22/2015
Zoning NJA 5758 06J22 f 2015
Annexation N/A 5327 03/01/200$
5pringbroak Ridge Apt PUD LUAQ9-Q24 N/A 49/24j2009
Expired}
f_ . __ _ .
E PUSCIC SERVICES:
1. Exis#ing Utilities
a. Water: Water service is provided by Saos Creek Water and Sewer District.
b. Sewer: Sewer service is pravided by Soos Creek Water and Sewer District.
c. SurfacelStorm Water: There is partial starm water conveyance systems along Bensan Drive S,
Benson Rd S,and SE 172"d St.
2. Streets: There are partial street impravements along Bensan Drive S, Benson Rd S, and SE 172°St.
3. Fire Protectian:City of Rentan Fire Department
f APPLfCABLE SECTtQNS OF THE REN7(?N MUNICIPA!CODE.
1. Chapter 2 Land Use districts
a. Section 4-2-020: Purpose and Intent af Zoning Districts
b. Sectian 4-2-070:Zoning Use Table
c. Section A-2-110: Residential Development Standards
Z. Chapter 3 Enviranmental Regulations
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community&Ecanomic Development Hearing Examiner Recommendatinn
AVANA R/DGE PUD s LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 4 of 44
a. Section 4-3-100: Urban pesign Regulatians
3. Chapter 4 Property Qevelopment Standards
4. Chapter 6 Streets and Utility Standards
a. Section 4-6-060: Street Standards
5. Chapter 9 Permits—Specific
a. Section 4-9-150: Planned Urban Development Regulations
6. Chapter 11 Definitions
C,. APPLICABLE SECTlONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
H. fINDllUGS Of fAC7'(FQf):
1. The applicant is requesting a Preliminary Planned Urban Development (PPUD) and Environmenta!
SEPA} Review far the construction of a multi-family development containing 74 units, in two four-story
StCUCtlIC S.
2. The subject site is currently vacant.
3. The development would be comprised of two separate multi-family residentiai structures resulting in a
density of 20.21 du/ac. 7he proposed 74 units would be comprised af (28) 1-bedroam units, (29) 2-
bedroorn units, and {17 3-bedroom units.
4, The Planning Division of the City of Renton accepted the above master application far review on
pecember 3p, 2015 and determined the application complete on lanuary 13, 2016. On February 15,
2016 the project was piaced on hold pending receipt of an Independent Secondary Review of the
provided Traffic Study. The applicant submitted ali necessary documentation and on March 3Q, 2016
and the project was taken off haid. The project complies with the 120-day review period.
5. The project site is located on the northwesterly corner of the intersection of Benson Drive S and Benson
Rd S. The site is triangularly shaped and consists of two separate tax parcels (Parcel #292305-9009 and
292305-9148),totaling 164,828 square feet in area (3.78 acres}.
6. The site is located within the Residential Mult's-Family {RM-F) zoning clas ificat"son, the Residential Nigh
Density (NO)Compre rensive Plan land use designation,and Design District 'B'.
7. Surraunding uses include: a daycare facility abutting the property ta the east (zoned RM-F}; existing
single family residences to the north (zaned R-8}; southeast af the site, along 108th Ave SE, a vacant
parcel (zoned RM-F); and across Benson Drive S, to the west, uses cansists of multi-family, public
storage, and a dental office zoned CA).
8. Access to the site is proposed via SE 172nd St, between the east and west buildings, and another
ingress/egress point via Benson Rd S. The two access paints create a through road for emergency
vehicle ingress/egress across the property.
9. The proposal is served by a surface parking area to the south of the two structures, flanking the main
access drive. A tatal of 94 parking staHs waufd be provided in the surface parking area. An add'rtional
20-parking stalls wo ld be provided along the street.
NEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA R/DGE PUD LUAIS-000894,PPUD,ECF
Report of May 3, 2016 Page 5 of 44
10. Pursuant to the City of Renton's Environmenta) Ordinance and SEPA (RCW 43.21C, 1971 as amended),
on April 11, 2016, the Environmental Review Committee issued a Determination of Non-Significance -
Mitigated (DNS-M) for the Avana Ridge PUD project. The DNS-M included three mitigation measures
Exhibit 20). A 14-day appeal period commenced on April 15, 2016, and ended on April 29, 2016. No
appeals of the threshold determination were filed.
11. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee
ERC) issued the following mitigation measures with the Determination of Non-Significance—Mitigated:
a. An updated Coal Mine Hazard Report shall be submitted demonstrating the proposal will not
increase the threat of the geological hazard to adjacent or abutting properties beyond pre-
development conditions and the development can be safely accommodated on the site. The
report shall also discuss any measures employed in the final site/building design which serve to
mitigate coal mine subsidence risk. If no measures are employed, the applicant shall provide
justification for the exclusion of additional measures. The updated Coal Mine Hazard Report
shall be submitted to, and approved by, the Current Planning Project Manager prior to
engineering permit approval.
b. One (1) Electronic Speed Radar Sign shall be installed in the northbound direction on both 106th
Ave SE and 104th Ave SE. The applicant shall install the signs, mounting poles, and associated
equipment, at the direction of the City. All improvements shall be included in the engineering
permit submittal for review and approval, and shall be constructed prior to temporary
occupancy.
c. The applicant shall provide an off-site sidewalk, along the south side of SE 172nd St and the west
side of Benson Rd S, approaching the intersection. The width of the off-site sidewalks shall be
consistent with the widths proposed along the frontage of the subject site. ADA ramps shall also
be constructed at the southwest corner of the intersection. Finally, a street lighting analysis is
required to be conducted by the developer at the southwest corner of the intersection of SE
172nd St and Benson Rd S. If necessary, required street lighting shall be provided according to
City standards. All improvements shall be included in the engineering permit submittal for
review and approval, and shall be constructed prior to temporary occupancy.
12. The tallest point of the structure would be approximately 46 feet and 5-inches from the average grade
plane to the highest peak of a shed roof element. The proposed building materials would be a
combination of concrete masonry, brick, metal canopy, cast-inplace concrete, fiber cement board, and
wood elements. All concrete walls are proposed to be treated with texturing and/or reveals. (Exhibit 4).
13. Requested Modifications from RMC through the PUD: When approving a PPUD,the City may modify
standards (RMC 4-2,4-4,4-7, and RMC 4-6-060 Street Standards, except as listed in RMC 4-9-1506.3).
All of the following modifications are required to be considered simultaneously as part of the planned
urban development:
RMC Code Citation Required Standard Requested Modification
RMC 4-2-110A Roof pitches are required to be equal This proposal includes a roof pitch
Development to or greater than 4:12 and may of 2:12
Standards for project an additional six (6) vertical
Commercial Zoning feet from the maximum wall plate
Designations- Roof height.
Pitch
RMC 4-2-110A A maximum building height of 3 The proposal includes a height of
Development stories with a wall plate height of 30 46-feet and 5-inches as measured
Standards for feet is permitted. from average grade plane to the
Commercial Zoning tallest point of the shed roof
HEX Staff Report Avana Rrdge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA RIDGE PUD LUAIS-000894,PPUD,ECFT_..--- ----
Report of May 3, 2016 Page 6 of 44
Designations- Roof elements.
Pitch
RMC 4-6-060F Street Various: See discussion in Table C: Various: See discussion under FOF
Standards PUD Criteria -Circulation xx: PUD Criteria -Circulation
RMC 4-3-100 Urban Various: See discussion in Table E: Various: See discussion under FOF
Design Standards Design District 'D' Standards xx: Design District 'B' Standards
RMC 4-4-080F, Based on the proposed use, a The applicant proposed a total of 94
Parking, Loading, and minimum and maximum of 96 parking spaces within surface parking areas.
Driveway Regulations spaces would be allowed in order to The proposal does not comply with
meet code. the minimum parking stall
requirements.
RMC 4-4-090, Refuse There shall be at least one deposit The proposal includes a single
and Recyclables area/collection point for every thirty refuse/recycle storage location
Standards 30) dwelling units. centrally located, between both
buildings at the center of the site.
RMC 4-4-040, Heights are limited to 48 inches for A section of the keystone-type wall
Retaining Wall Height retainingwalls located within front located near the monument sign at
yard/side yard along-a-street the Benson Road/Benson Drive
setbacks, and 72 inches for walls else intersection is proposed at a height
where on site. of 5.5 feet. A section of the
keystone-type wall located near the
monument sign at the Benson
Road/Benson Drive intersection is 5
feet and 6-inches tall.
RMC 4-9-150.E.2, Each residential unit in a PUD shall The current proposal provides
Private Open Space have usable private open space for the 4,156 SF of private, attached open
exclusive use of the occupants of that space through the use of private
unit in compliance with dimensional balconies for some of the units
standards. which does not comply with the
dimensional standards.
14. There are a total of 429 trees on site of which 46 trees are proposed to be retained outside of the
critical area and buffer.
15. An unnamed seasonal stream, characterized as Ns pursuant to RMC 4-3-050, bisects the northern and
southern portions of the site and runs east to west. The applicant is proposing buffer averaging and a
stream alteration pursuant to RMC 4-3-OS0. A Wetland and Supplemental Stream Study was
performed by Sewall Wetland Consulting, Inc.on December 22, 2015 (Exhibit 10).
16. A historic coal mine, known as the Springbrook mine, as well as its associated opening is also located on
the site near the south property line. The coal mine is designated as a High Coal Mine Hazard pursuant
to RMC 4-3-050. A Coal Mine Hazard Assessment was performed by Icicle Creek Engineers, Inc. on
March 22, 2004 and January 20, 2009 (Exhibits 7 and 8).
17. Preliminary earthwork for the proposal includes 11,000 cubic yards of excavation and 3,250 yards of fill.
18. Construction is anticipated to commence in Summer of 2016 with substantial completion scheduled for
Summer of 2017.
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA RIDGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 7 of 44
19. Studies provided by the applicant include a stormwater report, traffic study, habitat assessment,
wetland and supplemental stream study, arborist report, geotechnical and a coal mine hazard report
Exhibit 6-13, and 15).
20. Staff received several traffic related comments/concerns. Also included in the comments letters were
concerns related to: access, open space, street improvements, drainage,wildlife, density, and quality of
life (Exhibit 16). Non-SEPA concerns include, but are not limited to the following: zoning, permitted
uses, density, construction mitigation/traffic control, crime, landscaping, access, parking, retaining
walls, setbacks, utilities, public services, and home sizes. No agency comments were received.
21. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file,
and the essence of the comments has been incorporated into the appropriate sections of this report
and the Departmental Recommendation at the end of this report.
22. Comprehensive Plan Compliance: The site is designated Residential High Density (HD) on the City's
Comprehensive Plan Map. HD unit types are designed to incorporate features from both single-family
and multi-family developments, support cost-efficient housing, facilitate infill development, have close
access to transit service, and efficiently use urban services and infrastructure. Lands designated HD is
where projects will be compatible with existing uses and where infrastructure is adequate to handle
impacts from higher density uses. The proposal is compliant with the following Comprehensive Plan
Goals and Policies if all conditions of approval are met:
Compliance I Comprehensive Plan Analysis
J
Policy L-2: Support compact urban development to improve health outcomes, support
transit use, maximize land use efficiency, and maximize public investment in
infrastructure and services.
Goal L-H: Plan for high-quality residential growth that supports transit by providing
urban densities, promotes efficient land utilization, promotes good health and physical
activity, builds social connections, and creates stable neighborhoods by incorporating
both built amenities and natural features.
Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas
and neighborhoods through quality design and development.
Policy L-51: Respond to specific site conditions such as topography, natural features,
and solar access to encourage energy savings and recognize the unique features of the
site through the design of subdivisions and new buildings.
Policy L-52: Include human-scale features such as pedestrian pathways, quality
landscaping, and public spaces that have discernible edges, entries, and borders to
create a distinctive sense of place in neighborhoods, commercial areas, and centers.
Policy L-53: Orient buildings in developments toward the street or a common area,
rather than toward parking lots.
Policy L-57: Complement the built environment with landscaping using native,
naturalized, and ornamental plantings that are appropriate for the situation and
circumstance and which provide for respite, recreation, and sun/shade.
HEX Staff Report Avana Ridge PUD_lUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Econamic Development Hearing Examiner Recommendotion
AVANA RIDGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 8 of 44
23. 2oning Development Standard Campliance: The RMF Zone provides suitable environments for multi-
family dweliings. It is further intended to conditionaily allow uses that are compatible with and support
a muiti-family environment.The RMF ailaws for the development of bath infill parcels in existing multi-
family districts with campatible projects and other multi-famity development. Densities range from ten
10) to twenty(20} du/acre with opportunities for bonuses up to twenty five (25) dwelling units per net
acre. The proposal is compliant with the following development standards if all conditions of approva(
are met:
Comptiance RMF Zone Deve3ap S#andards and Analysis
Density: There is no minimum density requirement for townhouse development in
the RMF zone. The minimum density required for other attached dwelling units is 10
dwelling units per net acre. The maximum density permitted is 20 dwelling units per
net acre. Net density is calculated after the deduction af sensitive areas, areas
intended for public right-of-way, and private access easements.
Staff Comment: After deducting 2,237 square,feet for access eosements and 4,015
square feet for critica/ areas, fram the 264,827 gross square faotage of the site, the
net square foatage would be 159,574 sguare feet (3.66 net acresJ. The 74 unit
proposa!wauld arrive at a net density of 20.22 dwelling units per acre (74 units j3.66
acres = 20.21 du/ac1, which fa!ls within the permitted c ensity range for the RMF
zoning classifkation.
Lat Dimensians: There is no minimum iot size required in the RMF zone. A minimum
lot width af 25 feet is required (30 feet far corner lats)for townhouse development. A
minimum lot depth af 50 feet is required for townhause development.
Staff Comment: The praposal does not indude a/terations to lot lines.
tot Caverage:The allawed lot coverage is 35°la. A maximum coverage of 4 5°lo may be
allowed thraugh the Hearing Examiner site devefopment plan review pracess.
Staff Comment: The lat coverage for the entire development is at approximately
13.8%.
Setbacks:The rec}uired setbacks attached dwellings in the RMF zone are as follaws:
frant yard is 20 feet, the side yard is 0 feet for the atiached sides and 5 feet far the
unattached sides (per Cl-76}, side yard along the street is 2Q feet, and rear yard is 10
feet.
Staff Comment: The praposed buildings would have a front yard setback af 20 feet
and from the front(SE 172"St)property line which exceeds the maximum frant yard
Compliant if sefback. The proposed west-bui ding wou/d have a side yard along-a-street setback of
Canditions o, 24 feet from the Bensan Drive/SR 515 which exceeds the maximum side yard a/ong-a-
Approvat is street setback. The side yard setback,from the eastern praperty line is 33 feet and 4-
Mer inehes exceeding the 5 foot requirement. 7'here is not a rear yard for the site g+ven
street frontages surrounding the site.
The project is however proposed to be built across a partian of the common boundary
between existing property lines. Therefare, staff recommends as a condition of
approval the applicant be required to record formal Lot Cambination or Binding Site
Plan in order to ensure the praposed buildings are not built across property lines. The
instrument shall be recorded prior ta building permit approval.
Requested ta Building Standards. The RMF zane has a maximum impervious surface coverage o#
be Madified 75%a.A Cade Interpretation {Cl-73) {Exhibit 21}was adopted regarding building height
HEX Staff Report Avana Ridge PUp LUA15-000894
AGENDA ITEM #8. b)
City of Rentan Department of Community& Ecanomic Developrnent Hearing Examiner Recornmendation
AVANA R/DGE PUD LUA15-000894,PPUD, ECF
Report of May 3, 2016 Page 9 of 44
Through the requirements in residential zanes. In the RMF zone, a maximum building height of 3
v stories with a wali plate height af 3d feet is permitted. Roofs with a pitch equal to or
greater than 4:12 may project an additional six (6) vertical feet from the maximum
wall plate height; common rooftap features, such as chimneys, may project an
additional four(4}verticai feet from the raof surface. Non-exempt vertical projections
e.g., decks, railings, etc.j shali nat extend above the maximum wall plate height
uniess the projection is stepped back one-and-a-half (1.5) horizontal feet from each
fa ade for each ane (1)vertical foot above the maximum wall plate height. Reserved.
Wall plates supporting a roof with only one (1) sloping plane (e.g., shed roof may
exceed the stated maxirrtum if the average of wall plate heights is equal or less than
the maximum wall plate height allowed.
An additional ten feet(10') height for a resident+a(dweliing structure may be obtained
thraugh the pravisian of additianal amenities such as additianal recreatian faciiities,
underground parking, and additianal landscaped apen space areas; as determined
through the site developmen# plan review pracess and depending on the
compatibility of the propased buildings with adjacen# or abutting existing residential
devefopment. fn no case shall the maximum wali plate height of a residential
structure exceed thirty-five feet(35'}.
Requested to be modified khrough the PUD
Staff Comment: The overall praject has less impervious surface than otherwise wauld
be expected. Based on the provided T R the site wauld contain approximately 40.1%
impervious surfaces for the overall site. This would include building areas, associated
wa/kways, driveways,parking and drive aisles.
The tallest point of the structure would be approximately 46 feet and S-inches fram
average grade to the highest peak af the tallest shed roof element. The PUD seeks ta
modify the minimum pitch from 4:12 to 2:12 as weN as the maximum wall plate
height. The requested mod+fication wou/d stNl give the appearance of pitched shed
roof from rhe pedestrian perspective fExhibit 22). The varied cambination af parapet
and roof s/ape, combined with cornice detai/s and trellis elements achieve a visua/ly
interesting break rn the roafline intended ro be created with roof pitch requirement.
The propased roof profiles effective/y achieve the intent of the cade by breaking up the
massing and providing vrsual int-erest to the build+ng raoflines. AdditionaHy, the
proposed height serves to concentrate deve/opment+n orre area of the site preserving
opportunities for meaningfu!open spnce.
Therefore, staff is in suppart of the requested roof pitch and height modification, as
part af the PUD, if all conditions of approval are met.
Landscaping: The City's landscape regulations (ftMC 4-4-07Q} require a 10-foot
landscape strip along all public street frantages. Additiana4 minimum planting strip
widths between the curb and sidewalk are established according to the street
Compliont tf
velopment standards of RMC 4-6-Q60.
Canditians o Staff Comment: Tfre applicant i as proposed /andscaping a/onq the frontages of the
Approvat is s,te (Benson Dr+ve S, Benson Rd S, and SE 172°St) exceeding the 10 foat landscape
Met
requirement. i"he applicant has alsa thougirtfully incorporated landscaping
throughout the s+te in arder ta create active and passive recreatian apportunities as
well as to separate parking and drive aisles into smaller areas.
A conceptual landscape plan was submitted witn the project application (Exhibit 3J.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community&Economic Development Nearing Examiner Recommendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 10 of 44
The landscape plan includes a planting plan which contains severa!different tree and
shrub species but daes not pravide specific detail far the nurnber or types of trees and
shrubbery. Therefore staff recommends, as a condition af approval, the applicant be
required to submit a detailed/andscape plan to the Current Planning Praject Manager
prior to construction permit approva/complying with RMC 4-4-070.
See additiana! dlscussion betow in fC?F 26: PtJD D C1510n Criteria,
andscaprngjScreening.
Tree Re#ention: The City's adopted Tree Retention and Land Clearing Reguiations
require the retention of 20 percent of trees in a residential development.
Significant trees shall be retained in the fo4lowing priority order:
Priarity One: Landmark trees; significant trees that form a cantinuaus canopy;
significant trees an slopes greater than twenty percent (20°10); Significant trees
adjacent to critical areas and their associated buffers; and Significant trees over sixty
fieet(60') in height or greater than eighteen inches{ 18")caliper.
Priority Two: Healthy tree groupings whose associated undergrowth can be
preserved; other significant native evergreen or deciduous trees; and Other
significant non- native trees.
Priority Three: Alders and cottonwoods shall be retained when alf other trees have
been evaluated for retention and are nat able to be retained, unless the alders andf
or cottonwoods are used as part of an approved enhancement project within a
critical area or its buffer.
Far multi-family development, the minimum tree density is four (4} significant trees
for every five thousand (5,000} square feet. The tree density may consist af existing
trees, replacement trees, trees required pursuant to RMC 4-4-070F1, Street Frontage
Complianiif andscaping Required,or a combination.
Conditivns af
Appravat is Staff Camment: The site is turrently forested with mixed canapy daminated by
Mer pouglas fir, red cedar, big leaf map/e, Scou/er's willow, and black cattanwood. The
site's understary is dominated by /ndian p/um, hazelnut, Himilayan b/ackberry, sword
fern, and creeping b/ackberry. The applicant pravided a Tree Protectian Plan/Arbarist
Repart, completed by Greenforest Inc., dated December 16, 2015 (Exhibit 13J. Based
on the provided tree inventory, 429 trees are lacated on the subject site. There are
114 trees located in critical areas and associated buffers; 67 trees were identified as
dead, diseased, or dangeraus; and 37 trees wou/d be located within proposed rights-
of-way. This results in the exclusion of 218 trees fram retention calculatians. As such,
211 trees were utilized to calculate retention requirements af 20% of the significant
trees located an the site.
Therefore, the applkant wou/d be required to retarn at least 42 trees on srte. The
provided Tree Retention Plan depicts the retention of 46 trees autside af the critical
areas and their associated buffers which serves to meet tree retent on requirements
Exhib t 13).
Additionally, tite project site is approximately 165,000 SF square feet. As a resu/t, a
total af 132 trees are required to be located on the srte in order to meet tf e tree
density requ+rements of tire cade (165,000 square feet/5,000 square feet x 4 trees =
132 trees). The appJicant's prapased landscape p an inc/udes the p/anting of severa
trees, in addition to the 4b trees proposed for reientfon, but does not pravide specific
detail for the number or rypes of trees. Therefore, staff recommends as a conditio» of
HEX Staff Report Avana Ridge PUp_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Comrr?unity&Economic Develapment Mearing Exarrriner Recamrrtendatian
AVANA R/DGE PUD LUA15-Q00$94,PPUD,ECF
f_ w---.__..__ —.__—._—._,._.—
Report of May 3, 2016 Page 11 af 44
appraval, the applicant be required to submit a detailed landscape p/an depicting at
least 132, twa-inch caliper, trees (or the gross equivalent inchesl on site; nat including
the those trees located within the Native Growth Protection Easement. The detailed
landscape p/an shall be submitted to, and appraved by, the Current Planning Praject
Manager prior to construction permit approval.
Parking. The parking regulations, RMC 4-4-080, require a specific number of aff-
street parking stalls be provided based on number of bedraoms proposed per unit.
Repuested to be modified tF rouph the PUD
Staff Camment. The following ratios would be app icable to the site:
Use residentia/units Ratio Required Spaces
Attached 28—1 bedraoms 1.0 spaces f 1-bedroom 28
Residential
29_2 bedroams 1.4 spaces j2-bedroom 41
Units
17—3 bedrooms 1.6 spaces/3-bedroom 27
ased on the proposed uses, a minimum and rnaximum of 96 parking spaces wauld 6e
required rn order to meet code. The appticant is proposing a total of 94 spaces within
structured and surface parking areas. The praposa/ does not campty with the
minimurra requirements by two statts. 7he appticant r`s proposr'ng to modify the
Requested ta J jmum parking requirements through the PUD.
be Modified
Throuqh the While the proposal does not meet the minimum number of parking stalls required by
PUD cade the requested modification conforms to the intent and purpose of the parking
regulations by providing sufficient on-site parking for the amaunt necessary for the
new development. The applicant is requesting a very small reduction, of/ess rhan 3%.
Additionally, the proposal includes 20 puta ic stalls provided a/ong SE 172"d St which
would serve as overflow parking for the propasal. Therefare, staff is in support of tf e
requested modification, as part of the PUD, if alJ conditions of apprava/are met.
The parking conforms to the minimum requirements for drive aisle, parking stall,
dimensions and the provision af ADA accessible parking stalls.
Per RMC 4-4-080F.I,T the num6er of b+cycle parkir g spaces shal! 6e ane-haif (0.5)
bicycle parking space per dwelling unit for a totat of 37 bicycle parking staNs. The
applitant is propasing 21 bicycle parking spaces within a bike room in the West
building. An additiona! 20 bicycle parking spates would be prauided within a bike
room in the East 6uilding, for a tota/ of 41 spaees. The appticant wr!l be required to
demonstrate spaces meet the requirements of R11rJC 4-4-OSOF.11.c as part of building
permit applrcatrans.
Refuse and Recyctabies: Per RMC 4-4-090 for multi-family developments a minimum
of 1 % square feet per dweliing unit is required for recyclabie deposit areas and a
minimum of 3 square feet per dwelling unit is required for refuse deposit areas.
Requested ta
There shall be at least ane deposit area/callectian point for every thirty (30) dwelling
be Modified units,
rhrough the Staff Comment. Based on the praposa!for a total 74 residential units, 333 square feet
PUD
of refuse and recyde area us required to be dedkated. The proposal inrludes a 436
square foot area dedicated to refuse and recyde which complies with the area
dedication requirements.
Thraugh the PUD the applrcant is requesting a madificatian in order ta provide a
NEXStaff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Com.^unity&Economic Deve%pment Hearing Examiner Recommendcrtion
AVANA RIDGE PUD LUA15-OQ0894,PPUD,ECf
Report of May 3, 2Q16 Page 12 of 44
combined refuse/recycle enclosure. The refuse/recyde storage location wou/d be
central/y lacated between both buildings at the center of the site, away from public
view. Ta reduce architectura! bulk and scale the twa separate/y-required storage
locations have been proposed in one enclosure. A single enclosure would provide ease
of access to residents of both buildings in additian to allowing for one, easily-
accessib/e, pickup point for waste management services. Therefore, staff is in support
of the requested modification, as part of the PUD, if all conditians of approval are
met.
See additiona/ discussian be/ow in FOF 29: Design Distrrct Review, Service Eler»ent
Design and Locarion.
Fences and Retaining Watls: In any residential district, the maximum height of any
fence, hedge or retaining wail shali be seventy two inches (72"). Except in the front
yard and side yard along a street setback where the fence shall not exceed forty eight
inches(48"} in height.
There shall be a minimum three-foot (3') landscaped setback at the base of retaining
waUs abutting public rights-of-way.
Requested to be modified thrvuqh the FUD.
Staff Comment: The site can best be characterized as hil/y generaCty sloping south
taward the stream on site and Benson Drive S. S/opes on-site range from 8 to 15%
with a topographic relief of approximate/y 35 feet. The steepest slope on the site is
approximately 20°o in the proximity of the stream an site. The proposal complies with
the retaining wa/l height requirements of the cnde with the exceptions of two areas
on site.
A section af the keystone-type wr ll proposed near the manument sign at the Ber son
Road/Benson Drive ir t ersectinn is S eet and 6-inches tall. 7his wall would face the
street. Imposing the 4 foat maximum height wau/d Fequire a 4 foot wide terrace and
Reguested to add 1Q5 linear feet of a 2.0- to 1.5 foot ral/ wall. The wal!would a so equire removal
be Modified vf three additiona/trees.
Through the
PUD Additionarly, a section of Che keystane-type wall proposed along the east side of the
east building reaches 6 feet and 6-inches tall, exceeding the 6 foot maximum. This
wall would face the proposed building. The excess height +s preferabie to a terraced
confrguration because it provides a contiguaus landscape buffer. The walJ cau/d be
limited to 6 feet by steepening the grade of the landscape 6uffer. However, this was
not pursued in an effort to mirrimize vrsual impacts ta the adjacent day care faciliry
thraugh the use of Jandscapirrg.
The requested modifications to the retaining wa/l height requirements are minimal in
bath cases and strict compliance wau/d create impacts such as the removal of existing
vegetation or the interruption of landscape buffer. However, given the location of the
wal/s are adjacent to, or in many cases within, rights-af-way the proposal would very
much benefit from Jandscaping between the sidewalk and praposed retaining walls in
order to provide visua/ relief. The code requires a minimum t hree foot landscaped
setback at the base of retaining walls abutting public rights-of-way. Therefore staff
recommends, as a conditian af approval, the applicant submit a revised landscaping
p/an depicting a minimum three faot Jandscaped setback from the sidewalk at the
base of retaininq walls abutting, or within, public rights-of-way. Candscaping shall
include a mixture of shrubs and groundcover(trees are optianatJ in confarmance with
the standards of RMC 4-4-070H4, Perimeter Parking tot Landscaping. The revised
HEX Staf Repart Avana Ridge PUR_LUA15-QQ0894
AGENDA ITEM #8. b)
City of Renton Department of Cornmunity&Ecanomic Develapment Hearing Examiner Recommendation
AVANA R/DCyE PUD LUA15-000894,PPUD,EtF
Report of May 3, 2016 Page 13 of 44
landscaping plan shall be submitted to, and approved by, the Current Planning Project
Manager prior ta engineering permit approval.
Staff is in support o,f the requested madrfrcation for the retaining wa!l heighr, as part
of the PUD, if a!1 canditions of approva/ are complied with indudrng the provision of
andscaping between the sidewaNk and the retaining wcrll.
24. Critical Areas: Project sites which contain critical areas are required to comply with the Critica! Areas
Regulations (RMC 4-3-050). The proposa! is consistent with the Critica! Areas Regulations, if all
conditions of approval are complied with:
Geoiogicaily Nazardous Areas:
Staff Carr ment:A coa/mine was operated historica(ly within the southern partion af
the site, alang the southwesterly property line. According to the Coa/Mine Hazard
Study,prepared by Icide Creek Engineers on January 26, 2009, the coal mine is
designated a High Caa/Mine Hazord(CHJ as defined by RMC 4-3-050(Exhibir 8). The
dassification was affirmed by Earth So/utions IVW in the provided Geotechnical Report
Exhibit 6J.
High Caa!Mine Hazards are considered areas with a6andoned and improperly sealed
mine apenings and areas underlain by mine warkings shallawer than 200 feet in
depth for steeply dipping seams, or shaJlawer than 15 times the thickness of the seam
or workings for gently dipping seams. These areas may 6e trffected by coilapse ar
other subsidence. The rrtain entry and arrshaft for the Springbrook mrne is also
t'ompliant rf located on srte. lcicle Creek Engineers encauntered approximately IS feet of fill at
ronditran of whot ap ears to 6e the mine entry, estimated to be S to S feet in diameter, and
appravat is inclrned at approximately SS to 60 degrees ta the south jExhibit 8).
met
Severa/ recommendations to mitigate potential risk of the coal mine hazard/former
entry were included in the Icicle Creek Engineer report, including the excavation of the
fill at the mine entry and backfilling with contralled density fill (Exhibit 8J. However,
these recommendations were based on a former deve/opment praposal which
included structures in the southern portion of the site. The propased deve/opment is
setback approximately 125 feet from rhe coal mine hazard and would likely not have
the same impac#s as the former development. However, there are some grading
activities and smal/er recreational improvements in the proximity of the coal mine
hazard which may patentially be affected by mining re/ated subsidence.
A mitigatian measure was issued requiring an updated Coa/ Mine Hazard Report
demonstrating the proposa/would not increase the threat of the geo/ogical hazard to
adjacent ar abutting properties beyond pre-development conditians and the
deve/opment can be safe/y accommodated on the site(Exhibit 20J.
Streams:
Staff Comment: The applicant submitted a Wet/and and Supplemental Stream Study,
prepared by Ed Sewel/ Consulting Inc., dated December 22, 2015 (Exhibit 10J. The
report states there are na wet/ands located on site. An unnamed seasonal stream
Stream AJ has been identified on the subject site. Stream A bisects the northern and
sauthern portions of the site and runs from east to west. As defined by RMC 4-3-
050.G the stream best meets the criteria of a Type Ns stream due to its intermittent
flaw and lack of fish use. Class Ns streams have a standard buffer af 50 feet as
measured from the Ordinary High Water Mark (OHWM) as well as a 15foat setback
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Econamic Development Hearing Examiner Retommendation
AVANA RIDC;E PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 14 of 44
frnm the edge of the buffer to any structure. The applicant is proposing buffer
averaging for portians of the stream buffer. Additionally, the applicant is propasing
an alteratian within the stream and its associated buffer far a pedestrian crossing. It
shou/d be noted that the Na6itat Biologist for WDFW concluded the on-site stream is
not a jurisdictional water, or a "water of the state". As a resu/t no Hydraulic Permit
Approval(HPAJ permit is required from Washington Department of Fish& Wild/ife.
Stream Buffer Averaqinq Propospl:
RMC 4-3-OSQ.l,1 allows for critical area buffers to be reduced to no less than a 25-faot
tnrnimum for Type Ns streams. The aaplicant has proposed buffer averaging, with
reductions of the buffer down to 25 eet, for Stream A. Overall the appticant is
proposing buffer reductions in the amount of approxirr ate/y 8,&35 square feet to be
mit gated with buffer additians in the atnount of approximate/y 9,527 square feet.
The applicant is a/sn proposing buffer enhcrncement for those portions of the 6uffer
which would be reduced. Pursuant to RMC, buffer width averaging may be allowed by
the reviewing offida!only where the applicant demonstrates al!of the following:
i. There are existing physical irnprauements in or near the water 6ody and
assaciated riparian area;and
ii. 8uffer width averaging will result +n na net /oss of stream/iakejriparian
eco/ogical function;and
iii. The tota area contained within the buffer after averaging is na /ess than
that contained within the required standard buffer width prior to averaginq;
and
iv. The proposed buffer standard is based on consideratian af the best available
science as described in WAC 365-195-905,•and
v. Where the buffer width is reduced by averaging pursuant ta this subsection,
buffer enhancement shall be rec uired.
The existing stream buffer, whrch separates the north apartment buildrng area frorra
the southern open space, is mostly existing forest (primarily Alder and CottonwaodJ
with an understory dominated by invasive Himalayan b/ackberry. 7he buffer wnuld be
enhanced through the removal of the invasive bCackberries and other undesi ab/e
vegetation and replaced with native understory vegetatian. There are existing road
improvements within the buffer on bath the east and west sides of the stream. The
applicant's Supplementa/ Stream Study conc/uc}ed the buffer reduction, through
averaging, wau/d have the physical characteristics that can protect water quality and
functions of the stream on site(Exhibit 10J.
Staff has reviewed the stream buffer ave aging proposal for Stream A, and agrees
that the proposa/ meets all requirements found in RMC 4-3-D5Q.1.1. However, the
pravided stream study does nox ndude a demonstration of rampliance with criteria
faund in RMC 4-3-OSQ.H.2. Therefore, staff was unable to verify that through the
enhancement of the buffer and the use of low rmpact deve/opment strateg es the
reduced buffer wi!!functian at a higher level than the standard buffer. While staff
believes the proposa!for a reduced buffer wouldn't negatively impact the function of
the stream, this cou/d not be affirmed. As a resu/t staff is recommer ding a condition
of apprava!requiring the applicant subrrait a revised Mi igation lan which ac dresses
the criteria faund in RMC 4-3-OSO.H.2 demonstrating the reduced buffer wauldn't
negatively impact the function af the stream. The revised mitigation plan sha!l be
submitted to, arad approved by, the Current Planning Project Manager prior to
engineering permit approval.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Rentan Department of Community&Economic Development Hearing Examiner Recornmendation
AVANA RIDGE PUD LUA15-000$94,PPUD,ECF
Report of May 3, 2016 Page 15 of 44
Stream Alteration Proposal:
RMC 4-3-QSO.l.2.a al/ows for the construction of non-vehicu/ar transportatian
crossings. The applicant has prnposed a pedestrian bridge trai'crossing ave Stream
A. Pursuant to RMC, crossings may be permitted by the reviewing official on/y where
the applicant dernonstrates al!of the foltowing:
i. The proposed route is determined to haue the least impact on the
environment, while r»eeting City Camprehensive P1an Transportation
Element requirements and standards in RtV1C 4-6-d6Q;and
ii. The crossing minim+zes interruption of downstream movement af wood and
gravel;and
iii. Transpartation facilities in buffer areas shal not run paralle/ to the water
body; and
iv. Crossings occur as near to perpendicu/ar with the water body as possible;
and
v. Crossings are designed according to the Washingtan Department af Fish and
Wildlife Fish Water Crossing Design Guidelines, 2013, and the National
Marine Fisheries Service Guidelines far 5a/monid Passage at Stream
Crossings, 2000, as may be updated, or equiva/ent manuals as determined
by the Administrator;and
vi. Seasona work wrndows are r etermineci and made a condition of appraval;
and
vii. Mitigation criterra of subsection L af this Sertion are met.
The proposed path wou/d connect the north and south sides af the buffer, crossing
over Stream A, via a pedestrian bridge. The bridge would also serve to cannect ti e
propased structures to the proposed apen space on the souti ern portian of the site.
The bridged trai! crossing would be /ocated within a narrow portion of the stream,
above the ftow path of water, and wou/d be perpendicular to t e water body.
Staff has reviewed the a/teration proposa/for the bridge across Stream A, and agrees
that the proposal meets all requirements found in RMC 4-3-OSO,l.2. However, the
provided stream study does not include a demonstration of compliance with criteria
found in RMC 4-3-QSO.H.2. While staff be/ieves the propased bridged crossing
wouldn`t negatively impact the function of the stream, staff was unable to verify. As a
result staff is recammending a candition af approval requiring the applicant submit a
revised Niitigation p/an which addresses the criteria found in RMC 4-3-OSO.H.2
demonstrating the bridged crossing wou dn't negative y impact the function of the
stream. The revised mitigation plan shall be submitred to, and approved by, the
Current P/anning Project Manager prior to engineering permit approval.
ina/ly, in arder to preserve and protect the stream and its associated buffer staff alsa
recommends the applicant establish a Native Growth Protection Easement over that
part af the site encompassing the stream and buffer prea and place split rail fencing
and signage along the outer edge of the 6uffer. i"he Fina/ Mitigatian p/an shaH
include all specifications far fencing and signage and shall be submitted to, and
approved fay, the Current Planning Project Manager priar ta engineering permit
appraval.
25. PUD Applicabi{ity Standards: Rursuant to RMC 4-9-1508, any applicant seeking to permit development
which is not limited by the strict application af the City's zaning, parking, street, and subdivisian
regulations in a comprehensive manner shall be subject to applicability standards. The follawing table
HEX Staff Report Avana Ridge PUp LUA15-000894
AGENDA ITEM #8. b)
City of Renton Departme t of Community& Econamic Development Nearing Examiner Recommendation
AVANA R/DGE PUD LUA15-000894,PPUd,ECF
Report of May 3, 2016 Page 16 of 44
contains project elements intended to comply with applicability standards, as outlined in RMC 4-9-
1506:
Compliance PUD Appficability Criteria and Analysis
In approving a planned urban development,the City may modify any of the standards
Compilant if of RMC 4-2, RMC 4-3-100, RMC 4-4, RMC 4-6-06Q, and RMC 4-7. All modifications
COA(I1'1Qq5 Of shall be considered simultaneously as part of the planned urban development.
Approval Are St ff eomment:All standards requested ro 6e madified are contarned within the cade
Met
sectrons tisted a6ove with the exception af the Private Open Space modification. See
discussion under fiOF 28:PUD Development Standards, Private Qpen Space.
An applicant may request additionai madifications from the requirements of the
Rentan Municipal Code. Approval for modifications other than those specifically
Campliantif described in subsection RMC 4-9-1506.2.a shall be appraved prior to submittal of a
Candittons o preliminary planned urban development plan.
Approva!are
Mer St ff ent: A!! requested modificatians are outlined a6ave under Finding 13.
Staff is in support af al! requested modifications, with the exception of the private
open space request, if all conditians of approval are complied wirh.
A planned urban development may not autharize uses that are inconsistent with
thase uses aliowed by the underlying zane, or averlay district, or other location
i restriction in RMC TitEe 4, including, but not limited to: RMC 4-2-010 to 4-2-080, 4-3-
010 to A-3-040,4-3-090, 4-3-095, and 4-4-010.
Staff Comment:Attached residential units are a permitted use in the RMF zone.
The number of dwelEing units shall not exceed the density al(owances of the
applicab(e base or overlay zone or bonus eriteria in chapter 4-2 or 4-9 RMC; hawever,
averaging density acrass a site with multiple zoning classifications may be al#owed if
approved by the Community and Ecanomic Deveiapment Administrator.
Staff Comment: The proposal complies with the density requirements of the zone. See
discussion in FOF 23:Zaning Development Standard Compliance.
26. PUQ Decision Criteria Analysis: Pursuant to RMC 4-9-150D, each planned urban develapment sha l
demonstrate compliance with the Planned Urban Development decision criteria. The following table
contains project elements intended to camply with the Planned Urban Deve{opment decision criteria,
as outlined in RMC 4-9-150D:
Compliance PUD Decisian Criteria and Analysis
Demonstra#ion of Compliance and Superiority Required: Applicants must
demonstrate that a proposed development is in compliance with the purposes of this
Section and with the Comprehensive Plan, that the praposed development wN! be
superior to that which would result withaut a planned urban development, and that
the development will not be unduly detrimental to surrounding properties.
Staff Camment: If the canditions of approval are met, the applicant will have
demanstrated cornpliance with the PUD regu/at+ons and the Comprei ensive P/an. The
applieant will have demonstrated that the development is super+or ta that wftich
wau/d resuJt without a PUD and requested modffications will not 6e detrimenta/ to
surrounding properties. The deve/opmen[ of this site as a PUD results in a super+or
design than what would resu{t by the strict application of the Development Standards
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Cornmunity& Economic Development Mearing Examiner Recommendatian
AVANA RIDGE PUD LUA15-000$94,PPUD,ECf
a .-_._--
Report of May 3, Z016 Page 17 of 44
for the fo/lowing reasons: natura/ features, averall design, and buildin and site
design. The proposed design provides far the retention of the natural grade on site,
significant trees and a noteworthy amaunt of landscaping and re-vegetation.
Additionally, the plan provides for bath active and passive recreation spaces
significantly beyond the standard cade requirements. The praposed design can
provide for the aforementioned amenities because of the modifications requested in
F F 13:Requested Modifications from RMC above.
The site is designated Residential Hrgh Density (MD) on the Camprehensive P/an tand
Use Map. See Compreherasive P(an analysis under FQF 22: CQmprehensive Plan
Analysis.
Pubiic Benefit Required: Applicants shall demanstrate that a proposed development will pravide
specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the
propased p(anned urban development, particuiarly those adverse and undesirable impacts to
surrounding properties, and that the proposed development will provide one or mare of the foilowing
benefits than would result from the development of the subject site withaut the proposed pianned
urban development:
a. Critical Areas: Protects critica!areas that would nat be protected otherwise to the
N/A same degree as without a planned urban developrr ent.
b. Naturat Features: Preserves, enhances, or rehabilitates natural features of the
subject praperty, such as significant woodlands, native vegetation, tapography,
or noncritical area wildlife habitats, not otherwise required by ather City
regulatians.
Staff Comment: The primary natura/features of the property include retention of 114
existing trees in the critica/ area, in addition to the 46 trees proposed for retention
outside the critical area. The number of trees proposed far retentian resu/ts in minimal
adverse disturbance to existing vegetation, minimize surface water and groundwater
runoff, aid in the stabilization of soils, minimize erosion and sedimentation, and
minimize the need for additional starm drainage facilities caused by the destabilization
Compliant i}' of soils. Additional/y, the cluster of trees praposed for retention wou/d serve to abate
Canditian o}' naise, provide wind protection, and reduce air pallution.
Approval is
Met
F'n«Y. the large /andscaped eommunity open space provided at the southern portion
of the site totaling 19,795 square feet and the 49,918 square eet o critica(area and
associated buffer wou/d remain in a vegetativejopen space state providing a
sanctuary for the animals that reside in tne area.
The trees proposed for retention may be +rnpacted after initial clearing,final grading,
due ta changing site conditions. Therefore staff recommends, as a conditian af
approval, the applrcant be required ta provide, to the Curre» Planning Praject
Manager, tree retention inspectianjmonitvring reports after initia! cleoring, fina!
grading, and annually for twa years by a quaJified professronal farester. The
inspettianJmonitarrng reports shalt identify any retarned trees that devetap problems
due to changing site conditrans and prescribe mrtigation.
c. Pubfic Facilities: Provides public facilities that could nat be required by the City for
NjA development of the subject property without a planned urban development.
d. Use of Sustainable Development Techniques: Design which results in a
j,q sustainable devefopment; such as LEED certification, energy efficiency, use of
alternative energy resources, low impact development techniques,etc.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Exominer Recomtnendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2p16 Page 18 of 44
e. Overall Design: Pravides a planned urban development design that is superiar to
the design that would resuit from develapment of the subject praperty withaut a
planned urban development.A superiar design may inctude the foliowing:
i.Open SpacelRecreatian.
aj Provides increased open space or recreational facilities beyond standard code
requirements and cansidered equivalent to features that wauld offset park mitigation
fees in Resolution 3082; and
b) Provides a quality environment through either passive or active recreatian facilities
and attractive common areas, including accessibility to buildings from parking areas
and public walkways;or
Staff amment: The applicant has provided a variety of recreation apportunities and
apen spaces throughout the development. Without the use of the proposed PUD the
applicant has indicated that the proposa!wauld have likety elimrnated the opportunity
for a cancentrated recreation space.
The applicant is praposing the construction of a large landscaped community open
space at the southern portion of the site. The community open space incorporates
active and passive space, with a central connecting sidewa/k linking the space to the
public righC-of-way. A central path and complementing pedestrian bridge crossing
wou/d be constructed to create an access point ta the community apen space from the
surface parking lat. The large area wou/d be ample usable space far passive recreation
and special events such as picnics,parties, weddings, movie night in the park, cancerts,
Compliant if etc;. promoting community invo/vement. Additionally, the space would take
Conditions af pdvantage af and dispiay the attractive territarial views ta the West. Finally, the space
Apprava/are w utd serve to preserve and enhance existing vegetation and natura/ character
M= through tree preservatian, remova! of extensive invasive B/ackberries, and
replacement with native understory vegetation to be maintained through the /ife of
the deve/apment.
The space features a large, central, gently sloping /awn for casua! seating and
recreation. The lawn is ariented to s/ope down towards an open pavilion whose
intended use includes perfnrmances, and cammunity gatherings. The pavilion is also
sited to capiure and frame the attractive territoria/views to the West.
A smatl fenced off-Jeash dog run is provrded at the east srde of the site between the
buffer and the parking lot among a grove af existing trees ro 6e preserved. The dog
run would be a pervrous woad-chip surface.
The app/icant has indicated that there is an opporrunity to include interpretive
signage/information regarding differentiating elements (trees, landscaping, drainage,
arci itect ure, etc.j of the proposed development at a strategic place(sJ on site. The use
of interpretive signage wau/d result in an increase in public benefit for the overall
project. Ti erefore, staff recommends as a condition of appraval the applicant provide
interpretive signagejinformation regarding differentiating elements (trees,
landscaping, drainage, architecture, etc.) of the praposed development at a strategic
p(ace(s) on site. The site p/an depicting the signage sha l be submitted to, and
approved by, the Current P/anning Project Manager prior to building permit/ina/P/at
apprava/wh+chever comes first.
The resident amenity lounge located on Leve/1 of the West building takes advantage
of outdoor space and integrates an outdoor plaza intended for gathering spaces,
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Rentan Department of Community&Economic Development Hearing ExamiRer Recomrrrendotion
AVANA R/DGE PUD LUA15-OOpS94,PPUD,ECF
Report of May 3, 2016 Page 19 of 44
barbecues, and lounge areas for a variety of opportunities for the residents. The area
opens up the western portion of the site and provides a softer building edge and brings
visual interest to what wou/d normal/y be cansidered the "side" elevation of the
project.
ii. Circulation/Screenin: Provides superior circulation patterns or lacation or
screening of parking facilities;or
Staff Comment: The proposal includes through access resulting in a superior circutation
pattern ro that of two separate entrances into the site wfrich do not connect. tn
additian ta through vehicular access the applicant is praposing to provide street
improvements along SE 172r°St, 8enson Road 5, and portions of 8ensan Drive S.
The project wou/d provide sufficient vehicle access for the proposed development and
the proposed public and private streets could accommodate emergency vehicles and
the traffic demand created by the development if all conditians of appraval are
complied with.
Atl surface parking areas are rnterna! to the project and are pulled away from
neigh6oring praperi ies. Where grades are steep, landscaping is proposed to screen
sur ace parking as rrruch as possi6le from pedestrian paths atang the perimeter of the
devetopment.
internal to the site, pedestrian pathways continue throughout the deve/opment along
the interna/ caurtyard and through the open space areas. The site design promotes
social interacrion and wou/d promote a leve/of safety achievab/e through the use of a
PUD. If all conditions of approval are complied with, the pedestrian circu/ation system
throughout the development would be well designed, would encourage wa/kability
throughout the neighbarhaod, and potentially reduce the vehicu/ar traffic and impacfis
on the neighboring community.
iii. Landscapin lScreenin: Provides superior landscaping, buffering, ar screening in or
around the propased planned urban development; or
S aff Comment: CanceptualJy, the proposed Jandscape plan for the entire site is
superior to what wauld be required by Rentan's Municipal Code (Exhibir 3).
Thematically the praposed landscapirrg weaves in a cansistent theme thraughout the
deve/opment and ties a!1 proposed open spaces together. The propased /andscape
plan inc/udes diverse candidate planting Jist: vine map/e, coral bark lapanese mapie,
katsura, Autumn briltiance serviceberry, dogwood, Washington hawthorn, flowerrng
crabapple, sargent cherry, Japcxnese snow6etl, A/asko yeNaw cedar, cypress, pine, fir,
Western cedcrr, and rraountain hemlock trees. The pra osed shru6 p/antrng list indudes
more than thirty shru6 options. The applicant would be required ta provide cx detaited
landscaping p/an prior to engineering permit approval with specifrc plant details.
The building and parking Iat/andscaping has been designed to meet severa/objectives
including: reductions in the overall sca/e of the building; breaking up of/arge areas of
parking lot pavement with interiar and perimeter landscaping; perimeter landscape
buffer and screening; help define circulatian routes and frame or enhance views;
provide environmenta benefits such as shade, improved air qua/ity, natural
stormwater treatment, and wildlife habitat.
Underground sprink/er systems are required ta be installed and maintained far al!
landscaped areas. The sprink/er system is required to pravide full water coverage of
the planted areas specified on the plan.
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community&Economic Development Hearing Examiner Recommendatiar
AVANA R/DGE PUD LUA15-000$94,_PPUD,ECF
Report of May 3, 2016 Page 20 of 44
Details for potential fencing were not provided with the application. Therefore, a
detailed fencing plan shal/ be provided identifying the location and specifications far
a1J fencing on site. A!l fencing shal/be made af quality materia/s in keeping with the
architectural aesthetic of the proposed structures. The fencing plan shal/be submitted
ta, and approved by, the Current Planning Project Manager prior to building permit
approval.
iv. Site and BuNdin Desi n: Provides superior architectural design, placement,
relationship or orientation of structures,ar use of solar energy;or
Sta{Comment: The p/acement of the bui dings an s+te would al/ow for natural ligirting
opportunities, and is respectfu/ of tf re neighboring residential-sca ed neighbaring
properties througi the use of modest/y-sloped roaf forms and adherence to building
set-back and landscape requ+remer ts.
The building placement al/ows the majority of the surface parking to be screened from
public rights-of-way and works together with the on-site landscaping to keep internal
service elernents screened.
The architecrural design af the praposed residenticrl building camplements the
character af the surrounding community through the use o residentiaily-scaled
windows, frequent r»odulation of the facades, and pedestrian friendly access points,
signage, and proposed p/an ings.
The p/acement of the buildings a/ong SE 172"Sfi allaws buffers and additiona/distance
from the other two rights-of-way (Benson Rd S and Bensan Drive SJ alang the
perimeters of the deve/apment. The buildings also serve to screen the parking from the
residential properties to the IVarth, and are pulled away from the neighboring day care
property to the East.
The applicant has reduced the scale of the develapment with the use af twa structures
as opposed to the consolidation of units into one structure. The two structures also
serve ta reduce cangestion on the site and allow for multiple views as well as
modulated facades cvmpared to one cantinuous structure.
A!f visible buildrng materials would fo!!aw a tohesive calar scheme. A variety of
materials and colors are 6eing prapased as part of the calor palette for the building
design aesfhetic. Materials wauld have a variety of patterns and textures induding
pane! cortfiguration, harizont a! board configuration and revea! patterns consistent
with window placement and proportion. The materia/ palette indudes concrete
masonry, brick, rnetal canopy, cast-in place concrete, fiber cemer t boar d, and waod
e/ements. A!l concrete walls wiN be treated with texturing andJor reveals. Artwark is
also propased throughout the community open space and at speci ic burldrng fa ade
locations.
Hawever, opportunities exist to enhance the building design in order to provide a
superior presence a/ang SE 172"St. As such, staff recommends a candition of approva!
requiring the provisian of addit+ona/ground leve/details jsee discussian under FO 29:
esign District Review, Ground tevel Detai s).
Building and Site Design.
Compliant if
Candition vf i. Perimeter: Size, scale, mass, character and architeetural design along the planned
Approvat r's urban development perimeter provide a suita6le transition ta adjacent or abutting
Met Iower densityJintensity zanes. Materials shall reduce the patential for light and glare.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Commu ity& Economic Development Hearing Examiner Recommendation
AVANA R/DGE PUD F LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 21 of 44
Staff Camment:
The proposal inctudes ample buffers between the proposed structures and property
ines through the use o,f additional setbacks from code rrtinirrrums. 5pecifr"cally, atong
the eastern praperty line the increases in setbacks allow for naturaf daytightrng
opportunities for the daycare. Additronally, landscape buffers wouid provide a soft
transition between building and daycare.
On the south perimeter, the buildings are set back significantly from a/l property lines,
and allow t he park amenity to be unobstructed in its day lighting opportuni#ies. Due to
the location of the buildings to the north af the open space, na shadows from the
proposed buildings wou/d be cast at any time of year or day. !3n tire West perimeter,
the build+ng wou d have minimal impact to views across the site, as bath buildings are
oriented NorthjSouth.
On the North perimeter, the adjacent residential dwellings would be screened from the
surface parking lot thraugh the use of landscape buffers, building modulatian and new
propased street trees. The canceptual landscape plan demonstrates the frequency,
type and number of he street trees and interior p/antings proposed. These techniques
wou/d successful/y serve to mitigate the fength of the two buildings and reduce impact
to existing neighboring properties if al/conditions af approval are complied with.
Comptiance with aN recommended conditions af approvat would provide a suitable
transizion fror» the adjacent lawer density srngle family residential uses to the more
intense commerdal and multi-famrly uses located to the South and West.
tandscaping and rerracing has been incarporated a/ang Benson Drive 5 in order to
detract attention fram the parking area which may be visible fram this paint of view.
The new development is anticipated to fit into the existing developed fabr ic o} the
neighborhood. Staff wi!l be recammertding, as a condition of approvc l, the applicant
pravide a materials board to the satisfaction of the Current P/anning Project Manager
see discussion in FOF 29: Design District Review). The materia/s board would also be
used to canfirm that siding materials are non-reflective whkh wot ld reduce glare.
Each unit would have windows, which could s/ight/y ref/ect light from the building but
nat to an extent beyond any typica!mulri family develapment.
The applicant has inditated that the proposa!would not resuit in excessive glare anto
adjacent properties, in the sub+nitted design dfstrict compliance narrative. However, a
lighting ptan was not submirted with the apptication package, as such, staff
recommends a candition of appraval that requires the applicant t a pravide a lighti»g
plan that adequately provides for public safery without casting excessive gtare an
adjacent properties; crt the time of engineering permit review. Pedestrian scale and
dawnGghting shaN be used in alt cases to assure safe pedestrian and vehicutar
movement, un ess alternative pedestrian sca/e righting has been approved
adminrstrative/y or is specifitally listed as exempt from provisions located in RMC 4-4-
Q75 Lighting, Exteriar On-Site.
ii. Interior Desi n: Promotes a coordinated site and building design. Buiidings in
groups should be related by coordinated materials and roof styles, but contrast shouid
be provided throughout a site by the use of varied materials, architectural detailing,
building orientation or housing type; e.g., single family,townhouses, flats, etc.
Staff Comrnent: The praposed buildings appear to have been designed to be built in a
coordinated fashion, utilizing a cansistent set of materia/s. Differentiation throughout _
NEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA RIDCiE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 22 of 44
I the design is provided with the use of different materials and colors.
The interior design of both buildings has been integrated with the overall site design.
The primary orientation of the units are to the North and South to take advantage of
daylighting opportunities. Where the buildings meet East/West site borders, dwelling
units have been rotated to face easterly and westerly. The intent of this interior design
technique is to provide visually pleasing elements on all four sides of the building.
Through the use of roofs s/oped at 2:12, rather than 4:12, the sloped roof portions of
the building reduce the shadow cast on the residentia/properties to the north. Building
modulation at regular intervals and a vast variety of window sizes and styles also helps
to break up the scale of the buildings.
As mentioned above staff will be recommending, as a condition of approval, the
applicant provide a materials board to the satisfaction of the Current Planning Project
Manager (see discussion in FOF 29: Design District ReviewJ. The materials board
wou/d also be used to confirm the use of varied materials and architectural detailing
for the proposal. Additional/y, staff wil/ be recommending a condition of approval
requiring added architectural detailing elements including lighting fixtures, contrasting
materials, or special detailing along the facades oriented to a street (see discussion in
FOF 29: Design District Review, Ground Level DetailsJ.
Circulation:
i. Provides sufficient streets and pedestrian facilities. The planned urban development
shall have sufficient pedestrian and vehicle access commensurate with the location,
size and density of the proposed development. All public and private streets shall
accommodate emergency vehicle access and the traffic demand created by the
development as documented in a traffic and circulation report approved by the City.
Vehicle access shall not be unduly detrimental to adjacent areas.
ii. Promotes safety through sufficient sight distance, separation of vehicles from
pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns,
and minimization of steep gradients.
iii. Provision of a system of walkways which tie residential areas to recreational areas,
transit, public walkways, schools, and commercial activities.
Requested to
be Modified iv. Provides safe, efficient access for emergency vehicles.
Throuqh the Reauested to be modified throuph the PUD.
PUD
Staff Comment: The applicant submitted a Traffic Impact Analysis prepored by TraffEx,
dated February 2, 2016(Exhibit 15J. The provided TIA was found to meet the intent of
the TIA guidelines and is generally acceptab/e for preliminary review. Several traffic
related comments letters/emails have been received by the public. The comments
raise concerns regarding the use of the proposed SE 172"d St entrance and potential
impacts to the neighboring single family residentia/development to the north as we/l
as additional impacts to queueing delays at Benson Rd 5 and Benson Drive S (Exhibit
15J.
Based on public comments received, staff required an evaluation by an independent
qualified professiona( regarding the app/icant's transportation analysis and the
effectiveness of any proposed mitigating measures. An Independent Secondary
Review of the provided Traffic Study prepared by TENW, dated March 21, 2016(Exhibit
17J. In general, the secondary review affirmed the overall trip distribution patterns.
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
Crty of Renton Department of Community& Economic Qeveloprrtent hlearing Examiner Recommendation
AVANA R/06E PUD
f lUA15-000894,PPUD,ECf
Report of May 3, 2Q16 Page 23 af 44
The report however, recommended revisions be made to the traffic counts to consider
the worse-case traffic scenaria given the observed intersectian queuing at 108`h Ave 5E
and Benson Rd 5. The applicant provided a memo, dated March 26, 2016, in response
ta the recommendations induded in the secondary review (Exhibit 18J. The memo
generally concurred with the recommendatians of the peer review wrth the exceptian
for the removal of the site driveway access restrictions to SE 172nd Szreet. The
applicant's respanse memo revised the TIA to reflect recommended changes in trip
distribution, balanced traffic volumes, the analysis of queuing on Benson Rd and left
turn lane warrants.
After review of the origina!Traffr'c lmpact Anatysis(Exhibit 15), lndependent Secondary
Review (Exhibit 17), and the applicant's response rrtemo (Exhibit 18) staff provided
applicabte corrtrnents below ar each Transportation subject.
Access: The applicant is proposing twa points of ingress and egress into the site in
order ta meet Fire Department requirements for access. The applicant praposes one
entrance off of SE 172nd St between the praposed buildings, and one entrance aff af
Benson Road South. Ti e two access points converge to farm drive-through access
througi the site, Severa/ public camments were received requesting access be
eliminated from SE 172°d St, in order ta mitigate anticipated cut through traffic on
neighboring roads to the north. In addii-ion, concerns were raised regarding the
b/acking of the propased access, along 8enson ftd S, during PM peak hour traff+c. The
applicant has praposed a driveway configuration which would attempt ta restrict
movements to /eft-injright —out anly as way ta mitigate cut thraugh traffic on
residential streets ta the north.
Access and propased mitigatian, was analyzed as part of the Independent 5econdary
Review prepared by TENW(Exhibit 17J. TENW general/y affirmed the trip distribution
assumptions made by TraffEx and substantiated the need for two access points. With
respect to praposed mitigation, TraffEx determined that the praposed SE 172"d St
driveway configuration would be ineffective in limiting impacts to neighboring
residential streets ta the nnrth. In addition, it is anticipated i hat restrictions to the SE
172"d driveway wauld encourage u-turns and associated impacts to existing residential
driveways a/ong the narth side of 5E 172"d St. Therefare, staff is recommending a
candition af Hearing Examiner approval, the elimination of the proposed access
restrictions alang SE 172"d St in order ta provide ful/access along SE 172"d St. A revised
site plan shall be submitted to, and approved by, the Plan Reviewer prior ta
engineering permit approva.
In order to address anticipated impacts on neighl oring streets eaused by cut-thraugh
traffic, a traffk ca/ming SEPA mitigatian measure was required in lieu vf the foregoing
site access restriction (Exhibit 20J. Specifically, E/ectranic Speed Radar Signs are
required to be instatled in the northbound direction on both 106kh Ave SE and 104`'Ave
SE.
teve! of Service: It rs anticipated that the proposed develapment would generate
approximately 492 average daily trips with 38 AM peak-haur trips and 4b PM peak-
hour trips. The provided report analyzed three intersectron/ocatrons(Exhibit 15):
Intersection 1: Site Access/SE 172"d St
lntersection 2: 108`h Ave SEjBenson Rd SjSE 172"d St
lntersection 3: Site Access/Benson Rd S/108"'Ave SE
NEX Staff Report Avana Ridge Pl1Q_LUA15-OQ0894
AGENDA ITEM #8. b)
City of Renton Department of Comr unity& Ecanomic Qevelopment Hearing Exarniner Recornmendatron
AVAfVR RlDGE PUD LllA15-OQ4894,PPUD,ECF
r
Report of May 3, 2016 Page 24 af 44
The provided analysis notes that al/intersections will operate at an acceptable level of
service with the proposed development. Therefore, the proposa/ wou/d not be
required to mitigate at any intersection. Analysis of future conditior s address
cumu/ative impacts of the proposed project and traffic growth in the study area.
Traffic signal warranty analysis was also provided at the intersection af SE 172 d St and
Bensan Rd 5. The report states there is no need for a signa/ at the intersection as a
result of the project.
Nowever, the 7ranspartation Department conducted a mode! to assess any possible
salution to address the dtizen's concerns regarding the backing af queue on Benson
Road fram the intersection with SR 515 tQ SE 172" Street. tlnfortunately, staff is
unabte to provide an upt ate on the model conducted at this time.
Increased traffic created by ti e development wauld be mitigated by payment of
transportation impact fees. The transportation impact fee that is current at the time
of building permit application will be levied. The applicant submitted far a building
permit in December of 2015. The fee in 2015 was assessed at $2,214.44 per new
muttifamily unit. The fee is estimated at approximate/y $164,000. The fee shal/ be
payable to the City ai the time of building permit issuance.
Site Distance: The provided 7'raffic Impact Analysis states sight distance requirements
are met at the site access driveway anta SE 172 d St and with vegetation trimming,
within the right of way, at the site access driveway to Benson Rd S(Exhibit 15J.
Street lmprovements: Street Impravements are regulated by RMC 4-6-060 – Street
Standards.See 6elow:
Bensan Drive S – eenson Drive S (SR 515) is a principa/ arteria/ and a state route
roadway a/ong the project's west property line. The existing road currently contains
curb, gutter, and sidewalk on both sides of the street. There is currently no p/anter
strip existing a/ong the Benson Drive 5 street frontage. Per code, frontage
improvements including 0.5 feet wide curb and gutter, an 8 foot wide landscaped
planter, an 8 foot wide sidewalk, street lighting, and storm water impravements are
required on principal arteria/ streets. The applicant is praposing to maintain the
existing right-of-way. Due ta critical areas along portions of the frontage, the
applicant has requested a modification through the PUD to allaw the sidewa/k to
remain in the current location for thase areas where critica/areas are locared.
Staff is in support of the requested modification. ey maintaining the existing sidewa/k,
the need for terraced retaining walls would be eliminated and impacts to the stream
buffer a/ong Benson Drive 5 wou/d be minimized. The applicant has also proposed a
walking path interna/ ta the site to promote pedestrian connectivity. Staff
recommends a candition of approva/requiring the applicant to dedicate 1 foot behind
the sidewalk in addition to right-of-way dedicatian for luminaire foundations along
Benson Drive S. The dedication shall be required prior to temporary occupancy
approval.
Bensan Rd S – &enson Rd S is a minor arteria! atong the projeet's east property 1ine.
Malf-street frontage irrtprovements are required to be provided on the side af the
street fronting the deve/opment. Per code, the minimum right-af-way width required
far a minor arterial is 91 feet. The avaitable right-of-way width on the &ensan Rd S
frontage, per the King County assessor rrtap, is 100 feet and wautd not necessitate
additional rr'ght-of-way dedicatron. 7he required paved width on this street is 44 feet,
which ir c/udes three travel lanes and a S foot wide bike /ane ort 6orh sides o the
HEX Staff Repart Avana Ridge PUD LUA15-OQ4894
AGENDA ITEM #8. b)
Gty of Renton Department of Community 8c Economic Development Hearing Examiner Recorrtmendatian
AVANA R/DGE PUD r LlJA15-OQ0894,PPUD,ECF
Report of May 3,2016
iV
Page 25 of 44
street. Frontage improvements wauld include the following: a O.S faot wide curb and
gutter, an 8 foot wide landscaped planter, an 8 foot wide sidewa/k,street lighting, and
stormwater improvements are required. The applicant is proposing street
improvements along eenson Rd 5 which camply with code.
SE 172"d St-5E 272"d St is a commercial mixed use and industrial access street along
rhe project's north property line. Hat street frontage improverrtents are requrred to be
prc vided on the side of the street fronting the development. Per code, the minrmum
right-of way width required for a camtnerciat mr"xed use and industrial actess street is
b9 eet. The availab/e right-of-way wrdth on the SE 172"d St frontage, per the King
Caunty assessor map, is 60 feet and would require additional right-of-way dedication.
Frontage improvements would include the foltowing:an 8 foot parking lane, a 0.5 foot
wide curb and gutter, an &font wide landscaped planter, a 6foot wfde sidewa/k,
street lighting, and stormwater improvements are required. The applicant is
proposing street impravemen s, along SE .272"d St, whrch comp y with cade. The
applicant however has requested a modificatJon rhrough rhe PUQ to reduce the
required dedication from 4.5 feet to 3 feet. Staff is recommendir g apprnva! of the
requested modification. Staff recommends a condition of approval requiring the
applicant to dedicate 1 foot behind the sidewalk in additian to right-of-way dedicatian
for luminaire foundatians olang SE 172"d St. The dedication shall be required prior ta
temporary occupancy approval,
Tem orary /rr+t acts: Given the concentration of deve/opment to occurring in the
immediate vicinity of the praject site, staff anticipates that the propased praject wauld
contribute to shart term impacts to rhe City's street system. Therefore, staff is
recommending a condition af approva! requiring the applicant create a pubJic
outreach sign in coardination with City of Renton ta cammunicate with road users, the
genera!public, area residences and 6usinesses, and appropriate public entities about
praject infarmation;road conditrans rn the wark zone area;and the safety and mabifity
ef,fects of the work zone. The srgn shal! be ptaced an site prior to construction
commencemen.
Pedestrian Impravements: As part of the propased project, sidewa/ks wau/d be
constructed a/ang the frontage af the site and wau/d connect to the existing sidewalk
system. Hawever, safety cancerns have been raised with respect to pedestrian
cannectrvity off site due ta missing sidewa/k linkages approaching the intersectron of
8enson Rd S and SE 172"St. Given the number of units propased it is very like/y that a
large influx af people would utiJize the public sidewa/k system as weN as the
anticipated schaa! 6us stop across 8e»son Rd S. Providing pedestrian connecCions to
abutting properties is an impartant aspett of cannectivity and encourages pedestrian
activity and is required to be considered when reviewing the subject appliration. The
conditio» of tl e existing protruded cur6, approaching the inrersection of SE 172"d St
and Benson Rd S, has been targely disturbed and does not pravide a safe route for
school children and or fesidents watking ta and from the srte. As a resutt, a SEPA
mitigation measure was issued requiring the applrcant to pravide an off-site sidewalk,
along the south side of SE 172"d Sf and the wesi'side of Benson Rd S, approaching the
intersettion (Exhibit 2QJ. A street/rghting analysis is a/so required to be conducted by
the deve/oper at the southwest corner of the intersection af SE 272"d St and Benson Rd
S.
Concurrency-Staff recommends a transportatian concurrency approva/based upon a
test of the citywide Transportatian Plan, cansideration af growth levels included in the
tOS-tested T ansportation Plan, payment of a Transportation Mitigation 'ee, and an
NEX Staff Report Avana Ridge PUQ LfJA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA RIOGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 26 of 44
I application of site specific mitigation (Exhibit 23J.
27. Infrastructure and Services: Provides utility services, emergency services, and other improvements,
existing and proposed, which are sufficient to serve the development. The proposal is compliant with
the following development standards if all conditions of approval are met:
Compliance Infrastructure and Services Analysis
J
Police and Fire: Police and Fire Prevention staff indicated that sufficient resources exist
to furnish services to the proposed development; if the applicant provides Code
required improvements and fees.
The preliminary fire f/ow requirements for this project, as proposed, is 2,250 gpm. A
minimum of one fire hydrant is required within 50 feet of all fire department
connection for standpoints and sprinkler systems.
A Fire Impact Fee, based on new multi family units is required in order to mitigate the
proposal's potentia/ impacts to City emergency services. The applicant would be
required to pay an appropriate Fire Impact Fee. The fee is payab/e to the City as
specified by the Renton Municipal Code at the time of building permit application. A
i building permit application was submitted in December of 2015. The 2015 fee was
assessed at$463.66 per multi family.
Parks and Recreation: The proposed development is anticipated to impact the Parks
and Recreation system. The applicant would be required to pay an appropriate Parks
Impact Fee. The fee wou/d be used to mitigate the proposal's potential impact to
City's Park and Recreation system and is payable to the City as specified by the Renton
Municipal Code at the time of building permit application. A building permit
application was submitted in December of 2015. The 2015 fee was assessed at
975.90 per multifamily unit.
Schools: It is anticipated that the Renton Schoo! District can accommodate all
additional students generated by this proposal at the following schoo/s: Cascade
Elementary (1.2 mi/e from the subject siteJ, Nelson Middle School (0.8 miles from the
subject siteJ and Lindbergh High School(2.1 miles from the subject siteJ.
Future students are designated to be transported to school via bus for Elementary, and
Compliant if High School. Students would be within walking distance to designated midd/e school.
Condition of For safe wa/king conditions, see discussion under FOF 26: PUD Criteria and Analysis,
Approval is ' Circulation.
Met
A School Impact Fee, based on new mulrifamily units, will be required in order to
mitigate the proposal's potential impacts to Renton School District. The fee is payable
to the City as specified by the Renton Municipal Code at the time of building permit
application. A building permit application was submitted in December of 2015. The
2015 fee was assessed at $1,339.00 per multi family unit with credit given for the
existing residence.
Storm Water: An adequate drainage system shall be provided for the proper drainage
of all surface water.
Staff Comment: The site is located within the B/ack River drainage basin and Panther
Creek drainage sub-basin. Upstream runoff enters the site in two locations. Portions of
SE 172"d St and 106`h
Ave SE direct upstream runoff across the northern property line.
Upstream runoff from the west side of Benson Rd 5 flows into a ditch a/ong the east
HEXStaff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton pepartment of Community&Economic Development Hearing Examiner Recammendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECf
Report of May 3, 2016 Page 27 of 44
property line. Runnoff currently discharges at the sites western property line, at two
lacations, and heads north through a conveyance system in Bensan Drive S. The flows
eventually cross under Bensan Drive S and conveyed a westerly direction in a series of
pipes and catch basis eventually autfa/ling into Panther Creek.
This project is required to comply with Che 2009 King County Surface Water Nlanual
and the City of Renton Arnendments to the KCSWM, Chap£er 2 and 2. Based ort the
City's flow contra/ map, t his site falls within the Flaw Cantro/ Duration Standard,
Forestec Conditions. This project is subject ta fu/l drainage review. 7he applicant
subm tted a Preliminary Drainage Repart prepared by D.R.Strang, dated Decerra6er 28,
20.25(Exhlblr 9).
The report also+ncludes a detailed summary of the pre and post developed conditions.
The si-armwater detent+on and water qualify treatment wou/d be provided within a
camb+ned detention/water quality vault under the parking area/ocated in the western
portron af the srte. The combined deientionjwater quality vault wauld be followed by a
media filtration system to accommadate the Enhanced Water Quality Treatment
requirerrrents for mult+family deve/opmer r. For water quaNty features that are nat in
the City Amendments or the 2009 KCSWDM, and which have the Genera/ Use Jevel
designatian through the state Department of Ecology's Techno/ogy Assessment
Pratocol — Ecology jTAPE) program, an adjustment pracess request is requtred.
Conditrons assaciated with Frelrminary PUD approva/wii! likely include a requirement
for the subrrrittal, and appraval, of an Adjustment in order to utilize water quality
features whrch are nat in the City Amendments or the 2009 KCSWDM.
Water and Sanitary Sewer.
Staff Comment: Water and sewer service is pravided by Soos Creek Water and Sewer
Distrrct. A water and sewer availability certificate from the Soos Creek uti/it y district
was submitted to the City with the /and use appfication. Approved water and sewer
plans from Soos Creek are required to be pravic ed during utility construction permit
approval.
Ciusters or Building Groups and Open Space: An appearance of openness created by
ciustering, separation of buiiding groups, and through the use of we11-designed open
space and landscaping, or a reductian in amount of imperviaus surfaces not otherwise
required.
Staff Camment: The proposed deve/opment is designed specifica(ly to increase the
access and opportunity for open space. The multiple open spaces throughaut the site
are wel/designed and provide a variety of recreatiana/oppartunities both passive and
active. The proposed structures are clustered to the interiar of the site allowing far
large open spaces.
The Pt1D places the buitdings paraNet to the neighbaring properties to the north. This
rrtaximizes the oppartunity for surface parking screening and a targe, uninterrupted
open space to the south. Due to the presence of a stream a/ong the lawer area of the
site, a natural barder exists. A pedestrian bridge crosses the stream v tink the open
space and the residenria/developments.
The overall project has less impervious surface than otherwise would be expected.
Based an the pravided TIR the site wauld contain appraximately 40.1% impervious
surfaces for the overa l site. This wou/d include building areas, associated wa/kways,
driveways, parking and drive aisles.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
Crty of Renton Department af Com^+unity&Economic Development Mearing Examrner Reeomrrrendation
AVANA R/DGE PUD L!lA15-000894,PPUD,ECF
Report of May 3,2016 Page 28 of 44
Privacy and Building Separation: Provides internal privacy between dwelling units,
and external privacy for adjacent and abutting dwelling units. Each residential or
mixed use development shall provide visual and acoustical privacy for dwelling units
and surrounding praperties. Fences, insulation, walks, barriers, and landscaping are
used, as apprapriate, far the protectian and aesthetic enhancement of the property,
the privacy of site occupants and surrounding properties, and for screening of storage,
mechanical or other appropriate areas, and for the reduction of noise. Windaws are
piaced at such a height or location or screened to provide sufficient privacy. Sufficient
iight and air are provided to each dweliing unit.
Staff Comment: Dwelling units are designed such that no two outdoor decks are
directly adjacent to one anather. Decks and buitding moc ulation have been designed
cohesively to allow scr-eening by the bui(ding to decks for resident privacy. Units within
each building are oriented to the narth and south, and mimic the residential character
of the properties to the north.
The applicant has ut+lized /andscaping and building screening techniques throughout
the development to promote privacy and discourage the use of window screening
elements as a privacy-creating element that b/ock apportunities far natural light.
tiving area windows are large and aim to bring as much natura!light inta every unit as
passib/e, whr`le bedroom w+ndorus are adequately sized for Iight while stHl providing
ample privacy through the use of raised sill heights. tandscape buffers aJso exist at
ground-level uses to aid in noise reductran from the street.
The placement of the buildings, oriented to apen space, provides separation and
privacy for the residents while maintaining a communal atmosphere.
See additional discc ssron under FOF 2:Design District Review, Ground Cevel Details.
Building Orientation: Provides buildings oriented to enhance views from within the
site by taking advantage of topography, building location and style.
Staff Comrr ent: The bu ldings are orientated toward the open spaces or toward the
offsite view vistas afforded in the naturally etevated site location. There is mrnimal
orientation toward off site non view areas.
Parking Area Design: Provides parking areas that are campiemented by landscaping
and not designed in iong raws.The size of parking areas is minimized in comparisan to
typica( designs, and each area related to the group af buiidings served. The design
provides for efficient use of parking, and shared parking facilities where appropriate.
Staff Comment: Parking across the site wou/d be hand/ed in way as to nat have large
surface parking areas. Instead the applicant is proposing the use of parallel parking
stalls a/ong the perimeter of the proposed drive aisle.
The surface parking design is comprised of 9Q-degree statts to moke maxirrturrt use of
parkrng area and peovide clear, safe vehicular circutation that promotes visibrlity. The
use of compact stalls is minimr l and rs well under the code-required maximums for
compact stal/caunts.
Phasing; Each phase of the praposed development contains the required parking
NfA
spaces, apen space, recreation spaces, landscaping and utilities necessary for creating
and sustaining a desirabie and stable environment, so that each phase, together with
previaus phases,can stand alone.
HEX Staff Report Avaraa Ridge PUD_LUA15-OQ0894
AGENDA ITEM #8. b)
i
City of Renton DepartmenT of Comrnunity&Economic Development Mearrng Exar»iner Recommendation
AVANA R/DG'E PUD LUA15-QQ0894,PPUD,ECF
Report of May 3, 2016 Page 29 af 44
28. PUp Development Standards: Pursuant ta RMC 4-9-150D.4, each planned urban development shall
demonstrate campliance with the development standards far the Planned Urban Development
regulations. The following table contains project elements intended ta camply with the devetopment
standards of the Planned Urban Development regulations, as outlined in RMC 4-9-150E:
Cornpliance PUD Develapment 5tandard Analysis
L COMMON OPEN SPACE STANQARD: Open space shall be concentrated in (arge usable areas and
may be designed to provide either active or passive recreatian. ftequirements far residential, mixed
use,commercial,and industrial developments are described below.
Standard: Mixed use residential and attached housing developments af ten (10) or
more dwelling units shail provide a minimum area of common space or recreation
area equal to fifty (50} square feet per unit. The common space area sha l be
aggregated to pravide usable area(sj far residents.The location, iayout, and propased
type of common space or recreation area shail be subject ta approval by the Hearing
Examiner. The required common open space sha11 be satisfied with one ar more of
the eiements listed below. The Nearing Examiner may require more than one of the
foliowing elements for developments having more than one hundred (100) units.
a Courtyards, plazas,or multipurpose open spaces;
b} Upper level cammon decks, patios, terraces, ar roaf gardens. Such spaces above
the street level mus# feature views ar amenities that are unique to the site and
provided as an asset to the deveiopment;
cj Pedestrian corridors dedicated ta passive recreation and separate fram the public
street system;
d} Recreation facilities including, but not limited to: #ennis/sports caurts, swimming
paols,exercise areas,game roam, ar other similar facifities;or
ej Chiidren's piay spaces.
Standard: Required landscaping, driveways, parking,or other vet icular use areas shal#
not be caunted toward tl e comman space requirement or be located in dedicated
outdoor recreatian ar cammon use areas.
Standard: Required yard setback areas shail not count toward outdoor recreatian and
common space unless such areas 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 ful(y usabie area accessible to all
residents af the development.
Standard: Private decks, balconies, and private ground floar apen space shall not
count toward the common space/recreatian area requirement.
Standa d: Other required landscaping, and sensitive area buffers withaut comman
access links, such as pedestrian traiEs, sha#I not be included toward the required
recreation and cammon space requirement.
Standard: All buildings and developments with aver thirty thousand (30,000) square
feet af nonresidential uses (excludes parking garage floorplate areas} shall provide
N,q pedestrian-oriented space according to the following formula:
1% o# the lot area + 1% of the building area = Minimum amount of pedestrian-
ariented space.
NEX Staff Report Avana Ridge PUD_LUA15-OQ0894
AGENDA ITEM #8. b)
City of Renton Department of Com^unity&Economic Development Hearing Examiner Recommendation
AVANA RIDGE PUD LUAIS-000894,PPUD,ECF
Report of May 3, 2016 Page 30 of 44
Standard:The location of public open space shall be considered in relation to building
orientation, sun and light exposure, and local micro-climatic conditions.
Standard: Common space areas in mixed use residential and attached residential
projects should be centrally located so they are near a majority of dwelling units,
accessible and usable to residents, and visible from surrounding units.
Standard: Common space areas should be located to take advantage of surrounding
features such as building entrances, significant landscaping, unique topography or
architecture, and solar exposure.
Standard: In mixed use residential and attached residential projects children's play
N q space should be centrally located, visible from the dwellings, and away from
hazardous areas like garbage dumpsters, drainage facilities, streets, and parking
areas.
b. Private Open Space: Each residential unit in a planned urban development shall have usable
private open space (in addition to parking, storage space, lobbies, and corridors)for the exclusive use
of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have
private open space which is contiguous to the unit.
Standard: Each ground floor unit, whether attached or detached, shall have private
open space which is contiguous to the unit.
Staff Comment: It does not appear ground related residentia! units have designated
Compliant if private open space. As such, staff recommends a condition of approva! that the
Conditions of applicant provide a revised site p/an demonstrating compliance with the private open
Approva/ are space standard of at least 15 feet in every dimension for all ground related units. The
Met revised site plan sha/l be submitted to, and approved by, the Currenf P/anning Project
Manager prior to building permit approval whichever comes first.
Additional requirements for ground related private open space can be found be/ow
under Ground Level Detai/s.
Compliant ;f Standard: The private open space shall be well demarcated and at least fifteen feet
Conditions of 15') in every dimension (decks on upper floors can substitute for the required private
Approva! are open space).
Met
Staff Comment:See comment above.
Standard: For dwelling units which are exclusively upper story units, there shall be
deck areas totaling at least sixty (60) square feet in size with no dimension less than
five feet(S').
Staff Comment: Not all upper story residentia/ units appear to have private open
Compliant if space dimensioned at 60 feet. The applicant has requested to vary this standard as
Conditions of pprt of the PUD. However, the City is unable to modify any of the provisions of theApprova/ are
planned Urban Development Regulations. As such, staff recommends a condition ofMet
ppprova/that the applicant provide revised e/evations demonstrating compliance with
the private open space standard of at least 60 square feet in size with no dimension
less than 5 feet for all upper story units. The revised elevations shall be submitted to,
and approved by, the Current Planning Project Manager prior to building permit
approval whichever comes first.
c. Installation and Maintenance of Common Open Space:
i IStandard: All common facilities not dedicated to the City shall be permanently
maintained by the planned urban development owner, if there is only one owner, or
HEXStaff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Rentan Department of Community&Economic Development Hearing Examiner Recommendation
AVANA R/DGE PUD 1UA15-000894,PPUD,ECF
Report of May 3, 2016 Page 31 of 44
by the property owners' assaciation, or the agent(sj thereaf. In the event that such
faciiities are not maintained in a responsible manner, as determined by the City, the
City shali have the right to provide for the maintenance thereof and bill the owner ar
property owners' association accordingly. Such bili, if unpaid, shall become a lien
against each individuai praperty.
Staff Comment: Priar to the issuance of any occupancy permit, the developer sha/l
furnish a security aevice to the City ir an amount equal to the provisions of RMC 4-9-
06Q. landscaping sha/l be planted within one year of the date of fina/ approval of the
planned urban development, and maintained for a period of 2 years thereafter prior to
the re/ease of the security device. A security device for prvviding maintenance of
landscaping may be waived if a landscaping maintenance contract with a reputable
landscaping firm licensed to do business in the City of Renton is executed and kept
active for a 2 year period. A copy of such contract sha/l be kept on file with the
Planning Division. If this condition of approval is met the proposal would satisfy tnis
standard.
d. instaliatian and Maintenance of Common Facitities:
Standard: prior to the issuance of any occupancy permits, al! comman facilities,
induding but not limited to utilities, storm drainage, streets, recreatian facilities, etc.,
shall be completed by the developer or, if deferred by the Administrator, assured
through a security device to #he City equal to the provisions of RMC 4-9-060, except
for such common facilities that are intended to serve anly future phases of a planned
N/A urban development. Any common facilities that are intended to serve both the
present and future phases af a planned urban development shall be installed or
secured with a security instrument as specified above before occupancy of the
earliest phase that will be served. At the time af such security and deferral, the City
shall determine what portion of the costs of improvements is attributable to each
phase of a planned urban devetopment.
Standard: All common faeilities not dedicated ta the Gty shall be permanently
maintained by the pfa ned urban development owner, if there is onfy one owner, or
by the property owners' associatian, or the agent(s} thereof. In the event that such
facilities are not maintained in a responsible manner, as determined by the City, the
City shall have the right to provide#or the maintenance thereof and bill the owner or
property owners' association accordingly. Such bill, if unpaid, shalf become a lien
against each individual property.
Staff Comment: Based on the proposed application the anly area to be dedicated ta
the City is the required right-of-way and the drairrage detention pond. As such all
other facilities shall be permanentfy maintained by the property awner.
29. Design District Review: The project site is located within Design District 'B'. The following table
contains project elements intended ta comply with the standards of the Design District '6' 5tandards
and guidelines, as outlined in RMC 4-3-100.E:
Compliance Design District Guideline and Standard Anaiysis
1.SITE DESIGN AND BUIIDING LC1CATtON:
ln#ent:To ensure that bui(dings are iacated in relation to streets and other buildings so that the Vision
of the City af Renton can be realized for a high-density urban environment; so that businesses enjoy
visibility from pubiic rights-of-way; and to encaurage pedestrian activity.
HEX Staff Repnrt Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recornmendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 32 of 44
a. Building Location and Orientation:
Intent: To ensure uisibility af businesses and to establish active, lively uses along sidewalks and
pedestrian pathways.Ta organize buildings far pedestrian use and so that natural light is availabfe to
other structures and open space. To ensure an appropriate transition between buildings, parking
areas, and other land uses;and increase privacy for residential uses,
Guidetines: developments shall enhance the mutual relationship of buildings with each other, as well
as with the roads, open space, and pedestrian amenities whiie working to create a pedestrian
oriented environment. lots shall be canfigured to encourage variety and so that natural light is
available to buildings and open space. The privacy of individuals in residential uses shall be provided
for.
Standard: The availability of natural light (both direct and re#lected) and direct sun
exposure to nearby buildings and open space (except parking areasj shall be
cansidered when siting structures.
Standard: Buildings shall be oriented ta the street with clear cannections ta the
sidewalk.
Standard: 7he frant entry of a building shall be oriented to the street or a landscaped
pedestrian-only courtyard.
Standard: Buildings with residential uses located at the street level shall be:
a. Set back from the sidewalk a minimum of ten feet (10') and feature
substantial landscaping between the sidewalk and the building; or
b. Have the grosand floor residentia! uses raised above street level for
Requested to residents' privacy.
be Modified
Through the $faff Comment: The applicant is propasing ground related residentia/ uses along
PUD var+ous facades. Due ta the unique s+te conditians and tapographic chaNenge.s a/ong
the applicant is proposing to pravide some of the ground floor residential uniLs at or
be/ow grade as part of the PUD. Constructing all ground re/ated units abave grade
would require increases to the herght of the structures and signrficant site disrupt+on.
Therefore, staff is in support of the requested modificatian, through the UD, rf a1J
conditions of apprava!are met.
b. Building Entries:
Intent:Ta make building entrances convenient to (ocate and easy to access, and ensure tha# building
entries further the pedestrian nature af the froniing sidewalk and the urban character af the district.
Guidelines: Primary entries shali face the street, serve as a focal point, and allow space for sacial
interaction. All entries shali include features that make them easily identifiab e whiie reflecting the
architectural character of the building. The primary entry shall be the most visually prominent entry.
Pedestrian access to the building from the sidewalk, parking lots, and/or other areas shal) be pravided
and shali enhance the overali quality of the pedestrian experience on the site.
Standard: A primary entrance of each building shall be located on the facade#acing a
street, shal! be prominent, visible from the street, connected by a walkway to the
public sidewalk,and include human-scale elements.
Compliant if Standard: A primary entrance of each building shall be made visibly prominent by
rtt°n°f incorporating architectural features such as a facade overhang, trellis, large entryApprovatis
Met doors, and/or ornamental lighting.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Com^unity& Econamic Development Nearing Examiner Recommendation
AVANA RIDGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 33 of 44
Staff Comment:5ee Ground Level Details be/ow.
Standard Building entries from a street shali be clearly marked with canopies,
architecturaf elements, ornamental lighting, or landscaping and include weather
protection at least four and one-half feet {4-1j2'} wide. S ildings that are taller than
thir#y feet (3Q') in height shall alsa ensure that the weather pro#ect'san is proportional
to the distance above ground level.
Compliant if
Staff Comment: The applicant is proposing ground related residentia/ uses along SE
Condition af
1 2 $t• Staff is recommend+ng a condition of approval requiring entrances and
Approvai is P dest-rian connections from proposed patios to the public sidewa/k system (see
Met discussian below). As a result, staff recommends that building entries from a street be
clearly marked with canopies, architectura/ eJement s, arnamenta/ lighting, andjar
landscap+ng and include weather prot ection at leasr four and one-half feet (4-1j2`J
wide. The revised e/evations shall be submitted to, and appraved by, the Current
Planning Praject Manager priar to bur/ding permit appraval. The applicant is
encouraged to mimic the canopy used for the primary entrances in a smaller
applicatron for ground related unit entrarrtes.
Standard: Building entries fram a parking lot shall be subordinate to those related to
the street.
Standard: Features such as entries, lobbies, and disp€ay windows shall be oriented to
t1tjA a street or pedestrian-oriented space; atherwise, screening or decorative features
shauld be incorporated.
Standard: Muitiple buildings an the same site shall direct views to building entries by
providing a continuous network af pedestrian paths and open spaces that incorparate
landscaping.
Standard: Ground floor residentiaf units that are directly accessible from the street
shall include entries fram front yards to provide transition space from the street or
entries from an open space such as a courtyard or garden that is accessible from the
street.
Sta Comment: Ti e applicant is propos+ng ground re/ated residentia/ uses a/ang ti e
5 172°St. The proposal partially complies with the.standard with the use of patios.
Compliant if However, the proposal does not include entrances and pedestrian connections from
Cond+r an o proposed pat+os ro the public sidewalk. Therefore, staff recommends as a condit+on of
ApprovaJ is approval rhe applicant be required to submrt a revised site and landscaping p/an
M depitting entranees and pedestrian cannections fram ground related residential units,
alang SE 172 d St, to the public sidewalk. The revised landscape and site plan sha!l 6e
submrtted ta and approved 6y the Current Planning Froject Manager prior to building
permit approval. Staf is aware there may 6e topographic challenges with entrances
a/ong SE' 172"a St and the applicant is encouraged to pravide stairs to the units or
demonstrate separate entrances are not feasibte prrar to building permit approvat.
If this condition of approval is met the proposa/wou/d satisfy this standard.
c.Transition to Surrounding Development:
in#ent: To shape redevelopment projects so that the character and value of Renton's long-
established,existing neighborhoods are preserved.
Guidelines: Careful siting and design treatment shall be used ta achieve a compatible transition
where new buildings differ from surrounding development in terms of building height, bulk and scale.
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Co nunity&Economic Development Nearing Examiner Recommenc ation
AVANA R/DGE PUD LUA15-000894,PPUD,ECf
Report of May 3, 2016 ' Page 34 of 44
Standard: At least one of the fallowing design elements shall be used to promote a
transition to surraunding uses:
1. 8uilding propartions, including step-backs on upper levefs in accordance with the
surraunding planned and existing land use forms;or
2. Building articulation to divide a larger architectural e ement into smaller
increments; or
3, Raof lines, roof pitches, and roo# shapes designed ta reduce apparent bulk and
transition with existing develapment.
Additianaliy,the Administra#or may require increased setbacks at the side or rear af a
building in arder to reduce the bufk and scale af larger buildings andJor so that
sunlight reaches adjacent andJar abutting yards.
d.Service Element Lacation and Design:
Intent: Ta reduce the potential negative impacts of service elements (i.e., waste receptacles, laading
dacks) by Cocating service and loading areas away from high-volume pedestrian areas, and screening
them from view in high visibility areas.
Guidelines: Service elements shall be concentrated and located so that impacts to pedestrians and
other abutting uses are minimized. The impacts of service elements shall be mitigated with
iandscaping and an enclasure with fencing that is made of quality materials.
Standard: Service elements shall be located and designed to minimize the impacts an
the pedestrian environrnent and adjacent uses. Service elements shall be
concentrated and located where they are accessible ta service vehicles and
convenient for tenant use.
Standard: In addition ta standard enclosure requirements, garbage, recyciing
caliection, and utility areas sha(I be enclosed on ali sides, inciuding the roof and
screened around their perimeter by a wall or fence and have seif-c(osing doars.
Complr"ant rf
Candrtivn of Staff Comment: The applicant is proposing a refuse and recycle endosure at a central
Approval is ocation on site. The proposed elevations do not depict a roof for the enclosure.
Met Therefore, staff recommends a condition of approval requiring the applicant submit
revised refuse and recycle enc/osure e/evations which inc/ude a raof. The revised
e/evatians shal/ be submii ted ta, and approved by, the Current P/anning Praject
Manager prior to building permit approval.
Standard: Service enc(osures shaN be made of masonry, arnamental metal ar wood,
or same combination of#he three {3).
Standard: If the service area is adjacent ta a street, pathway, ar pedestrian-oriented
N/A space, a landscaped planting strip, minimum 3 feet wide, shail be located on 3 sides
of such facility.
2.PARKING AND VENICULAR ACCESS:
Intent: To provide safe, convenient access ta the Urban Center and the Center Village; incorporate
various modes of transpartation, including pubiic mass transit, in order ta reduce traffic volumes and
ather impacts from vehides; ensure sufficient parking is provided, while encouraging creativity in
reducing the impacts of parking areas; allaw an active pedestrian environment by maintaining
contiguous street frontages, withaut parking lot siting a ong sidewalks and building facades; minimize
the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the
HEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Co^unity 8c Econamic Develapment Hearing Exarrtiner Recornmendation
AVANA RIDGE PUD LUA15-OOp894,PPUD,ECF
Report of May 3, 2016 Page 35 of 44
di5triCt.
a. Surface Parking:
Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in
back of buildings.
Guidelines: Surface parking shall be located and designed so as to reduce the visual impact of the
parking area and associated vehicles. .arge areas of surface parlcing shalf alsa be designed ta
accarnmodate future infill develapment.
S#andard: Parking shall be located sa that no surface parking is located between:
a}A building and the frant property line; andjor
b}A buiiding and the side property line (when on a corner lot).
f Standard: Parking shall be Iocated so that it is screened fram surrounding streets by
buildir gs, landscaping,and/or gateway features as dictated by location.
b. Structured Parking Garages:
Intent: To promote mare efficient use af land needed for vehicle parking; encourage the use of
structured parking; physically and visually integrate parking garages with other uses; and reduce the
overal! impact of parking garages.
Guidelines: Parking garages shail not dominate the streetscape; they shail be designed to be
campiementary with adjacent and abutting buildings. They shall be sited to complement, not
subordinate, pedestrian entries. Similar forms, materials, andjor details ta the primary building(s)
should be used ta enhance garages.
Standard: Parking structures shall provide space for ground floor commercial uses
N/A along street frontages at a minimum of seventy five percent (7S%) of the building
frontage width.
Standard; The entire facade must feature a pedestrian-oriented facade. The
Administrator of the Department of Community and Economic Development may
approve parking structures that do not feature a pedestrian orientation in limited
N/A
rcumstances. !f allowed, the structure shall be set back at least six feet (6')from the
sidewalk and feature substantial landscaping. This landscaping shall include a
combinatian af evergreen and deciduous trees, shrubs, and ground cover. This
setback shal! be increased to ten #eet (10'} when abutting a primary arteria! andJor
minor arterial.
NfA
Standard: Public facing facades shal) be articulated by arches, linteis, masonry trim, ar
other architectural elements andjar materials.
fA S#andard: The entry to the parking garage shall be located away frorrt the primary
street,to either the side or rear af the building.
Standard: Parking garages at grade sha11 include screening ar be endosed from view
NjA with treatment such as wa11s, decorative grilles, trellis with landscaping, or a
combination of treatments.
Standard: 7he Administrator af the Department of Community and Ecanamic
Development or designee may allow a reduced setback where the applicant can
N/A successfully demonstrate that the landscaped area and/or other design treatment
meets the intent of these standards and guidelines. Possibfe treatments Co reduce the
setback include landscaping camponents plus one ar more of the fallawing integrated
HEX Staff Report Avana Ridge PUP LUA15-000894
AGENDA ITEM #8. b)
City of Renton Departrnenf of Con^^unity& Econornk Development Hearing Excrminer Recommendatian
AVANAR/DGEPUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 36 af 44
with the architectural design of the building:
a}Ornamentai griilwark{other than vertical bars);
b) Decorative artwork;
c) Risplay windaws;
d) Brick,ti1e,or stone;
ej Pre-cast decorative panels;
f}Vine-covered trellis;
g) Raised landscaping beds with decorative materials; ar
h)Other treatments that meet the intent of this standard..,
c. Vehicular Access:
Intent: To rnaintain a cantiguous and uninterrupted sidewalk by minimizing, consolidating, andJor
el'rminating vehicular access off streets.
Guidelines: Vehicular access to parking garages and parking iots shali not impede or interrupt
pedestrian mobility.The impacts of curb cuts to pedestrian access an sidewalks shali be minimized.
Standard: Access to parking lots and garages shall be from alleys, when available. If
nat available,access shall occur at side streets.
Standard: The number af driveways and curb cu#s shall be minimized, so that
pedestrian circulatian along the sidewalk is minimally impeded.
3. PEDESTRIAN ENVIRONMENT:
intent:To enhance the urban character of development in the Urban Center and the Center Village by
creating pedestrian netwarks and by providing strong links from streets and drives ta building
entrances; make the pedestrian environment safer and mare convenient, comforta6le, and pleasant
to waik between businesses, on sidewalks, ta and fram access paints, and through parking (ots; and
promote the use af multi-moda! and public transportatian systems in order ta reduce ather vehicular
traffie.
a. Pedestrian Circulation:
Intent: Ta create a network of linkages for pedestrians ta imprave safety and conuenience and
e hance the pedestrian environment.
Guideiines: The pedestrian environment shall be given priority and importance in the design of
prajects. Sidewaiks and/or pathways shali be provided and shall provide safe access ta buildings from
parking areas. Praviding pedestrian cannections to abutting properties is an important aspect af
connectivity and encourages pedestrian activity and shall be considered. Pathways shali be easily
identifiable to pedestrians and drivers.
Standard:A pedestrian circulation system of pathways that are clearly delineated and
connect buildings, open space, and parking areas with the sidewalk system and
abutting praperties shall be pravided.
a} Pathways shall be located so that there are clear sight lines,to increase safety.
b) Pathways shall be an all-weather or permeable walking surface, unless the
applicant can demonstrate that the proposed surface is appropriate for the
anticipated number of users and complementary to the design of the
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
Crty of Renton Department of Community&Economic Development Nearing Examiner Recommendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 37 of 44
development.
Standard: Pathways within parking areas shall be pravided and differentiated by
materia! or texture (i.e., raised walkway, stamped concrete, or pavers) fror» abutting
paving materia{s. Permeable materiais are encouraged. The pathways shall be
perpendicular to the applicable building facade and no greater than one hundred fifty
feet(150'}apart.
Comp(iantif Staff Comment: The applicant has proposed a series of pedestrian cannectionsCanditionsof
Approvol are throughout the site however it is unclear if there is a differentiatian of mai-eriats
vret across the drive aisles (Exi ibit 2). Therefore staff recommends, as a condition af
approval, tire applicant revise the site p/an to depict a differentiatian in materials for
all pedestrian connections w+thin parking areas andjor drive a+sles on site. The revised
site p/an shall be submitted ta and approved by the Current P/anning Project Manager
prior to buildingJeng+neering permit approval, If this cond+tian of approval is met the
propasal would satisfy this standard.
Standard;Sidewalks and pathways along the facades af buildings shall be of sufficient
width to accommadate anticipated numbers of users.Specifically:
a)Sidewalks and pathways along the facades of mixed use and retail buildings
100 or more feet in width (measured along the facade) shall provide sidewalks at
least 12 feet in width.The walkway shai! inciude an 8 foat minimum unobstructed
i walking surface.
b) interior pathways shall be provided and shall vary in width to establish a
hierarchy. The widths shall be based an the intended number of users; to be na
sma ler than five feet(5') and no greater than twelve feet(12').
c) For all other interior pathways, the propased walkway shall be of suffident
width to accommodate tne anticipated r umber of users.
NjA 5tandard: Mid-black connections between buildings shail be pravided.
b. Pedestrian Amenities:
tntent: To create attractive spaces that unify the buiiding and street environments and are inviting
and comfortable far pedestrrans; and provide publicly accessible areas that function far a variety af
year-raund activities, under typical seasonal weather canditians.
Guidelines: The pedestrian environment shall be given priority and importance in the design of
prajects. Amenities that encourage pedestrian use and enhance the pedestrian experience shall be
included.
Standard: Architectural elements that incorporate plants, particularly at building
entrances, in publicly aceessible spaces and at facades alang streets, shafl be
Campliant if provided.
Condition of
Appravat is Met Staff Comment:See Bui/ding Entries and Ground tevel Details discussion below.
Standard: Amenities such as autdoar group seating, benches, transit shelters,
Compliantif
fountains, and public art shail be provided.
condition o}' a) Site furniture shall be made of durable, vandal- and weather-resistant
approva is+vtet materials that da not retain rainwater and can be reasonably maintained over an
extended period af time.
NEX Staff Repart Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community&Economic Development Hearing Examiner Recommendatian
AVANA R/DGE PUD LUA15-000894,PPUD, ECF
V._
Report of May 3, 2016 Page 38 of 44
b} 5ite furniture and amenities shall nat impede or block pedestrian access to
public spaces or building entrances.
Staff Comment: The comrrrunity open space includes lawn to allow for active
reereation and more intimate /acations featuring pknic tables and 6enches. Also
included is an ornarr enta! pavition intended to pravrde views from the site and for
public gathering opportunities, ornamental p/ant ngs and scu(ptural facus po nts. The
proposal did not include specifkations for proposed pedestrian c menit es. Therefore
staff was unable to verify the whether site furniture is compliant wrth the standard.
As such, staff recommends a condition of approval requ ring the applicant pravide
detailed specifications for all site furniture, and art, in arder to ensure durab/e, vandal-
and weather-resistant materials ore used. The specificatians shall be subrr itted to,
pnd approved by, the Current P/anning Project Manager priar building permit
approval.
4. RECREATION AREAS AND CaMM(3N OPEN SPACE:
Intent.To ensure tnat areas for bath passive and active recreation are available to residents,warkers,
and visitars and that these areas are of sufficient size for the intended activity and in canvenient
locations. To create usable and inviting open space that is accessible to the public, and to promote
pedestrian activity on streets particularly at street carners.
Guideiines: Develapments lacated at street intersections should provide pedestrian-ariented space at
the street corner to emphasize pedestrian activity (illustration belaw}. Recreation and common open
space areas are mtegral aspects af quality dewelopment that encourage pedestrians and users. These
areas shal! be provided in an amaun#that is adequate ta be functional and usab#e; they shall also be
landscaped and lacated sa that they are appealing to users and pedestrians
Standard: All attached housing developments shall pravide at least one hundred fifty
Requested ta (150) square feet of private usable space per unit. At least one hundred (100) square
be Madified feet of the private space shali abut each unit. Private space may include porches,
Thraugh the balconies,yards, and decks.
PUD
Staff Comment:See discussion above under Private Qpen Space.
5. BUILDING ARCHITECtURAL DESIGN:
Intent:To encaurage building design that is unique and urban in character, comfartabfe on a human
scale, and uses appropriate building materials #hat are suitable for the Pacific Northwest climate. To
discourage franchise retai!architecture.
a. Building Character and Massing:
lntent:To ensure that buildings are not bland and visualfy appear ta be at a human scale; and ensure
that al!sides af a building,that can be seen by the public,are visually interesting.
Guidetines: Building facades sha#I be modulated and/or articulated to reduce the apparent size of
buildings, break up long blank walls, add visual interest, and enhance the character of the
neighborhood. Articulation, modulatian, and their intervals should create a sense of scale impartant
ta residential buildings.
Standard: All building facades shall include modulation or articulation at intervals of
no mare than twenty feet(20').
Standard: Modulations shatl be a minimum af two feet(2'} in depth and four#ee# {4')
in width.
HEX Staff Report Avana Ridge PUD 1UA15-000894
AGENDA ITEM #8. b)
s
City of Rentan Department of Cotrmunity&Economic Development Hearing Examiner Recommendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 39 of 44
Standard: Buildings greater than one hundred sixty feet (160') in length shall provide
a variety of modulations and articulations to reduce the apparent bulk and scale af
the facade; or provide an additianal speciai feature such as a clock tr wer, courtyard,
fountain, or public gathering area.
b.Ground-Level Details:
Intent: To ensure that buildings are visually interesting and reinfarce the intended human-scale
character of the pedestrian environment; and ensure that all sides of a building within near or distant
public view haue visuaf interest.
Guidelines: The use of materia4 variations such as colars, brick, shingles, stucco, and harizontal wood
siding is encouraged. The primary building entrance should be made visibly prominent by
incarporating architectural features such as a facade averhang, trellis, large entry daors, andJar
ornamental lighting {illustration below). Detail features should also be used, to include things such as
decorative entry paving, street furniture (benches,etc.,and/or public art.
Standard: Human-scaled elements such as a iighting fixture, trellis, or other landscape
feature shall be provided alang the facade's graund fioor.
Staff Comment: The applicant has proposed some human sca/e elements including
landscape features, large windows and varied material patterns at the primary
entrances. Windaw patterns vary based on interior layout, but all facades feature a
variety af window types. Wall areas visib/e from public streets and sidewa/ks are
treated with trellis elements at the upper Ievels, canopies at pedestrian entries and
ameniry spaces, and with landscaped vinery walls and plantings. Landscaping and
artwork are a/so prapased to break up public fronting facades where windaws are
impractica/ due to interior configuratians. However, the proposa/ does not comply
with the entrance and connectivity standards for ground re/ated units a/ong SE 172nd
Campliantif St. The ground floor facades, specifical/y the ground related units along SE 172"d St,
Condition of are in need of additional human scale elements in order to reinfarce the pedestrian
ApprovolisMet orientation of the development used to justify the PUD request. Architectural
detai ing elements including entrance detailingjweather protection for graund related
units, fencing, connectivity, lighting fixtures, contrasting mafieria/s, and/or special
detailing would bring the proposa!inta compJiance with the intent of this standard to
create human-sca/e character in the pedestrian environmenfi. Therefore, staff
recommends as a candition of appraval, the applicant submit revised elevations
depicting entrance detailing/weather protection for ground re/ated units, fencing,
pedestrian cannectivity, lighting f+xtures, contrasting materials, andjar special
deta+ling a/ong SE 172"°St. The revised elevations shall be submitted to and approved
by the urrent Planning Project Manager prior to building permit approval whici ever
comes first.
If this condition of approva!is met rhe proposal would satisfy this standard.
Standard: C?n any facade visible ta the public, transparent windows andJar doors are
Compliantif req'sred #a comprise at least SQ percent af the portion of the ground floor facade
Condition of that is between 4 feet and 8 feet above ground (as measured on the true elevat'san).
Approva!is Met
Staff Comment:See discussion above.
Standard: lJpper portians of building facades shal! have clear windows with visibility
into and out of the building. However, screening may be applied to provide shade and
energy efficiency. The minimum amount of light transmittance for windows shafl be
5Q percent.
HEX Staff Report Avana Ridge PUP LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Co^^unity&Economic Development Hearing Examiner Recommendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 40 of 44
N/A Standard: Display windows shall be designed for frequent change of inerchandise,
rather than permanent displays.
N A Standard: Where windows or storefronts occur, they must principally contain clear
glazing.
Standard: Tinted and dark glass, highly reflective (mirror-type) glass and film are
prohibited.
Standard: Untreated blank walls visible from public streets, sidewalks, or interior
pedestrian pathways are prohibited. A wall (including building facades and retaining
walls) is considered a blank wall if:
a) It is a ground floor wall or portion of a ground floor wall over 6 feet in
N/A height, has a horizontal length greater than 15 feet, and does not include a
window, door, building modulation or other architectural detailing; or
b)Any portion of a ground floor wall has a surface area of 400 square feet or
greater and does not include a window, door, building modulation or other
architectural detailing.
Standard: If blank walls are required or unavoidable, blank walls shall be treated with
one or more of the following:
a) A planting bed at least five feet in width containing trees, shrubs,
evergreen ground cover, or vines adjacent to the blank wall;
N/A b)Trellis or other vine supports with evergreen climbing vines;
c)Architectural detailing such as reveals, contrasting materials, or other
special detailing that meets the intent of this standard;
d)Artwork,such as bas-relief sculpture, mural,or similar; or
e)Seating area with special paving and seasonal planting.
d. Building Materials:
Intent: To ensure high standards of quality and effective maintenance over time; encourage the use
of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add
visual interest to the neighborhood.
Guidelines: Building materials are an important and integral part of the architectural design of a
building that is attractive and of high quality. Material variation shall be used to create visual appeal
and eliminate monotony of facades. This shall occur on all facades in a consistent manner. High
quality materials shall be used. If materials like concrete or block walls are used they shall be
enhanced to create variation and enhance their visual appeal.
Standard:All sides of buildings visible from a street, pathway, parking area, or open
space shall be finished on all sides with the same building materials, detailing, and
color scheme, or if different, with materials of the same quality.
Standard:All buildings shall use material variations such as colors, brick or metal
banding, patterns or textural changes.
Standard: Materials, individually or in combination, shall have texture, pattern, and
be detailed on all visible facades.
Compliantif Standard: Materials shall be durable, high quality, and consistent with more
Condition of traditional urban development, such as brick, integrally colored concrete masonry,
HEX Staff Report Avana Ridge PUD LUAIS-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA RIDGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 41 of 44
Approval is pre-finished metal, stone, steel,glass and cast-in-place concrete.
J
Met
Staff Comment: In order to ensure that quality materials are used staff recommends
the applicant submit a materials board subject to the approval of the Current Planning
Project Manager prior to building permit approval. The board shal/include color and
materia/s for the following: guardrails, fa ade treatments, retaining wplls, raised
planters, siding, windows/frames, and canopies. Acceptab/e materra/s include a
combination of brick, integral/y colored concrete masonry, pre finished metal, stone,
steel, g/ass, cast-in-p/ace concrete, or other superior materials approved at the
discretion of rhe Administrator.
If this condition of approva/is met the proposa/wou/d satisfy this standard.
N A Standard: If concrete is used, walls shall be enhanced by techniques such as texturing,
reveals, and/or coloring with a concrete coating or admixture.
Standard: If concrete block walls are used, they shall be enhanced with integral color,
N/A textured blocks and colored mortar, decorative bond pattern and/or shall incorporate
other masonry materials.
l. CONCLUSIONS:-I
1. The subject site is located in the Residential High Density (HD) Comprehensive Plan designation and
complies with the goals and policies established with this designation if al conditions of approval are
met, see FOF 22.
2. The subject site is located in the Residential Multi-Family (RMF) zoning designation and complies with
the zoning and development standards established with this designation provided the applicant
complies with City Code and conditions of approval, see FOF 23.
3. The proposal complies with the Critical Area Regulations. Staff is in support of the requested buffer
averaging and stream alteration proposal provided the applicant complies with City Code and
conditions of approval, see FOF 24.
4. The proposal complies with the Urban Design Regulations provided the applicant complies with City
Code and conditions of approval, see FOF 29.
5. The proposal complies with the Planned Urban Development provided the applicant complies with City
Code and conditions of approval, with the exception of the private open space requirement, see FOF
25, 26, and 28.
6. There are adequate public services and facilities to accommodate the proposed development, see FOF
27.
I
J. RECOMMENDATION•
Staff recommends approval of the Avana Ridge PUD, File No. LUA15-000894, as depicted in Exhibit 2, subject
to the following conditions:
1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-
Significance Mitigated ERC Addendum, dated April 7, 2016.
2. The applicant shall be required to record formal Lot Combination or Binding Site Plan in order to ensure
the proposed buildings are not built across property lines. The instrument shall be recorded prior to
building permit approval.
HEX Staff Report Avana Ridge PUD LUAIS-000894
AGENDA ITEM #8. b)
City of Renton Department of Community&Economic Development Hearing Examiner Recommendation
AVANA R/DGE PUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 42 of 44
3. The applicant shall be required to submit a detailed landscape plan to the Current Planning Project
Manager prior to construction permit approval complying with RMC 4-4-070.
4. The applicant shall be required to submit a detailed landscape plan depicting at least 132, two-inch
caliper, trees (or the gross equivalent inches) on site; not including the those trees located within the
Native Growth Protection Easement. The detailed landscape plan shall be submitted to, and approved
by,the Current Planning Project Manager prior to construction permit approval.
S. The applicant shall submit a revised landscaping plan depicting a minimum three-foot landscaped
setback from the sidewalk at the base of retaining walls abutting, or within, public rights-of-way.
Landscaping shall include a mixture of shrubs and groundcover(trees are optional) in conformance with
the standards of RMC 4-4-070H4, Perimeter Parking Lot Landscaping. The revised landscaping plan
shall be submitted to, and approved by, the Current Planning Project Manager prior to engineering
permit approval.
6. The applicant shall submit a revised Mitigation plan which addresses the criteria found in RMC 4-3-
OSO.H.2 demonstrating the reduced buffer wouldn't negatively impact the function of the stream. The
revised mitigation plan shall be submitted to, and approved by, the Current Planning Project Manager
prior to engineering permit approval.
7. The applicant shall submit a revised Mitigation plan which addresses the criteria found in RMC 4-3-
050.H.2 demonstrating the bridged crossing wouldn't negatively impact the function of the stream.
The revised mitigation plan shall be submitted to, and approved by, the Current Planning Project
Manager prior to engineering permit approval.
8. The applicant shall establish a Native Growth Protection Easement over that part of the site
encompassing the stream and buffer area and place split rail fencing and signage along the outer edge
of the buffer. The Final Mitigation plan shall include all specifications for fencing and signage and shall
be submitted to, and approved by, the Current Planning Project Manager prior to engineering permit
approval.
9. The applicant shall be required to provide, to the Current Planning Project Manager, tree retention
inspection/monitoring reports after initial clearing, final grading, and annually for two years by a
qualified professional forester. The inspection/monitoring reports shall identify any retained trees that
develop problems due to changing site conditions and prescribe mitigation.
10. The applicant shall provide interpretive signage/information regarding differentiating elements (trees,
landscaping, drainage, architecture, etc.) of the proposed development at a strategic place(s) on site.
The site plan depicting the signage shall be submitted to, and approved by,the Current Planning Project
Manager prior to building permit/Final Plat approval whichever comes first.
11. A detailed fencing plan shall be provided identifying the location and specifications for all fencing on
site. All fencing shall be made of quality materials in keeping with the architectural aesthetic of the
proposed structures. The fencing plan shall be submitted to, and approved by, the Current Planning
Project Manager prior to building permit approval.
12. The applicant shall provide a lighting plan that adequately provides for public safety without casting
excessive glare on adjacent properties; at the time of engineering permit review. Pedestrian scale and
downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless
alternative pedestrian scale lighting has been approved administratively or is specifically listed as
exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site.
13. The applicant shall eliminate the proposed access restrictions along SE 172nd St in order to provide full
access along SE 172nd St. A revised site plan shall be submitted to, and approved by, the Plan Reviewer
prior to engineering permit approval.
HEXStaff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
Crty of Renton Department of Cor munity&Economic Development
i hlearing Examiner Recommendatron
AVANA R/DC,E PUD LUA15-Q00894,PPUD,ECF
Report of May 3, 2p16 Page 43 of 44
14. The applicant shall dedicate 1-foot behind the sidewalk in addition to right-of-way dedication for
luminaire foundations along Benson Drive S. The dedication shall be required prior to temparary
accupancy approval.
15. The applicant shall dedicate 1-foot behind the sidewalk in addition ta right-of-way dedication far
luminaire ft undations along SE 172nd St, The dedication shall be required prior to temporary
occupancy approval.
16. The appiicant shalt create a public outreach sign in coardination with City of Renton to communicate
with road users, the general public, area residences and businesses, and appropriate public entities
about project information; road conditions in the work zone area; and the safety and mobility effects of
the work zane.The sign shail be placed on site prior to constructian cammencement.
17. The applicant shall provide a revised site plan demonstrating compliance with the private apen space
standard of at least 15-feet in every dimension far all ground related units. The revised site plan shal!
be submitted to, and appraved by, the Current Planning Project Manager prior to building permit
approval whichever cames first.
28. The applicant shall provide revised elevatians demonstra#ing campliance with the private apen space
standard af at least 60 square feet in size with no dimension less than 5 feet for all upper story units.
The revised elevations shall be submitted to, and appraved by, the Current Planning Project Manager
prior to building permit appraval v,rhichever cames first.
19. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City
in an amount equal ta the provisions of RMC 4-9-060. Landscaping shall be planted within one year of
the date of final appraval of the planned urban development, and maintained for a period of 2 years
thereafter prior to the release of the security device. A security device far providing mainfienance of
landscaping may be waived if a landscaping maintenance contract with a reputabie landscaping firm
licensed to do business in the City of Renton is executed and kept active for a 2 year period. A copy af
such cantract sha11 be kept on file with the Planning Division.
20. The building entries from a street shall be clearly rrrarked with canopies, architectural elements,
ornamental lighting, and/ar landscaping and indude weather pratection at least four and ane-half feet
4-1/2') wide. The revised elevations shall be submitted to, and approved by, the Current Planning
Project Manager prior to building permrt approual.
21. The applicant shall be required to submit a revised site and landscaping plan depicting entrances and
pedestrian cannections from ground related residentia! units, along SE 172nd St,to the public sidewalk.
The revised landscape and site plan sha(I be submitted to and approved by the Current Planning Project
Manager prior to building permit appraval. Staff is aware there may be tapographic ehallenges with
entrances alang SE 172nd St and the applicant is encouraged ta provide stairs ta the units ar
demonstrate separate entrances are not feasible prior ta building permit approval.
22. The applicant shall submit revised refuse and recycle enciosure elevations which include a roof. The
revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior
to building permit approvai.
23. The applicant shall revise the site plan to depict a differentiatian in materials far all pedestrian
connections within parking areas andfor drive aisles an site. 7he revised site plan shal! be submitted to
and approved by the Current Planning Project Manager priar to building(engineering permit appraval.
If this condition of approval is met the propasa!would satisfy this standard.
24. The applicant shall provide detaiied specifications for ail site furniture, and art, in arder ta ensure
durable, vandal- and weather-resistant materials are used, The specificat'rons shall be submitted to,
and approved by,the Current Planning Project Manager prior building permit appraval.
NEX Staff Report Avana Ridge PUD LUA15-000894
AGENDA ITEM #8. b)
City of Renton Department of Community& Economic Development Hearing Examiner Recommendation
AVANA R/DGEPUD LUA15-000894,PPUD,ECF
Report of May 3, 2016 Page 44 of 44
25. The appiicant shall submit revised elevations depicting entrance detailing/weather protection for
ground related units, fencing, pedestrian connectivity, lighting fixtures, contrasting materials, and/or
special detailing along SE 172nd St. The revised elevations shall be submitted to and approved by the
Current Planning Project Manager prior to building permit approval whichever comes first.
26. The applicant shall submit a materials board subject to the approval of the Current Planning Project
Manager prior to building permit approval. The board shall include color and materials for the
following: guardrails, fa ade treatments, retaining walls, raised planters, siding, windows/frames, and
canopies. Acceptable materials include a combination of brick, integrally colored concrete masonry,
pre-finished metal, stone, steel, glass, cast-in-place concrete, or other superior materials approved at
the discretion of the Administrator.
HEX Staff Report Avana Ridge PUD_LUA15-000894
AGENDA ITEM #8. b)
EXHIBITS
Project Name: Project Number:
Avana Ridge Preliminary PUD LUA15-000894, ECF, PPUD
Date of Hearing Staff Co tact Project Contact/App icant Project Location
5/10/16 Rocale Timmons lustin Lagers 17249 Benson Rd S Renton,
Senior Planner Avana Ridge,LlC Wq
9675 SE 36th St,Ste 105;
Mercer Island,WA 98040
The following exhibits were entered into the record:
Exhibit 1 ERC Report
Exhibit 2 Site Plan
Exhibit 3 Landscape Plan
Exhibit 4 Elevations
Exhibit 5 Grading Plan
Exhibit 6 Geotechnical Report, prepared by Earth Solutions NW (dated December 21,
2015)
Exhibit 7 Coal Mine Hazard Study, prepared by Icicle Creek Engineers (dated March 22,
2004)
Exhibit 8 Coal Mine Hazard Study, prepared by Icicle Creek Engineers (dated January 20,
2009)
Exhibit 9 Drainage Report, prepared by D.R. Strong (dated December 28, 2015)
Exhibit 10 Supplemental Stream Study, prepared by Sewell Wetland Consulting(dated
December 22, 2015)
Exhibit 11 Conceptual Stream Mitigation Plan prepared by Sewell Wetland Consulting
December 28, 2015)
Exhibit 12 Habitat Data Report, prepared by Sewell Wetland Consulting(dated December
22, 2015)
Exhibit 13 Arborist Report, prepared by Greenforest Inc. (dated December 16, 2015)
Exhibit 14 Tree Retention Plan
Exhibit 15 Traffic Impact Analysis (TIA), prepared by TraffEx(dated February 2, 2016)
Exhibit 16 Public Comment Letters/Emails
Exhibit 17 Independent Secondary Review—Traffic Study, prepared by TenW(dated March
21, 2016)
Exhibit 18 Response Memo- Independent Secondary Review, prepared by Traffex (dated
March 26, 2016)
Exhibit 19: Staff Recommendation to the Hearing Examiner, dated May 3, 2016
Exhibit 20: SEPA Determination and Mitigation Measures (dated April 11, 2016)
Exhibit 21: CI 73—Residential Building Height
Exhibit 22: Elevation Perspectives
Exhibit 23: Transportation Concurrency
CITY OF
en on .
AGENDA ITEM #8. b)
C4TY QF
DEPARTMENT t3F C4MMU.TY r
u---
S-'
AND EC4NOMIC DEVELOPMENT
ENVfR01VMENTA!REVIEW COMMlTTEE REPORT
ERC MEETING DATE: April 11, 2016
Project Name: Avana Ridge PUD
Project Number:LUA15-000894, PPUD,ECF
Project Manager: Racale 7immons,Senior Planner
C?wner: Avana Ridge, LLC;9675 SE 36t"St,Ste 105; Mercer Island,WA 98040
Contoct: Justin lagers;Avana Ridge, LLC;9675 SE 36th St,Ste 105; Mercer Island,WA 98040
ProjecL Locarion: 172 9 8enson Rd S
ProjectSummary: The applicant is requesting a Preliminary Planned Urban Development and
Enviranmental (SEPA) Review far the canstructian af a multi-family development
containing 74 units in two 4-stary structures.The vacant 3.78 acre site is lacated within
the Residential Multi-Family (RM-F) zaning classification and the Residential High
Density (RHD) land use designation. The development would be camprised of two
separate multi-family residential structures resulting in a density of 2p.21 duJac. The
subject site is fronted by three public rights-af-way: SE 172nd St, Benson Rd 5 (108th
Ave SE) and Benson Drive S (SR-515). The applicant proposes ane entrance off of SE
172"a St between the proposed buildings, and another entrance off of Benson Road S.
There is an unnamed stream, classified Ns, bisecting the site which runs from east to
west. Pursuant to RMC 4-3-050, the applicant is proposing impacts to the stream
buffer through buffer averaging. Additionaliy, the site contains criticai slopes and Coal
Mine Hazards. The Preliminary PUD would be used to vary street, buiiding height,
parking, design, open space, and retaining wall standards. The applicant has praposed
to provide buffer enhancement as part af the proposed PUD pubtic benefit, atong with
the construction of enhanced open space, pedestrian amenities, and iandscaping.
Site Area:164,827 SF Total Building Area GSF:92,899 SF
STAFF Staff Recommendx#ha#the fnvironmenta) Review Cammittee issue a Determination
REC MMENDATIaN: af Non-Significance-Mitigated f DNS-M).
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Report
Geo3agical Engineering Services
Coal Mine Hazard Assessment
Cugini Property—Northwest Parcel
Renton g County),'Vashington
IViarch 22,2084
ProjectNo..0336-004
Prepared For:
Ateg Cugi i
Pre ared By;
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E HIBIT 7
AGENDA ITEM #8. b)
Full Dacument
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Report
Geotechnical Engineering Services
Proposed Property Development
Springbraok Itidge
Kia County Tax Parcel N+ns.
2923059QU9 and 2Q23459148
Re tou Washingtan
January 2G,20Q9
Praject No.0336-444
Frepared For:
Alex Cugini
Preparcd By:
Icicle Creek Eng tueers,Inc.
EXHIBIT 8
AGENDA ITEM #8. b)
Full Document
vailabie upon Request
Pretiminary Technical Information Report
TIR}
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AVANA RIDGE PUC
17249 Bensan Raad S and i0615 SE 172"d Stree#Renton,Washingtan
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Renton File No. PRE15-00 061 i
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Avana Ridge, LLC
9725 SE 36`h treet, Suite 214
Mercer lsland, Washingtan 98040
Repart Prepared by
D. R. STRONG Consulting Engineers, Inc.
620 7`h Avenue
Kirkland WA 98033
425) 827-3063
Report Issue Date
ecemner 2s, 20 EXHIBIT 9
G}2015 D. R.S1'RflNG Gonsulting Engineers(nc.
AGENDA ITEM #8. b)
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Availabie upon Reques
December 22, 2t 15
Justin Lagers
Avana Ridge, LLC
9675 SE 36 Street, Suite I05
Mercer Island, VVA
RE: Wetland and Supplemental Stream Study-Avana Ridge PUD
City of Renton, Washington
SWC Jab #15-1 S9
Dear Justin,
This report describes our observations of jurisdictional wetlands, streams
and buffers on or within 10Q' of the propased Avana Ridge PUD project in
the Cit of Renton, Washington €the "site").
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11
AGENDA ITEM #8. b)
k.- . -~ Sewatl Wetland Cansult nq. 1nc.
PC?Srnc8$U P1:253 853-0525
Fall C3iy,WA 9 6024
Fult Dacument
Available upan Request
December 22,201 S
Justin Lagers
Avana Ridge,LLC
9 25 SE 3b' Street, Suite 214
Mercer island,`7Vashingtan 98040
RE: Habitat Data Report—Avana Ridge
City of Renton, Washington
SWC 3ob#15-159
Dear Justin,
This report is in reference to the City of Renton's requirements for a Habitat Assessment
for the Avana Ridge project.
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AGENDA ITEM #8. b)
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Fu11 Docum nt
Available upon Request
December 16, 2015
Justin Lagers
Avana Ridge, LLC
9675 5E 35th St., Suite 105
Mercer !sland, WA 98040
RE:Tree Inspectian; Avana Ridge PPUD, Parcei Nos. 292305-9148, -9009; Rentan WA
Dear Mr. Cagers:
You contacted me and contracted my services as a consuiting arbarist. My assignment is to inspect
and assess fihe conditian af surveyed trees at the above referenced site. I received a topographic
survey of the site from DR Strong Consulting Engineers, showing the locations of the surveyed trees. I
visited the site on 10J1S/15 and inspected the trees, which are the subject of this repart.
Neither parcel is developed.The site has a 5W aspect with a stream delineated through the cent r of
the site,east to west. Both parcels are cavered in native vegetation, predaminatefy deciduo ts tree
species with moderate to dense lower understory.
TftEE INSPECT}ON
My inspection is limited to visual observation from the subject parcels and the ights-of-way. Both
health and structure were evaluated.A tree's structure is distinct from its heaith. Structure is the
way the tree is put together ar canstructed, and identifying o6vious defects can be helpfiul in
determining if a tree is predispased ta failure. Hea(th addresses disease and insect infestation.
No invasive procedures were performed on any trees.Th results of this inspection are based on
what is visible at the time of the inspection. I identified the species of each tree, confirmed trunk
diarneter(DBHj, estimated average dripline and rated the canditian of each tree.
Bigleaf maples on this site have a wide age and size range, The largest and oldest maple trees are
generally in the poorest condition.A handfu! of bitter cherry are scattered thraughaut the site, and
a!! are viaale. Black cottanwoods daminate the site in numbers, and there are€ar more younger
cottonwoods than older. The oldest and larger trees are in better conditic n overall, Many of
cottonwoods as edge trees lean excessiveiy away from the stand. Nearly a!f the smalfer cattonwoods
are very sfender. A#though they are heaithy and have na visibEe defects,their trunks are toa tall for
4547 South Lucile Street, Seattle, WA 98118 r.
EXNIBIT 13
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14
AGENDA ITEM #8. b)
Fu Document
Available up, q est
AVANA RiDGE APARTMENTS
REVISED TRAFFIG tMPACT ANALYSIS
c rv aF REr TON
Prepared far
Avana Ridge, l.E.0
9675 SE 36th St Suite 105
Mercer Island, WA 98Q40
Prepared by
1 C7R TN WES T
TR,A F, E P'FR T.S
1141 Q N.E. 4 24"' St., #590
FCirkland, Washington 98Q34
Telephone: 425.522.4'!18
February 2, 2016
EXHISIT 15
AGENDA ITEM #8. b)
i
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b Radtke 1uli and Mike 1/31/2016 E X X _ X X X X
c N14ss Mo!!y 2J31j2Q16 E X X X _
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d Ridenaur Daniel 1/32J2016 E X X X _—
e Braoker Emiiy 1/31J2016 E X X „_—
f Goods Doug 1J31J2016 E X X X X X
g Byrnes Genevieve 2/1/2016 E X
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h Miller 1erry 2/IJ2016 E X X X
i Yadack Wendy 2J1j2016 E X X X X
j Heine Molly 2/1/2016 E X X
k Cantu Caryn 2/1/2016 E X X X X X
I Reitz Phillip Z/1/2016 E X X X X X
m Gray Andrew 2/1/2016 E X _X
n (McMullin Kimmie 2/1/2016 E X X _ X
o Murphy Rhonda Rae 2/1j2016 E X X X
p Hanawait (lady 2/1/2Q16 E X X X X
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r Faas Mark 1J3Qi2416 E X X x
s Cramton Dawn 1J30J2416 E X X X
t Hanawalt (lody 2j7J2016 E X —
u Miller 7erry 4/4J2016 t X X X
v Yadock Wendy 4J5/2t316 E X X X
w Cantu fCaryn 4/b/2016 E X X X X X
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EXHIBIT 1fi
AGENDA ITEM #8. b)
Fult Document
Avai able upon Re,.est TE[y/i/
Transportation Engineering NarfhWest
NIEMORANaUM
DATE:Mcrrch 21,2Q16
TO: Rocale limmans, City of Renton -Current Planning,Senior Pianner
FROM: Michael Read, PE, Principai,TENW
St3B3ECT: Avana Ridge Traffic Impact Stvdy-Peer Review
TENW Project No.34b2
This memorandum docvments my review of #he Avana Rid,ge Apartments Rewrsed Tra c lmpact Study,
February 2, 2016, prepared by TraffEx, site plan anc! site accessjfrontage improvemerrP plans prepared
by DRS Cansulting Engineers, tznd fie!d work conducted in February 201 b refated to existing site frontage
conditions, available sight distance, and a genera4 fieic! conditions ta address trip distribufiian questions
outlined by#he City o Renton.
Avana Ridge TIS Peer Review
The following is c genera' list of assumptions, methads, and canclusians I have verified or recammend
verifica`ion and or modificQtion in review af the Avana Rid,ge Apartmenis Revised TJS, February 2 1 b:
The sludy pplies standard trip generc tion rates as pub'ished by the (nstitute of Tronspartation
Engineers in ihe Trip Generatian Mar uaf, 9' Edition, consistent wi#h standard practice.
The trip dis ribution assumptians appear rec sonab!e ir general, alt'oUgh the overal! tatal in Figure
4 only indicates 99/. The totc! number oE trips during the p.m. peak hour however, appear to be
dis ributed 10 the proposed site c ccess driveways. Given o majorily of trips c re expected to be
clistributed ta/fram the south, the "equitable distribution" of estima#ed trips currently assumed
entering the site frorn SR 515 seems nlikely given that ca mc jarity of parking access wi!I be
accessed via the driveway onto Benson Rood. A directiono) split should be identified 6etween
fhese two access points that reflects the circuitous rouSe" fforded by SE 172"d Street versus the
c irect si e entry onto Bensan Road f both entering c nc exiting tra{{ic. Also, t{e tri c istri ution
figure should be s djusted to better indicate the actua! laccation of the entry driveway onto SE 172 d
Street (immedia ely east of 106 h Avenue SE.
Refated to trip assignment, existing a.m. and p_m. peak hour tra{fic counts between SE 172nd
Street and 10$th Avenue SE should be balanced. !n gsneral, reported troffic counts at the
proposed sike access lacation are directionolly higher along Benson Road at 108rh Avenue SE.
Traffic operational ancrlysis shauld consider the worse-case scenario and given the inlerseckian
Trcnsporfation Planning esigr Traffic lmpacfi 8 Opert tians
PO 8ox 6525d,Seattie,WA 48 i 55 Offtce(206}361-
EXNIBIT 17
AGENDA ITEM #8. b)
Full Document
dv a'T'- Available upon Request11410h1E124t
t Phor e: 425,
Mr. Justin Lagers March 26, 2016
Avana Ridge, LLC
9675 SE 36th St. Suite 1 q5
Mercer Island, WA 9804p
Re: Avana Ridge Apartrnents— City of Renton
Memarandum - Revisions to TIA per Peer Review
Dear Mr. Lagers:
The purpose of this memo is to pravide revisirmns to the Rvana Ridge Tra c
Impact Analysis per the recornmendations in the March 21, 2016 Peer Review Memo
prepared by TENW. The recommendations dealt with:
revising trip distribution and assignment due to a restricted site driveway access
to SE 172"d St. and also the sharter#rip length us9ng the Bensan Rd. driveway
for south oriented trips
balancing tra c volumes between intersections
revising level of senrice calculations due to new trip distribution
evaluating tra c queues on Benson Rd. from #he SR 515/Benson Rd.
intersection
evaluating left turn lane warrants into the site access driveway from Bensan
taad.
Trip Distribution and Assiqnmen#
Figures R1 and Ft2 shaw the revised trip dis#ribution and assignment ofi site
genera#ed traffic in the AM and PM peak haurs. The revisions refiec# a restricted
access#o SE 1?2n SE. aliowing anly left#ums into the site and right tums out of the site.
A care#ul design af the site access driveway should effectively eliminate mas#site
generated t ips to the west on SE '172" St. and to the nor h an 'i 06', 105' and Cedar
Ave. Also, site generated trips oriented to the south were assigned to the Benson Rd,
driveway since it provides a shorter route to SR 515 than the driveway ta SE 172"a
S#reet.
Page 1 EXHIBIT i8
AGENDA ITEM #8. b)
t en s Gaw City ofMaor e
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April 15, 2016 Community&Ecanomic Development[?epartment
C.E."Chip"Vincent,Administrator
Washington State
Department of Ecology
Environmental Review Section
PO Box 47703
Ofympia, WA 98504-77t}3
5ubje+ct: ENViRaNMENTAt(SEPAI THRESHO D DETERMiNAT10N
Transmitted herewith is a copy of the Environmental Determination for the foilowing
praject reviewed by the Environmental Review Committee (ERC) an Aprii 11, 2Q16:
SEPA DETERMINATION; Determination of Non-Signi cance Mitigated (DNSM
P4tO,tECT NAME: Avana Ridge UD
PROIECT NUMBER: LUA15-00089d, PPUt?, ECF
Appeats of the environmentai determination must be filed in writ ng on ar before 5.00
p.m. on Apri129, 2016,tage#her with the required fee with: Nearing Examiner, City of
Renton, 1055 South Grady Way, Renton, WA 98057. Appea(s to the Examiner are
governed by RMC 4-8-110 and information regarding the appeai process may be
obtained fram the City Clerk's Qffice, (425) 430-6510.
Please refer ta the enclosed Notice of Environmental Determination for complete
details. !f you have guestions, please call me at {425 434-7219.
For the Environmental Review Cornmittee,
f L.Ld'
Rocale Timmans
Senior Planner
E closure
cc: King County Wastewater Treatment Oivislon Ramin Pazooki,WSDOT,NW Region
Boyd Powers,Department of Natura)Resources Larry Fisher,WDFW
Karen Walter,Fisheries,Muck(eshaat tndian Tribe Duwamish Tribal Office
Me}issa Calvert,Muckleshoot CulLural Resources Frogram US Arrny Corp,of fngineers
Gretchen Kaehler,Off3ce of Archaeology&Historlc PreservatEon
Ful1 Document EXNIBIT 20
Available upan Request
ith Gr dy Way . Renton,Wasfiingtan 9$057 • rentonwa.gov
AGENDA ITEM #8. b)
a. ,,.._,.r..
City ofr_
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Department of Community and Ecanomic Develapment
Planning Division
ADMlNISTRATIVE POLlCY/CQDE INTERPRETATION
ADMINISTRATIVE Futi Document
Po cY/cooE Availabte upan Request
lNTERFRETATt{}N#: CI-73- REVISED
MUNlCIPA!
CODE SECTIONS: 4-2-110.A,4-2-110.6,4-2-110.D, 42-115,4-11-020, and 4-11-23Q
REFERENCE:
SUBJECT: Residential Building Height (RC thru RMF)
BACKGROUND: Erratum Statement: CI-73 implemented changes to the
method af height measurement for structures in the RC
through RMF zones. This erratum statement affects the
two-stary limitation far R-14 zaned properties by
increasing it to three. Dacket#116 advacates for increased
height and story limits for se}ect zones, including the RMF
zane. 7he R-14 zone is transitianal between the R-1Q and
RMF, and therefore R-14 standards are intended to offer a
compromise between the restrictions of the R-10 and the
aflowances of the RMF zone. By limiting wall plate height
to 24' yet allowing three stories, the R-14 zone would
provide an appropriate transitian between the R-10 and
RMF zanes with respect to building height.
By definition, the current method to determine a building's height is to
measure the average height of the highest roof surface from the grade
plane (i.e., average grade). The maximum height allowed in the RC
through R-14 zones is 30 feet 35' in the RMF).The implementation of a
maximum height" (RMC 4-2-110.A} as applied ta roofed buildings is
incansistent and contracfictory with the intent and purpase statements of
Title IV related to residentia! design tRMC 4-2-115). Furth er, regulating
the height of non-roofed structures is unenforceable by Title IV (except
for Building Code). The ambiguity and contradictary aspects of the code
exist for twa reasons:
1. Height is measured to the midpoint of a raof; and
2. Flat roofs are abie to be as tail as buiidings w'rth pitched roofs, which
increases the bui{ding's massing.
H:CED\Planning\Title IV\Oocket\Administrative Policy Code Interpretation\CI-73\Code Int EXHIBIT 21
AGENDA ITEM #8. b)
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AGENDA ITEM #8. b)
DEPARTMENT OF CUMMUNITY
y,,,,.•s '`V'"` { t f`}AND ECC?NOM#C DEVELOPMENT
M E M Ca R A 1 Q U M
DATE: January 11, 2016
TQ: Racale Timmons, Senior Pianner
FROM: Brianne Bannwarth, Development Engineering Manager
SUBIECT. Traffic Concurrency Test—Avana Ridge East and West;
File No. B1S00$865 and 815008867
The applicant is requesting Building Permits for two apartment buiidings under separate
building perrr its. Avana Ridge East is 40 units (Permit No. 615008865} and Avana Ridge West is
34 units (Permit No. 815008867). The subject site is iocated at 10619 SE 1725nd Street. The
vacant site is located within the Residential Multi-Family zoning classificatian.
The propased develapment would generate appraximately 572 ne# new average weekday daily
trips. During the weekday AM peak hour, the project wouid generate approximately 40 net new
trips (8 inbound and 32 outbound). During the weekday PM peak hour, the project would
generate approximately 58 net new trips (38 inbound and 24 outbaund}. The proposed project
passes the ity of Renton Traffic Cancurrency Test per RMC 4-6-07t}.D as follc ws:
Traf c Cancurrency Tes#Criteria Pass
I lmplementation of citywide Transportatian Plan Yes
I
Within aiiowed grawth leveis Yes
Project subject to transpc rtation mitigation or impact fees Yes
Site specific street impravements to be completed by project Yes
Traffic Concurrency Test Passes
Futl Dacument
Avai[able upon Request
EXNIBIT 23
AGENDA ITEM #8. b)
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ERC MEETING DATE: April 11, 2016
Project Name: Avana Ridge PUD
Project Number:LUA15-000894, PPUD, ECF
Project Manager: Rocale Timmons,Senior Planner
Owner: Avana Ridge, LLC;9675 SE 36th
St, Ste 105; Mercer Island, WA 98040
Contact: Justin Lagers;Avana Ridge, LLC; 9675 SE 36th St, Ste 105; Mercer Island, WA 98040
Project Location:17249 Benson Rd S
Project5ummary: The applicant is requesting a Preliminary Planned Urban Development and
Environmental (SEPA) Review for the construction of a multi-family development
containing 74 units in two 4-story structures. The vacant 3.78 acre site is located within
the Residential Multi-Family (RM-F) zoning classification and the Residential High
Density (RHD) land use designation. The development would be comprised of two
separate multi-family residential structures resulting in a density of 20.21 du/ac. The
subject site is fronted by three public rights-of-way: SE 172nd St, Benson Rd S (108th
Ave SE) and Benson Drive S (SR-515). The applicant proposes one entrance off of SE
172"d
St between the proposed buildings, and another entrance off of Benson Road S.
There is an unnamed stream, classified Ns, bisecting the site which runs from east to
west. Pursuant to RMC 4-3-050, the applicant is proposing impacts to the stream
buffer through buffer averaging. Additionally, the site contains critical slopes and Coal
Mine Hazards. The Preliminary PUD would be used to vary street, building height,
parking, design, open space, and retaining wall standards. The applicant has proposed
to provide buffer enhancement as part of the proposed PUD public benefit, along with
the construction of enhanced open space, pedestrian amenities, and landscaping.
Site Area:164,827 SF Total 8uilding Area GSF:92,899 SF
STAFF Staff Recommends that the Environmental Review Committee issue a Determination
RECOMMENDATION: of Non-Significance-Mitigated(DNS-M).
ti
Project Location Map
ERC Report
AGENDA ITEM #8. b)
City of Renton Department of Community&E,.. ,omic Development nvironmental Review Committee Report
AVANA RIDGE PUD LUA15-000894,PPUD,ECF
Report of April 11,2016 Page 2 of 13
PART ONE: PROJECT DESCRIPTION/BACKGROUND
The applicant is requesting a Preliminary Planned Urban Development (PPUD) and Environmental (SEPA} Review for
the construction of a multi-family development containing 74 units, in two 4-story structures. During our review,
staff determined additional information was necessary in order to proceed. On February 15, 2016 the project was
placed on hold pending receipt of an Independent Secondary Review of the provided Traffic Study. The applicant
submitted all necessary documentation and on March 30, 2016 the project was taken off hold. Submittals included
an Independent Secondary Review of the provided Traffic Study prepared by TENW, dated March 21, 2016 (Exhibit
17). In addition, the applicant also provided a memo, dated March 26, 2016, in response to the recommendations
included in the secondary review(Exhibit 18).
The project site is located on the northwesterly corner of the intersection of Benson Drive S and Benson Rd S. The
site is triangularly shaped and consists of two separate tax parcels (Parcel #292305-9009 and #292305-9148),
totaling 164,828 square feet in area (3.78 acres). The site is located within the Residential Multi-Family (RM-F)
zoning classification and the Residential High Density(RHD) Comprehensive Plan land use designation. Surrounding
uses include: a daycare facility abutting the property to the east (zoned RM-F); existing single family residences to
the north (zoned R-8); southeast of the site, along
108th Ave SE, a vacant parcel (zoned RM-F); and across Benson
Drive S, to the west, uses consists of multi-family, public storage, and a dental office (zoned CA).
The subject site is currently undeveloped with a ground cover of second growth conifer, deciduous trees and brush.
The development would be comprised of two separate multi-family residential structures resulting in a density of
20.21 du/ac. The proposed 74 units would be comprised of(28) 1-bedroom units, (29) 2-bedroom units, and (17) 3-
bedroom units.
Access to the site is proposed via SE 172"d
St, between the east and west buildings, and another ingress/egress point
via Benson Rd S. The two access points create a through road for emergency vehicle ingress/egress across the
property. The proposal is served by a surface parking area to the south of the two structures, flanking the main
access drive. A total of 94 parking stalls would be provided in the surface parking area. An additional 20-parking
stalls would be provided along the street.
An unnamed seasonal stream, characterized as Ns pursuant to RMC 4-3-050, bisects the northern and southern
portions of the site and runs east to west. The applicant is proposing buffer averaging pursuant to RMC 4-3-050. A
Wetland and Supplemental Stream Study was performed by Sewall Wetland Consulting, Inc. on December 22, 2015
Exhibit 10). An historic coal mine, known as the Springbrook mine, as well as its associated opening is also located
on the site near the south property line. The coal mine is designated as a High Coal Mine Hazard pursuant to RMC 4-
3-050.A Coal Mine Hazard Assessment was performed by Icicle Creek Engineers, Inc. on March 22, 2004 and January
20, 2009 (Exhibits 7 and 8). Additionally,there are critical slopes located on site.
The applicant is proposing the construction of a large 19,795 square foot landscaped community open space at the
southern portion of the site. The community open space incorporates active and passive space, with a central
connecting sidewalk which links the open space to the public right of way. A central path and complementing
pedestrian bridge crossing is proposed to be constructed to create an access point to the community open space
from the surface parking lot.
There are a total of 429 trees on site of which 46 trees are proposed to be retained outside of the critical area and
buffer. Preliminary earthwork for the proposal includes 11,000 cubic yards of excavation and 3,250 yards of fill.
The Preliminary PUD would be used to modify parking,street, open space, retaining wall, building height, and design
standards. The applicant has proposed to preserve the stream onsite, provide additional buffer, create a large
public amenity space as part of the proposed PUD public benefit, along with enhanced pedestrian and vehicular
circulation, pedestrian amenities, and landscaping.
Construction of the development is anticipated to begin in May of 2016 and would be completed in July of 2017.
ERC Report
AGENDA ITEM #8. b)
City of Renton Department of Community&F omic Development nvironmental Review Committee Report
AVANA R/DGE PUD __ y
LUA15-000894,PPUD, ECF
Report of April 11, 2016 Page 3 of 13
Staff received several traffic related comments/concerns. Also included in the comments letters were concerns
related to: access, open space, street improvements, drainage, wildlife, density, and quality of life (Exhibit 16). Non-
Environmental 'SEPA' Review concerns will only be addressed as part of staff's recommendation to the City's
Hearing Examiner for the Preliminary PUD and are not included in this report.
Non-SEPA concerns include, but are not limited to the following: zoning, permitted uses, density, construction
mitigation/traffic control, crime, landscaping, access, parking, retaining walls, setbacks, utilities, public services, and
home sizes.
Studies provided by the applicant include a stormwater report, traffic study, habitat assessment, wetland and
supplemental stream study, arborist report,geotechnical and a coal mine hazard report.
PART TWO: ENVIRONMENTAL REVIEW
In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project
impacts that are not adequately addressed under existing development standards and environmental regulations.
A. Environmental Threshold Recommendation
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials:
Issue a DNS-M with a 14-day Appeal Period.
B. Mitigation Measures
1. An updated Coal Mine Hazard Report shall be submitted demonstrating the proposal will not increase
the threat of the geological hazard to adjacent or abutting properties beyond pre-development
conditions and the development can be safely accommodated on the site. The report shall also discuss
any measures employed in the final site/building design which serve to mitigate coal mine subsidence
risk. If no measures are employed,the applicant shall provide justification for the exclusion of additional
measures. The updated Coal Mine Hazard Report shall be submitted to, and approved by, the Current
Planning Project Manager prior to engineering permit approval.
2. One (1) Electronic Speed Radar Sign shall be installed in the northbound direction on both 106th Ave SE
and 104th Ave SE. The applicant shall install the signs, mounting poles, and associated equipment, at
the direction of the City. All improvements shall be included in the engineering permit submittal for
review and approval, and shall be constructed prior to temporary occupancy.
3. The applicant shall provide an off-site sidewalk, along the south side of SE 172"d St and the west side of
Benson Rd S, approaching the intersection. The width of the off-site sidewalks shall be consistent with
the widths proposed along the frontage of the subject site. ADA ramps shall also be constructed at the
southwest corner of the intersection. Finally, a street lighting analysis is required to be conducted by
the developer at the southwest corner of the intersection of SE 172"d St and Benson Rd S. If necessary,
required street lighting shall be provided according to City standards. All improvements shall be
included in the engineering permit submittal for review and approval, and shall be constructed prior to
temporary occupancy.
C. Exhibits
Exhibit 1 ERC Report
Exhibit 2 Site Plan
Exhibit 3 Landscape Plen
Exhibit 4 Elevations
Exhibit 5 Grading Plan
Exhibit 6 Geotechnical Report, prepared by Earth Solutions NW(dated December 21, 2015)
Exhibit 7 Coal Mine Hazard Study, prepared by Icicle Creek Engineers (dated March 22, 2004)
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Report af April 11, 2016 Page 4 of 13
Exhibit 8 Coai Mine Hazard Study, prepared by Icicle Creek Engineers(dated January 20, 2009)
Exhibit 9 Drainage Report, prepared by D.R.Strong (dated December 28, 2015)
Exhibit 10 Supplemental Stream Study, prepared by Sewell Wetland Consulting(dated December
22, 2015)
Exhibit 11 Conceptual Stream Mitigation Plan prepared by 5ewell Wetland Consulting(December
28, 2015)
Exhibit 12 Habitat Qata Report, prepared tay Sewell Wetland Consulting(dated December 22,
2015j
Exhibit 13 Arborist Report, prepared by Greenfarest Inc. (dated December 16, 2015}
Exhibit 14 Tree Retention Pian
Exhibit 15 Traffic impact Analysis{T1A}, prepared by TraffEx(dated February 2, 2016j
Exhibit 16 Public Comment Lettersf Emaiis
Exhibit 17 independent Secondary Review—Traffic Study, prepared by TenW(dated March 21,
201fi)
Exhibit 18 Response Memo- Independent Secondary Review, prepared by Traffex(dated March
26, 2016)
D. Enviranmentallmpacts
The Proposa/ was circu/ated and reviewed by various City Departments and Divisians to determine whether rhe
ppplicant has adequately identified and addressed environmental impacts anticipated ta accur in conjunction
with the proposed develapment. Staff reviewers have identified that the proposal is likely to have the following
probab/e impacts:
1. Earth
Impacts: The site can best be characterized as hilly generally sloping south toward the stream on site and
Benson Drive S. Slopes on-site range from 8 to 15% with a tapographic relief af approximately 35 feet. The
steepest siape on the site is approxirnately 20% in the praximity of the stream on site. The applicant is
propasing excavation in the amount of approximate y 11,000 cubic yards. Approximately 3,250 cubic yards
of fiil is proposed, of which 1,000 cubic yards wauld be imported structured fiil. Foilawing construction the
appiicant is prnposing an impervious cover af approximately 53% of the net site area, minus right-of-way
dedicatians and the stream on site. Less than 40% impervious cover is proposed when using the gross site
area.
The applicant submitted a Geotechnical Report prepared by Earth Solutions NW, dated December 21, 2015
Exhibit 6). The report states that there are no geotechnical canditions on site which would preclude the
propased development and the development would likely be supported by conventional foundatians.
The soils on site were classified as Vashon till, beginning at approximately 2 to 6 feet below grade. Bedrock
was encauntered approximately 22 to 43 feet below grade. No groundwater seepage was faund by Earth
Salutions NW. However, groundwater seepage was encountered by Icicle Creek Engineers during their field
visit, for the coal mine hazard analysis, at ane to two feet below grade (Exhibit 7). Therefore, perched
seepage zones are anticipated during construction depending on the time of year grading activities take
place.
The geotechnical report includes specific recommendations in arder to mitigate potentia! geotechnica!
impacts including: site preparation, structural fill, foundations, drainage cansiderations, hazards including,
and project design and monitoring. The applicant wil! be required to comply with the recommendations
included in the provided Geotechnical Engineering Report (Exhibit 6j,
A coal mine was operated historically urithin the southerr portion af the site, afang the southwesterly
property line. Accarding to the Coal Mine Hazard Study, prepared by fcicle Creek Engineers on lanuary 26,
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2009, the coal mine is designated a High Coal Mine Hazard (CH) as defined by RMC 4-3-050 (Exhibit 8). The
classification was affirmed by Earth Solutions NW in the provided Geotechnical Report(Exhibit 6).
High Coal Mine Hazards are considered areas with abandoned and improperly sealed mine openings and
areas underlain by mine workings shallower than 200 feet in depth for steeply dipping seams, or shallower
than 15 times the thickness of the seam or workings for gently dipping seams. These areas may be affected
by collapse or other subsidence. The main entry and airshaft for the Springbrook mine is also located on
site. Icicle Creek Engineers encountered approximately 15feet of fill at what appears to be the mine entry,
estimated to be 5 to 8 feet in diameter, and inclined at approximately 55 to 60 degrees to the south (Exhibit
8).
There were several recommendations to mitigate potential risk of the coal mine hazard/former entry as part
of the Icicle Creek Engineer report, including the excavation of the fill at the mine entry and backfilling with
controlled density fill (Exhibit 8). However, these recommendations were based on a former proposal for a
development which included structures in the southern portion of the site. The proposed development is
setback approximately 125 feet from the coal mine hazard and would likely not have the same impacts as
the former development. However, there are some grading activities and smaller recreational
improvements in the proximity of the coal mine hazard which may potentially be affected by mining related
subsidence.
Therefore, staff recommends a mitigation measure requiring an updated Coal Mine Hazard Report
demonstrating the proposal would not increase the threat of the geological hazard to adjacent or abutting
properties beyond pre-development conditions and the development can be safely accommodated on the
site. The report shall also discuss any measures employed in the final site/building design which serve to
mitigate coal mine subsidence risk. If no measures are employed,the applicant shall provide justification for
the exclusion of additional measures. The updated Coal Mine Hazard Report shall be submitted to, and
approved by,the Current Planning Project Manager prior to engineering permit approval.
Removal of the existing vegetated cover during construction would leave soils susceptible to erosion. The
applicant will be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant
to the 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements.
A number of retaining walls are also proposed to be constructed on site as part of the grading proposal
Exhibit 5) and will be further reviewed as part staff's recommendation to the Hearing Examiner for the
Preliminary PUD.
Mitigation Measures: An updated Coal Mine Hazard Report shall be submitted demonstrating the proposal
will not increase the threat of the geological hazard to adjacent or abutting properties beyond pre-
development conditions and the development can be safely accommodated on the site. The report shall
also discuss any measures employed in the final site/building design which serve to mitigate coal mine
subsidence risk. If no measures are employed, the applicant shall provide justification for the exclusion of
additional measures. The updated Coal Mine Hazard Report shall be submitted to, and approved by, the
Current Planning Project Manager prior to engineering permit approval. If mitigation measures are includes,
they shall be implemented during utility permit construction.
Nexus:SEPA Environmental Regulations, RMC 4-3-050 Critical Area Regulations
2. Water
a. Wetland,Streams, lakes
Impacts: The applicant submitted a Wetland and Supplemental Stream Study, prepared by Ed Sewell
Consulting Inc., dated December 22, 2015 (Exhibit 10). The report states there are no wetlands located on
site. An unnamed seasonal stream (Stream A) has been identified on the subject site. Stream A bisects the
northern and southern portions of the site and runs from east to west. As defined by RMC 4-3-050.G the
stream best meets the criteria of a Type Ns stream due to its intermittent flow and lack of fish use. Class Ns
streams have a standard buffer of 50 feet as measured from the Ordinary High Water Mark (OHWM) as well
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as a 15-foot setback from the edge of the buffer to any structure. The applicant is proposing buffer
averaging for portions of the stream buffer. Additionally, the applicant is proposing an alteration within the
stream and its associated buffer for a pedestrian crossing. It should be noted that the Habitat Biologist for
WDFW concluded the on-site stream is not a jurisdictional water, or a "water of the state". As a result no
Hydraulic Permit Approval(HPA) permit is required from Washington Department of Fish &Wildlife.
Stream Buffer Avera in Proposal:
RMC 4-3-050.1.1 altows for critical area buffers to be reduced to no less than a 25-foot minimum for Type Ns
streams. The applicant has proposed buffer averaging, with reductions of the buffer down to 25feet, for
Stream A. Overall the applicant is proposing buffer reductions in the amount of approximately 8,835 square
feet to be mitigated with buffer additions in the amount of approximately 9,527 square feet. The applicant
is also proposing buffer enhancement for those portions of the buffer which would be reduced. Pursuant to
RMC, buffer width averaging may be allowed by the reviewing official only where the applicant
demonstrates all of the following:
i. There are existing physical improvements in or near the water body and associated riparian area;
and
ii. Buffer width averaging will result in no net loss of stream/lake/riparian ecological function;and
iii. The total area contained within the buffer after averaging is no less than that contained within the
required standard buffer width prior to averaging; and
iv. The proposed buffer standard is based on consideration of the best available science as described in
WAC 365-195-905: and
v. Where the buffer width is reduced by averaging pursuant to this subsection, buffer enhancement
shall be required.
The existing stream buffer, which separates the north apartment building area from the southern open
space, is mostly existing forest (primarily Alder and Cottonwood) with an understory dominated by invasive
Himalayan blackberry. The buffer would be enhanced through the removal of the invasive blackberries and
other undesirable vegetation and replaced with native understory vegetation. There are existing road
improvements within the buffer on both the east and west sides of the stream. The applicant's
Supplemental Stream Study concluded the buffer reduction, through averaging, would have the physical
characteristics that can protect water quality and functions of the stream on site (Exhibit 10).
Staff has reviewed the stream buffer averaging proposal for Stream A, and agrees that the proposal meets
all requirements found in RMC 4-3-050.1.1. However, the provided stream study does not include a
demonstration of compliance with criteria found in RMC 4-3-050.H.2. Therefore, staff was unable to verify
that through the enhancement of the buffer and the use of low impact development strategies the reduced
buffer will function at a higher level than the standard buffer. Staff will be recommending a condition of
Preliminary PUD approval to address this concern prior to construction permit approval.
Stream Alteration Proposal:
RMC 4-3-050.1.2.a allows for the construction of non-vehicular transportation crossings. The applicant has
proposed a pedestrian bridge trail crossing over Stream A. Pursuant to RMC, crossings may be permitted by
the reviewing official only where the applicant demonstrates all of the following:
i. The proposed route is determined to have the least impact on the environment, while meeting City
Comprehensive Plan Transportation Element requirements and standards in RMC 4-6-060; and
ii. The crossing minimizes interruption of downstream movement of wood and gravel; and
iii. Transportation facilities in buffer areas shall not run parallel to the water body; and
iv. Crossings occur as near to perpendicular with the water body as possible; and
v. Crossings are designed according to the Washington Department of Fish and Wildlife Fish Water
Crossing Design Guidelines, 2013, and the National Marine Fisheries Service Guidelines for Salmonid
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Passage at Stream Crossings, 2000, as may be updated, or equivalent manuals as determined by the
Administrator; and
vi. Seasonal work windows are determined and made a condition of approval; and
vii. Mitigation criteria of subsection L of this Section are met.
The path would connect the north and south sides of the buffer, crossing over Stream A, via a pedestrian
bridge. The bridge would also serve to connect the proposed structures to the proposed open space on the
southern portion of the site. The proposed bridged trail crossing is located within a narrow portion of the
stream, above the flow path of water, and is perpendicular to the water body.
Staff has reviewed the alteration proposal for the bridge across Stream A, and agrees that the proposal
meets all requirements found in RMC 4-3-050.J.2. However, the provided stream study does not include a
demonstration of compliance with criteria found in RMC 4-3-050.H.2. Therefore, staff was unable to verify
that the bridged crossing will not impact the function of the stream. Staff will be recommending a condition
of Preliminary PUD approval to address this concern prior to construction permit approval.
Additional conditions associated with Preliminary PUD approval will likely include signage and fencing and
review and approval of a final stream mitigation plan. In order to preserve and protect the stream and its
associated buffer the applicant will be required, to establish a Native Growth Protection Easement over the
parts of the site encompassing stream and buffer areas.
Mitigation Measures: No further mitigation needed
Nexus: Not applicable
b. Storm Water
Impacts: The site is located within the Black River drainage basin and Panther Creek drainage sub-basin.
Upstream runoff enters the site in two locations. Portions of SE 172"
d St and 106`h Ave SE direct upstream
runoff across the northern property line. Upstream runoff from the west side of Benson Rd S flows into a
ditch along the east property line. Runnoff currently discharges at the sites western property line, at two
locations, and heads north through a conveyance system in Benson Drive S. The flows eventually cross
under Benson Drive S and conveyed a westerly direction in a series of pipes and catch basis eventually
outfalling into Panther Creek.
This project is required to comply with the 2009 King County Surface Water Manual and the City of Renton
Amendments to the KCSWM, Chapter 1 and 2. Based on the City's flow control map, this site falls within the
Flow Control Duration Standard, Forested Conditions. This project is subject to full drainage review. The
applicant submitted a Preliminary Drainage Report prepared by D.R. Strong, dated December 28, 2015
Exhibit 9).
The report also includes a detailed summary of the pre and post developed conditions. The stormwater
detention and water quality treatment would be provided within a combined detention/water quality vault
under the parking area located in the western portion of the site. The combined detention/water quality
vault would be followed by a media filtration system to accommodate the Enhanced Water Quality
Treatment requirements for multi-family development. For water quality features that are not in the City
Amendments or the 2009 KCSWDM, and which have the General Use level designation through the state
Department of Ecology's Technology Assessment Protocol—Ecology(TAPE) program, an adjustment process
request is required. Conditions associated with Preliminary PUD approval will likely include a requirement
for the submittal, and approval, of an Adjustment in order to utilize water quality features which are not in
the City Amendments or the 2009 KCSWDM.
Mitigation Measures: No further mitigation needed
Nexus: Not applicable
3. Vegetation
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Impacts: The site is currently forested with mixed canopy dominated by Douglas fir, red cedar, big leaf
maple, Scouler's willow, and black cottonwood. The site's understory is dominated by tndian plum,
hazelnut, Himilayan blackberry, sword fern, and creeping blackberry. The applicant provided a Tree
Protection Plan/Arborist Report, completed by Greenforest Inc., dated December 16, 2015 (Exhibit 13).
Based on the provided tree inventory, 429 trees are located on the subject site. There are 114 trees located
in critical areas and associated buffers; 67 trees were identified as dead, diseased, or dangerous; and 37
trees would be located within proposed rights-of-way. This results in the exclusion of 218 trees from
retention calculations. As such, 211 trees were utilized to calculate retention requirements of 10% of the
significant trees located on the site. Therefore, the applicant would be required to retain at least 42 trees
on site. The provided Tree Retention Plan depicts the retention of 46 trees outside of the critical areas and
their associated buffers which serves to meet tree retention requirements (Exhibit 13). Additional analysis
will be provided as part of staff's recommendation to the Hearing Examiner on the Preliminary Planned
Urban Development.
Mitigation Measures: No further mitigation recommended
Nexus: Not applicable
4. Wildlife
Impacts: The applicant submitted a Fish and Wildlife Habitat Assessment, prepared by Sewell Wetland
Consulting, Inc., dated December 22, 2015 (Exhibit 12).
Several potentially regulated fish and wildlife habitats and priority species are identified in the vicinity of the
project according to the list generated by the Washington Department of Fish and Wildlife' (Priority Habitats
and Species list). The provided report identifies two mechanisms as having potential for impacting
potentially regulated fish and wildlife species and/or associated habitat: temporary impacts from
construction noise and long term effects associated with increased impervious surfaces.
This study identified that no state or federally listed species were identified or known to use the site and/or
are located on or near the site. Pursuant to the provided report there is no "critical habitat" as defined by
Renton Municipal Code located on or near the subject site. Offsite priority aquatic species associated with
the Panther Creek in water habitat are not anticipated to be impacted if the proposal complies with
stormwater requirements as listed above.
While the above conclusions may be true,the site still provides habitat for many non-state or federally listed
species. Noted in the projects SEPA check list, and comments from parties of interest, several birds and
mammals utilize the site (coyote, mule deer, raccoon, opossum, eastern gray squirrel, barn owl, European
starling, common crow,flicker,garter snake, Pacific tree frog,songbirds, and small rodents).
The removal of a large portion of the trees would impact existing habitat for common local wildlife.
However, the applicant proposes a large, landscaped community open space provided at the southern
portion of the site totaling 19,795 square feet and the 49,918 square feet of critical area and associated
buffer would remain in a vegetative/open space state providing a sanctuary for the animals that reside in
the area. Therefore, it is not anticipated that the subject development would result in a significant adverse
impact to wildlife. In order to preserve and protect the stream and associated buffers the applicant will be
required, to establish a Native Growth Protection Easement over the parts of the site encompassing the
stream and buffer area.
Recommended Preliminary PUD conditions will include requirements for permanent fencing of the native
growth protection areas which would eliminate human or domesticated animal intrusion and would not
adversely impact habitat connectivity.
Mitigation Measures: No further mitigation needed
Nexus: Not applicable
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5. 7ransportation
Impacts; The applicant submitted a Traffic Impact Analysis prepared by TraffEx, dated February 2, 2016
Exhibit 15j. The provided T1A was found to meet the intent of the TIA guidelines and is generally acceptable
for preliminary review. Several traffic related comments iettersJemails have been received by the public.
The comments raise concerns regarding the use of the prapased SE 172"d St entrance and potential impacts
to the neighbaring single-family residential development to the north as well as additional impacts to
queueing delays at Benson Rd S and Benson Drive S(Exhibit 15}.
Based on public comments received, staff required an evaluation by an independent qualified professional
regarding the applicant's transportation analysis and the effectiveness of any proposed mitigating measures.
An Independent Secondary Review of the provided Traffic Study prepared by TENW, dated March 21, 2016
Exhibit 17). In general, the secondary review affirmed the overall trip distribution patterns. The report
however, recommended revisions be made to the traffic counts to cansider the worse-case traffic scenario
given the observed intersection queuing at 108`h Ave SE and Benson Rd S. The applicant provided a memo,
dated March 26, 2016, in response to the recommendations included in the secondary review (Exhibit 18).
The memo generally concurred with the recommendatians of the peer review with the exception for the
removal of the site driveway access restrictions to SE 172nd Street. The applicant's response memo revised
the TIA to reflect recommended changes in trip distribution, balanced traffic volumes, the anaiysis af
queuing on Bensan Rd and left turn lane warrants.
After review of the ariginal Traffic Impact Analysis (Exhibit 15), Independent Secondary Review (Exhibit 17),
and the applicant's respanse memo (Exhibit 18) staff provided applicable comments below for each
Transportation subject.
Access: The applicant is proposing two points o# ingress and egress into the site in order to meet Fire
Department requirements for access. The applicant proposes one entrance off of SE 172nd St between the
proposed buildings, and one entrance off of Benson Road Sauth. The two access points converge to form
drive-through access through the site. Several public comments were received requesting access be
eliminated from SE 172"d St, in order ta mitigate anticipated cut through traffic on neighbaring raads to the
north. In addition, concerns were raised regarding the blocking of the propased access, along Benson Rd 5,
during PM peak hour traffic. The applicant has proposed a driveway configuration which would attempt to
restrict movements to left-in/right—out only as way to mitigate cut through traffic on residential streets to
the north.
Access and prapased mitigation, was analyzed as part of the Independent Secondary Review prepared by
TENW (Exhibit 17}. TENW general4y affirmed the trip distribution assumptions made by TraffEx and
substantiated the need for two access points. With respect to proposed mitigation,TraffEx de#ermined that
the proposed SE 172"d St driveway configuration would be ineffective in limiting impacts to neighboring
residential streets ta the north. In addition, it is anticipated that restrictions to the SE 172"d driveway would
encourage u-turns and assaciated impacts to existing residential driveways along the north side of 5E
172na
St. Therefare, staff will be recommending a condition, of Hearing Examiner approval, the elimination of the
propased access restrictions along SE 172"St, and the entrance will be required ta pravide full access.
In order to address anticipated impacts on neighboring streets caused by cut-through traffic, staff
recammends traffic calming measures be used in lieu of the foregaing site access restrictior. Specifically,
Electronic Speed Radar Signage has been shown ta be effective in reducing traffic speeds and aggressive
driving. Staff recommends, as a mitigation measure,that one 1 Electronic 5peed Radar Sign be installed in
the northbound directian on bath 106th Ave SE and
104th Ave SE, The applicant shall instaU the signs,
mounting poles, and assaciated equipment, at the direction of the City. All improvements shall be induded
in the engineering permit submittal far review and approval, and shall be constructed prior to temporary
occupancy.
ERC Report
AGENDA ITEM #8. b)
City of Renton Department of Community&Ec iomic Development ironmental Review Committee Report
AVANA RIDGE PUD LUA15-000894,PPUD, ECF
Report of April 11,2016 Page 10 of 13
Level of Service: It is anticipated that the proposed development would generate approximately 492 average
daily trips with 38 AM peak-hour trips and 46 PM peak-hour trips. The provided report analyzed three
intersection locations(Exhibit 15):
Intersection 1: Site Access/SE 172"d St
Intersection 2: 108`
h Ave SE/Benson Rd 5/SE 172"d St
Intersection 3: Site Access/Benson Rd 5/108th Ave SE
The provided analysis notes that all intersections will operate at an acceptable level of service with the
proposed development. Therefore, the proposal would not be required to mitigate at any intersection.
Analysis of future conditions address cumulative impacts of the proposed project and traffic growth in the
study area. Traffic signal warranty analysis was also provided at the intersection of SE 172"d St and Benson
Rd S. The report states there is no need for a signal at the intersection as a result of the project.
However, The Transportation Department is conducting a model to assess any possible solution to address
the citizen's concerns regarding the backing of queue on Benson Road from the intersection with SR 515 to
SE 172"d
Street. Staff, is hoping to provide an update at the public hearing for the subject project.
Increased traffic created by the development would be mitigated by payment of transportation impact fees.
The transportation impact fee that is current at the time of building permit application will be levied. The
applicant submitted for a building permit in December of 2015. The fee in 2015 was assessed at$2,214.44
per new multi-family unit. The fee is estimated at approximately$164,000. The fee shall be payable to the
City at the time of building permit issuance.
Site Distance: The provided Traffic Impact Analysis states sight distance requirements are met at the site
access driveway onto SE 172"d St and with vegetation trimming, within the right of way, at the site access
driveway to Benson Rd S (Exhibit 15).
Street Improvements: Street Improvements are regulated by RMC 4-6-060—Street Standards.See below:
Benson Drive S—Benson Drive S (SR 515) is a principal arterial and a state route roadway along the project's
west property line. The existing road currently contains curb, gutter, and sidewalk on both sides of the
street. There is currently no planter strip existing along the Benson Drive S street frontage. Per code,
frontage improvements including 0.5 feet wide curb and gutter, an 8-foot wide landscaped planter, an 8-
foot wide sidewalk, street lighting, and storm water improvements are required on principal arterial streets.
The applicant is proposing to maintain the existing right-of-way. Due to critical areas along portions of the
frontage, the applicant has requested a modification to allow the sidewalk to remain in the current location
for those areas where critical areas are located. As part of the Preliminary PUD recommendation to the
Hearing Examiner staff will likely be recommending approval of the requested modification. The approval
would likely include a condition of approval requiring the applicant to dedicate 1-foot behind the sidewalk in
addition to right-of-way dedication for luminaire foundations along Benson Drive S.
Benson Rd S — Benson Rd S is a minor arterial along the project's east property line. Half-street frontage
improvements are required to be provided on the side of the street fronting the development. Per code,
the minimum right-of-way width required for a minor arterial is 91 feet. The available right-of-way width on
the Benson Rd S frontage, per the King County assessor map, is 100 feet and would not necessitate
additional right-of-way dedication. The required paved width on this street is 44 feet, which includes three
travel lanes and a 5-foot wide bike lane on both sides of the street. Frontage improvements would include
the following: a 0.5 foot wide curb and gutter, an 8-foot wide landscaped planter, an 8-foot wide sidewalk,
street lighting, and stormwater improvements are required. ' The applicant is proposing street
improvements along Benson Rd S which comply with code.
SE 172"d St —SE 172"d St is a commercial mixed use and industrial access street along the project's north
property line. Half-street frontage improvements are required to be provided on the side of the street
fronting the development. Per code, the minimum right-of-way width required for a commercial mixed use
and industrial access street is 69 feet. The available right-of-way width on the SE 172"d St frontage, per the
ERC Report
AGENDA ITEM #8. b)
i
City of Renton Department of Community&Economic Development ivironmental Review Committee Report
AVANA RIDGE PUD LUA15-000894,PPUD,ECF
Report of April 11, 2016 Page 11 of 13
King County assessor map, is 60 feet and would require additional right-of-way dedication. Frontage
improvements would include the following: an 8-foot parking lane, a 0.5 foot wide curb and gutter, an 8-
foot wide landscaped planter, a 6-foot wide sidewalk, street lighting, and stormwater improvements are
required. The applicant is proposing street improvements, along SE 172"d St, which comply with code. The
applicant has requested a modification to reduce the required dedication from 4.5 feet to 3 feet. As part of
the Preliminary PUD recommendation to the Hearing Examiner staff will likely be recommending approval of
the requested modification. The approval would likely include a condition of approval requiring the
applicant to dedicate 1-foot behind the sidewalk in addition to right-of-way dedication for luminaire
foundations along SE 172"d St.
Pedestrian Improvements: As part of the proposed project, sidewalks would be constructed along the
frontage of the site and would connect to the existing sidewalk system. However,safety concerns have been
raised with respect to pedestrian connectivity off site due to missing sidewalk linkages off site approaching
the intersection of Benson Rd S and SE 172"d St. Given the number of homes proposed it is very likely that a
large influx of people would utilize the public sidewalk system as well as the anticipated school bus stop
across Benson Rd S. Providing pedestrian connections to abutting properties is an important aspect of
connectivity and encourages pedestrian activity and is required to be considered when reviewing the subject
application. Pathways should be easily identifiable to pedestrians and drivers. The condition of the existing
protruded curb, approaching the intersection of SE 172"d St and Benson Rd S, has been largely disturbed and
does not provide a safe route for school children and or residents walking to and from the site. As a result,
staff recommends a mitigation measure requiring the applicant provide an off-site sidewalk, along the south
side of SE 172"d St and the west side of Benson Rd S, approaching the intersection. The width of the off-site
sidewalks shall be consistent with the widths proposed along the frontage of the subject site. ADA ramps
shall also be constructed at the southwest corner of the intersection. Finally, a street lighting analysis is
required to be conducted by the developer at the southwest corner of the intersection of SE 172"d St and
Benson Rd 5. If necessary, required street lighting shall be provided according to City standards. All
improvements shall be included in the engineering permit submittal for review and approval, and shall be
constructed prior to temporary occupancy.
Concurrencv - A concurrency recommendation will be provided in the staff report to Hearing Examiner
based upon the test of the citywide Transportation Plan, consideration of growth levels included in the LOS-
tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific
mitigation. The development will have to meet the City of Renton concurrency requirements.
Mitigation Measures: No further mitigation needed
Nexus: Not applicable
E. Comments of Reviewing Departments
The proposal has been circulated to City Department and Division Reviewers. Where applicable, their
comments have been incorporated into the text of this report and/or"Advisory Notes to Applicant."
Copies of all Review Comments are contained in the Official File and may be attached to this report.
The Environmental Determination decision will become final if the decision is not appealed within the 14-day
appeal period (RCW 43.21.C.075(3);WAC 197-11-680).
Environmental Determination Apaeal Process: Appeals of the environmental determination must be filed in
writing together with the required fee to: Hearing Examiner,City of Renton, 1055 South Grady Way, Renton,WA
98057,on or before 5:00 p.m.on April 29,2016. RMC 4-8-110 governs appeals to the Hearing Examiner and
additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall—
7tn Floor, (425)430-6510.
ERC Report
AGENDA ITEM #8. b)
City of Renton Department of Community, -conomic Deve/opment Environ---nta/Review Committee Report
AVANA RIDC E PUD LUAIS-000894,PPUD, ECF
Report of April 11,2016 Page 12 of 13
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative land use
action. eecause these notes are provided as information only, they are not subject to the appeal process for the
land use actions.
Plannin:
1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise
approved by the Development Services Division.
2. Commercial, multi-family,new single family and other nonresidential construction activities shall be restricted to the
hours between seven o'clock(7:00)a.m.and eight o'clock(8:00)p.m., Monday through Friday.Work on Saturdays
shall be restricted to the hours between nine o'clock(9:00)a.m.and eight o'clock(8:00)p.m. No work shall be
permitted on Sundays.
3. Within thirty(30)days of completion of grading work,the applicant shall hydroseed or plant an appropriate ground
cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will
occur within ninety(90)days.Alternative measures such as mulch,sodding,or plastic covering as specified in the
current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed
between the dates of November 1st and March 31st of each year.The Development Services Division's approval of
this work is required prior to final inspection and approval of the permit.
4. A National Permit Discharge Elimination System(NPDES)permit is required when more than one acre is being cleared.
5. The applicant will be required to submit a Final Stream Mitigation Report and Maintenance and Monitoring proposal.
In addition,the applicant will be required to comply with all the code requirements of RMC 4-3-050 Critical Areas.
This includes, but is not limited to, placing the critical area within a Native Growth Protection Easement, providing
fencing and signage,and providing the City with a site restoration surety device and,later,a maintenance and
monitoring surety device.
6. The applicant may not fill,excavate,stack or store any equipment,dispose of any materials,supplies or fluids, operate
any equipment, install impervious surfaces,or compact the earth in any way within the area defined by the drip line of
any tree to be retained.
7. The applicant shall erect and maintain six-foot(6')high chain link temporary construction fencing around the drip lines
of all retained trees,or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty
feet(50')indicating the words, "NO TRESPASSING—Protected Trees"or on each side of the fencing if less than fifty
feet(50').Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees
shall be fenced on four(4)sides. In addition,the applicant shall provide supervision whenever equipment or trucks are
moving near trees.
8. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering
to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines(2007)and/or your U.S. Fish and
Wildlife Service permit.
Water:
1. Water Service is provided by Soos Creek Water and Sewer District.
2. A water availability certificate from the Soos Creek utility was submitted to the City with the land use application.
3. Approved water plans from Soos Creek should be provided during utility construction permit review.
Sewer:
1. Sewer Service is provided by Soos Creek Water and Sewer District.
2. A sewer availability certificate from the Soos Creek utility was submitted to the City with the land use application.
3. Approved sewer plans from Soos Creek should be provided during utility construction permit review.
Draina e:
1. A geotechnical report for the site'prepared by Earth Solutions Inc.was submitted for the project. The geotechnical
report mentions that the soil is til soil and is not suitable for infiltration. All geotechnical recommendations shall be
followed.
2. A Construction Storm water General Permit from Department of Ecology is required since grading and clearing of the
site exceeds one acre
3. Surface water system development charge fee is$0.594 per square foot of new impervious surface area, but not less
than$1,485.00. This fee is subject to change at the rate that is applicable at the time of issuance of the utility
ERC Report
AGENDA ITEM #8. b)
City of Renton Department of Community&E. 7mic Development nviranmental Review Committee Report
AVANA RID6F PUD LUA15-000894,PPUD,ECF
Report af April 11,2016 Page 13 of 13
construction permit will be appEicable.
Transportation:
1. 7he maximum slope back of sidewalk is 4H:1V for minimum 3 feet back of the sidewalk.
2. The corner curb ramps at all street intersections adjaeent to the site should be ADA compliant. ADA also requires
matching ADA campliant curb ramps on the other side of the intersection.
3. The site is proposed to be accessed via driveways from Benson Road South and SE 172nd Street. Please refer to RMC
4-4-080 for driveway design standards including location,grade,and width.
4. Street lighting is required ta be provided on the frantage streets by the praject.
5. The City of Rentan Trench restoration and Street overlay requirements wiil be appiicable for any work in the public
right af way.
Parks:
1. Park Impact Fees per Ordinance 567Q applies.
2. Street trees—6inkgo on SR 515;Ash on Benson Rd.S.;Elm on SE 172nd.Space minimum distance of 5Q feet apart and
not dose than 30 feet from street lights{not a!I lights are shown on plans). Potentia!for one to two more street trees
at NE corner af 5R515 8e Benson Rd. Use only Ginka, Elm,and Ash as street trees.
3. Planting Strip:require a continuous planting strip along all streets,then sidewalk; plan does not shaw this. Dangerous,
fast traffic requires that a planting strip buffer pedestrians fram roadway.
4. Parking lot:some islands are too smalfi far trees;use only vine maple or smaller in those areas.
Generai:
1. Afl canstruction or service u#ility permits#or drainage and street improvements will require separate plan submittafs.
A!I utility plans shall canform to the Renton Orafting Standards.Plans shall be prepared by a licensed Civil Engineer.
2. When utility pEans are cnmplete,pfease subrnit four{4}copies of the drawings,two(2}copies af the drainage report,
permft application,an itemized cost of construction estimate,and applicatian fee at the counter on the sixth floor.
ERC Report
AGENDA ITEM #8. b)
o ,}
EXHIBITS
Project Name; Project Number:
Avana Ridge Preliminary PUD LUA15-000894, ECF, PPUD
Date of Hearing Staff Contact Project Contact/Appiicant Project Location
tentatively)5/10/16 Rocale Timmons lustin Lagers 17249 Benson Rd S Renton,
Senior Planner Avana Ridge,LLC WA
9675 SE 36th St,Ste 105;
Mercer Island,WA 98040
The following exhibits were entered into the record:
Exhibit 1 ERC Report
Exhibit 2 Site Plan
Exhibit 3 Landscape Plan
Exhibit 4 Elevations
Exhibit 5 Grading Plan
Exhibit 6 Geotechnical Report, prepared by Earth Solutions NW(dated December 21,
2015)
Exhibit 7 Coal Mine Hazard Study, prepared by Icicle Creek Engineers(dated March 22,
2004)
Exhibit 8 Coal Mine Hazard Study, prepared by Icicle Creek Engineers (dated lanuary 20,
2009}
Exhibit 9 Drainage Report, prepared by D.R. Strong (dated December 28, 2015)
Exhibit 10 Supplemental Stream Study, prepared by Sewell Wetland Consulting (dated
December 22, 2015)
Exhibit 11 Conceptual Stream Mitigation Plan prepared by Sewell Wetland Consulting
December 28, 2015)
Exhibit 12 Habitat Data Report, prepared by Sewell Wetland Consulting(dated December
22, 2015)
Exhibit 13 Arborist Report, prepared by Greenforest Inc. (dated December 16, 2015)
Exhibit 14 Tree Retention Plan
Exhibit 15 Traffic Impact Analysis (TIA), prepared by TraffEx(dated February 2, 2016)
Exhibit 16 Public Comment Letters/Emails
Exhibit 17 Independent Secondary Review—Traffic Study, prepared by TenW(dated March
21,2016)
Exhibit 18 Response Memo- Independent Secondary Review, prepared by Traffex(dated
March 26, 2016)
CITY OF
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Report
Gealogical Engineering Services
Coal Mine Hazard Assessment
Cugini Property—Narthwest Parcel
Renton (King Caunt}, Washingtan
March 22,2U94
Praj ct lvo..0336-004
Prepared For:
AIe ugini
Prenared By;
cicie reek Engineers,Inc.
EXHIBIT' 7
AGENDA ITEM #8. b)
Futl Document
Avaitable upon Request
Repc rt
Geotec nical ngineering Services
Praposed Praperty I3ev+opmQnt
5pringbrook Ridge
ing Corunty Tax Parcel Nos.
2923459Q09 and 2023Q59148
Rentan,Washingtan
Janusry 2G,2Q(i9
Project No.4336-004
Prepared For:
Alex Gtcgiu
Prepared By:
Icicle Creek Engineer,Inc.
EXHIBIT $
AGENDA ITEM #8. b)
Futi Document
Avaitable upon Request
Preliminary Technical Information Report
T!R}
for
AVANA RIDGE PUD
i7249 Benson Road S and 10615 SE 172"¢Street Renton,Washingtan
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DRS Project No. 15088
Renton File No. PRE15-0 0611
OwnerfAppricarrt
Avana Ridge, LLC
9725 SE 36`h Street, Sui#e 214
Mercer Island, Washington 98040
Repart Prepared by
J
D. R. STRONG Gonsulting Engineers, Inc.
620
7th Avenue
Kirkland WA 9$033
425) 827-3063
Report lssue Date
December 28, 2015 EXNIBIT 9
C3 2015 D. R.STRONG Consuiting Engineers Inc.
AGENDA ITEM #8. b)
K.- _-
a-... Sewall Wetland Consulting. lnc.
o sso 2 s-o 7
FallGty.WA;Q24
Futl Document
Available upon Request
December 22, 2015
Justin Lagers
Avana Ridge, LLC
9675 SE 36th Street, Suite 145
Mercer Island, WA
RE: Wetland and Supplemental Stream Study - Avana Ridge PUD
City of Renton, Washington
SWC Job #15-159
Dear Justin,
This repart describes our observations of jurisdictional wetlands, streams
and buffers on or within 100' of the proposed Avana Ridge PUD praject in
the City of Renton, Washington {the "site").
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11
AGENDA ITEM #8. b)
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f:. -' Sewall Wetland Consulting. lnc.
PC Box880 I'hone:253-8.59-0615
Fall City,WA 918024
Full Document
Availabie upon Request
December 22, 2015
Justin Lagers
Avana Ridge, LLC
9725 SE 36' Street, Suite 214
Mercer Island, Washington 98040
RE: Habitat Data Report—Avana Ridge
City of Renton, Washington
SWC Job#15-159
Dear Justin,
This report is in reference to the City of Renton's requirements for a Habitat Assessment
for the Avana Ridge project.
4'
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su
AboUe: Vicinity Map of site
EXHIBIT 12
AGENDA ITEM #8. b)
3
Greenfores Incorparated
Full Document
Availabte upon Request
December 16, 2Q15
Justin Lagers
Avana Ridge, LLC
9675 SE 36th St., Suite 1Q5
Mercer Isiand, WA 98040
RE: Tree Inspectian; Avana Ridge PPUD, Parcel Nos. 29230S-91 8, -9009; Renton WA
Dear Mr. Lagers:
You contacted me and cantracted my services as a consulting arborist. My assignment is to inspect
and assess the condition of surveyed trees at the above referenced site. I received a topographic
survey of the site from DR Strang Consulting Engineers, shawing the locations of the surveyed trees. I
visited the site on 10/15/1S and inspected the trees, which are the subject of this report.
Neither parce! is developed. The site has a SW aspect with a sfiream delineated through the center of
the site, east to west. Bath parcels are covered in native vegetation, predaminatefy deciduous tree
species with moderate to dense lawer understory.
TREE lNSPECTION
My inspection is limited to visual abservatian from the subject parcels and the rights-af-way. Both
health and structure were evaluated. A tree's strueture is distinct from its health. Structure is the
way the tree is put together or constructed, and identifying obvious defects can be helpful in
determining if a tree is predisposed to faiiure. Health addresses disease and insect infestation.
Na invasive procedures were performed on any trees. The results of this inspection are based on
what is visible at the time of the inspection. I identified the species of each tree, canfirmed trunk
diameter(DBH), estimated average dripline and rated the condition of each tree.
Bigleaf map(es an this site have a wide age and size range. The largest and aldest maple trees are
generally in the poorest condition.A handfu! of bitter cherry are scattered throughout the site, and
all are viable. Black cottonwoods daminate the site in numbers, and there are far more yaunger
cattanwoods than older. The oldest and larger trees are in better condition overaCl. Many of
cattonwaads as edge trees lean excessively away from the stand. Nearfy all the smafler cottonwoods
are very slender. Althaugh they are healthy and have no visible defects,their trunks are too tali for
4547 South Lucile Street, Seattle, WA 98118 Tel.
EXHIBIT 13
AGENDA ITEM #8. b)
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EXHIBIT
14
AGENDA ITEM #8. b)
Full Document
Available upon Request
AVANA RiDGE APARTMENTa
REVISED TRAFFIG IMPACT ANALYSIS
CITY 4F RENTUN
Prepared for
Avana Ridge, LLC
9fi75 SE 36#h St Suite 105
Mercer Isfand, WA 98048
Prepared by
M-.:.
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11490 N.E. 124th St, #590
Kirkiand, Washingtan 98034
Telephone: 425.522.41'18
February 2, 2016
EXHIBIT 15
AGENDA ITEM #8. b)
Full Document
Availabie upon Request
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b IRadtke IJuli and Mike I 1/31/2016 E X X X X X X
Moss. Molly 1/31/2016 E , X X X .
d Ridenour IDaniel 1/31/2016 E X X X
Brooker Emily 1/31/2016 E -X X
f IGoods IDoug 1/31/2016 E X X X X X
g Byrnes 6enevieve ' 2j1/2016 E X X ` . X
h Miller Jerry 2/1/2016 E X X X
i Yadock ` :,Wendy 2/1/2016 E X X X X
Heine IMolly 2/1/2016 E X X
k Cantu Caryn 2/1/2016 E X X X. X X
I ;Reitz Phillip I 2/1/2016 E X X X X X
m IGray Andrew 2/1/2016 E X _ X
n McMullin IKimmie I 2/1/2016 E X X X
Murphy Rhonda Rae 2%1/2016 E X . X X
p Hanawalt IJody 2/1/2016 E X X X X
Skulstad Paul I 2/2/2016 E X X
r Faas Mark 1/30/2016 E X X X
s `Cramton , Dawn _ 1/30/2016 E X X X
t IHanawalt IJody 2/7/2016 E X
u Miller 1erry ` 4/4/2016 L X X X
v IYadock Wendy 4/5/2016 E X X X
w Cantu Caryn . 4/6%2016 E X X X -X X
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EXHIBIT 16
AGENDA ITEM #8. b)
Full Document
Available upon Request TEN W
Transportation Engineering NorfhWest
MEMORANDUM
DATE:March 21,2016
TO: Rocale Timmons, City of Renton- Current Planning,Senior Planner
FROM: Michael Read, PE, Principal,TENW
SUBJECT: Avana Ridge Traffic Impact Study—Peer Review
TEN W Project No.3462
This memorandum documents my review of the Avana Ridge lpa tments Revised Tia c lmpacf Study,
February 2, 201 b, prepared by TraffEx, site plan and site access/frontage improvement plans prepared
by DRS Consulting Engineers, and field work conducted in February 2016 related to existing site frontage
conditions, available sight distance, and a general field conditions to address trip distribution questions
outlined by the City of Renton.
Avana Ridge TIS Peer Review
The following is a general list of assumptions, methods, and conclusions I have verified or recommend
verification and or modification in review of the A ana RidgeApa tments Revised TIS, February 2016:
The study applies standard trip generation rates as published by the Institute of Transportation
Engineers in the Trip Generation Manual, 9'h Edition, consistent with standard practice.
The trip distribution assumptions appear reasonable in general, although the overall total in Figure
4 only indicates 99%. The total number of trips during the p.m. peak hour however, appear to be
distributed to the proposed site access driveways. Given a majoriiy of trips are expected to be
distributed to/from the south, the "equitable distribution" of estimated trips currently assumed
entering the site from SR 515 seems unlikely given that a majorily of parking access will be
accessed via the driveway onto Benson Road. A directional split should be identified between
these two access points that reflects the "circuitous route" afforded by SE 172 d Street versus the
direct site entry onto Benson Road for both entering and exiting traffic. Also, the trip distribution
figure should be adjusted to better indicate the actual location of the entry driveway onto SE 172nd
Street (immediately east of 106rh Avenue SE.
Related to trip assignment, existing a.m. and p.m. peak hour traffic counts between SE 172 d
Street and 108rh Avenue SE should be balanced. In general, reported traffic counts at the
proposed site access location are directionally higher along Benson Road at 108rh Avenue SE.
Traffic operational analysis should consider the worse-case scenario and given the intersection
Transportation Planning I Design ( Tra c Impact 8 Operations
PO Box 65254,Seattie,WA 98155 I Office(206)361-
EXHIBIT 17
AGENDA ITEM #8. b)
Full Document
Available upon Request1141QNE12t
Phar: 425.v
Mr. Justin Lagers March 26, 2016
Avana Ridge, LLC
9675 SE 36th St. Suite 105
Mercer Island, WA 98040
Re: Avana Ridge Apartments — City of Renton
Memorandum - Revisions to TIA per Peer Review
Dear Mr. Lagers:
The purpose of this memo is to provide revisions to the Avana Ridge Traffic
Impact Analysis per the recommendations in the March 21, 2016 Peer Review Memo
prepared by TENW. The recommendations dealt with:
revising trip distribution and assignment due to a restricted site driveway access
to SE 172"d St. and also the shorter trip length using the Benson Rd. driveway
for south oriented trips
balancing traffic volumes between intersections
revising level of service calculations due to new trip distribution
evaluating traffic queues on Benson Rd. from the SR 515/Benson Rd.
intersection
evaluating left turn lane warrants into the site access driveway from Benson
Road.
Trip Distribution and Assiqnment
Figures R1 and R2 show the revised trip distribution and assignment of site
generated traffic in the AM and PM peak hours. The revisions reflect a restricted
access to SE 172"d St. allowing only left turns into the site and right turns out of the site.
A careful design of the site access driveway should effectively eliminate most site
generated trips to the west on SE 172"d St. and to the north on
106th, 105th and Cedar
Ave. Also, site generated trips oriented to the south were assigned to the Benson Rd.
driveway since it provides a shorter route to SR 515 than the driveway to SE 172"a
Street.
Page 1 EXHIBIT 18
AGENDA ITEM #8. b)
Denis Law Clt 7 OfMayor i ti Y {-r i. 'r;
3 s
fr`
NY
April 15, 2016 Community&Economic Develapment Department
C.E."Chip"Vincent,Administrator
Washington State
Department of Ecology
Environmental Review Section
PO Box 47703
Olympia, WA 98504-7703
Subject: ENVIRONMENTAL(SEPA1 THRESHOLD DETERMINATIDN
Transmitted herewith is a copy of the Environmenta! Qetermination for the following
project reviewed by the Environmental Review Committee (ERC)on April 11, 2016:
SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM)
PROJECT NAME: Avana Ridge PUD
PROJECT NUMBER: LUA15-000894, PPUD, ECF
Appeals of the environmental determination must be filed in writing on or before 5:00
p.m. on April 29,2016,together with the required fee with: Hearing Examiner, City of
Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are
governed by RMC 4-8-110 and information regarding the appea) process may be
abtained from the City Clerk's Office, (425)430-6510.
Please refer to the enclosed Notice of Environmental Determination for complete
details. If you have questions, please call me at (425)430-7219.
For the Environmental Review Committee,
a t K I!%?
Rocale Timmons
Senior Planner
Enclosure
cc: King County Wastewater Treatment Divislon Ramin Pazooki,W5DOT,NW Region
Boyd Powers,Department of Natural Resources Larry Fisher,WDFW
Karen Walter,Fisheries,Muckleshoot Indlan Tribe Duwamish Trlbal Office
Melissa Calvert,Muckleshoot Cultural Resources Program US Army Corp.of Engineers
Gretchen Kaehler,Office of Archaeology&Historic Preservation
Renton City Hall • 1055 South Grady Way . Renton,Washington 98057 . rentonwa.gov
AGENDA ITEM #8. b)
DEPARTMENT OF COMMUNITY D ciryof Y '
AND ECONOMIC DEVELOPMENT j OU r„ '
ENVlRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE
MITIGATED (DNS-M)
PROJECT NUMBER: LUA15-000894, PPUD, ECF
APPLICANT: Justin Lagers,Avana Ridge, LLC
PROJECT NAME: Avana Ridge PUD
PROIECT DESCRIPTION: The applicant is requesting a Preliminary Planned Urban Development
and Environmental (SEPA) Review for the construction of a multi-family development containing 74 units in two
4-story structures. The vacant 3.78 acre site is located within the Residential Multi-Family (RM-F) zoning
classification and the Residential High Density (RHD) land use designation. The development would be
comprised of two separate multi-family residential structures resulting in a density of 20.21 du/ac. The subject
site is fronted by three public rights-of-way: SE 172nd St, Benson Rd S (108th Ave 5E) and Benson Drive S (SR-
515). The applicant proposes one entrance off of SE 172"d St between the proposed buildings, and another
entrance off of Benson Road S.There is an unnamed stream,classified Ns, bisecting thesite which runs from east
to west. Pursuant ta RMC 4-3-050, the applicant is proposing impacts to the stream buffer through buffer
averaging. Additionally, the site contains critical slopes and Coal Mine Hazards. The Prelirninary PUD would be
used to vary street, building height, parking,design,open space,and retaining wall standards. The applicant has
proposed to provide buffer enhancement as part of the proposed PUD public benefit, along with the
construction of enhanced open space, pedestrian amenities,and landscaping.
PROJECT LOCATION:17249 Benson Rd S
LEAD AGENCY: City of Renton
Environmental Review Committee
Department of Community&Economic Development
The City of Renton Environmental Review Committee has determined that it does not have a probable significant
adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW
43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under
their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental
impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved,the
lead agency will not act on this proposal far fourteen(14)days.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on April 29, 2016.
Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South
Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be
obtained from the Renton City Clerk's Office, (425)430-6510.
AGENDA ITEM #8. b)
1
DEPARTMENT OF COMMUNITY D cityof
AND ECONOMlC DEVELOPMENT j Q, O n '
PUBLICATION DATE: APRIL 15,2016
DATE OF DECISION: APRIL 11,2016
SIGNATURES:
A. n l i G
Gr'gg Zimm an,mirns r Ma fk f rsor,Administrator
Public Works epartment Date Fire& Emergency Services Date
c_.
Kelly Beymer,Administrator C.E. "Chip"Vincent, Administrator'
Community Services Department Date Department of Community& Date
Economic Development
AGENDA ITEM #8. b)
DEPARTMENT OF COMMUNITY rY QF
AND ECONOMIC DEVELOPMENT ""—""----•'`Renton '
DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSMj
MITIGATION MEASURES AND ADVISORY NOTES
PROIECT NUMBER:LUA15-000894, PPUD, ECF
APPLICANT: Justin Lagers, Avana Ridge, !LC
PROJECT NAME: Avana Ridge PUD
PROJECT DESCRIPTION: The appiicant is requesting a Preliminary Planned Urban
Development and Environmental (SEPA) Review for the construction of a multi-family
development containing 74 units in two 4-story structures. The vacant 3.78 acre site is located
within the Residential Multi-Family(RM-Fj zoning classification and the Residential High Density
RHD) land use designation. 7he development would be comprised of two separate multi-
family residential structures resulting in a density of 20.21 du/ac. The subject site is fronted by
three public rights-of-way: SE 172nd St, Benson Rd S (108th Ave SE) and Benson Drive S {SR-
515). The applicant proposes one entrance off of SE 172"d St between the proposed buildings,
and another entrance off of Benson Road S. There is an unnamed stream, classified Ns,
bisecting the site which runs from east to west. Pursuant to RMC 4-3-050, the applicant is
proposing impacts to the stream buffer through buffer averaging. Additionafly, the site
contains critical slopes and Coal Mine Hazards. The Preliminary PUD would be used to vary
street, building height, parking, design, open space, and retaining wall standards. The applicant
has proposed to provide buffer enhancement as part of the proposed PUD public benefit, along
with the construction of enhanced open space, pedestrian amenities, and landscaping.
PROIECT IOCATION: 17249 Benson Rd S
LEAD AGENCY: The City of Renton
Department of Community& Economic Development
Planning Division
MITIGATION MEASURES:
1. An updated Coal Mine Hazard Report shall be submitted demonstrating the proposal wiil
not increase the threat of the geological hazard to adjacent or abutting properties beyond
pre-development conditions and the development can be safely accommodated on the site.
The report shall also discuss any measures employed in the final site/building design which
serve to mitigate coal mine subsidence risk. If no measures are employed, the applicant
shall provide justification for the exclusion of additional measures. The updated Coal Mine
Hazard Report shall be submitted to, and approved by, the Current Pfanning Project
Manager prior to engineering permit approval.
2. One (1) Electronic Speed Radar Sign shall be installed in the northbound direction on both
106th Ave SE and 104th Ave SE. The applicant shall install the signs, maunting poles, and
associated equipment,at the direction of the City. All improvements shall be included in the
AGENDA ITEM #8. b)
engineering permit submittal for review and approval, and shall be constructed prior to
temporary occupancy.
3. The applicant shall provide an off-site sidewalk, along the south side of SE 172"d St and the
west side of Benson Rd S, approaching the intersection. The width of the off-site sidewalks
shall be consistent with the widths proposed along the frontage of the subject site. ADA
ramps shall also be constructed at the southwest corner of the intersection. Finally, a street
lighting analysis is required to be conducted by the developer at the southwest corner of the
intersection of SE 172"d St and Benson Rd S. If necessary, required street lighting shall be
provided according to City standards. All improvements shall be included in the engineering
permit submittal for review and approval, and shall be constructed prior to temporary
occupancy.
ADIVISORY NOTES:
The following notes are supplemental information provided in conjunction with the
administrative land use action. Because these notes are provided as information only, they are
not subject to the appeal process for the land use acrions.
ADV/SORY NOTES TO APPLICANT
The following notes are supp{emental information provided in conjunction with the administrative
land use action. eecause rhese notes are provided as information only, they are not subject to the
appeal p ocess for the land use actions.
Plannins:
1. RMC section 4-4-030.C,2 limits haul hours between 8:30 am to 330 pm, Monday through Friday unless
otherwise approved by the Developrnent Services Division.
2. Commercial,multi-family,new single family and other nonresidential construction activities shall be restricted
to the hours between seven o'clock(7:00)a.m.and eight o'clock(8:00)p.m.,Monday through Friday.Work on
Saturdays shall be restricted to the hours between nine o'clock(9:00)a.m.and eight o'clock(8:00)p.m.No
work shall be permitted on Sundays.
3. Within thirty(30 days of completion of grading work,the applicant shall hydroseed or plant an appropriate
ground cover over any portion of the site that is graded or cleared of vegetation and where no further
construction work will occur within ninety(90)days.Alternative measures such as mulch,sodding,or plastic
covering as specified in the current King County Surface Water Management Design Manual as adopted by the
City of Renton may be proposed between the dates of November lst and March 31st of each year.7he
Development Services Division's approval of this work is required prior to final inspection and approval of the
permit.
4. A National Permit Discharge Elimination 5ystem(NPDESj permit is required when more than one acre is being
cleared.
5. The applicant will be required to submit a Final Stream Mitigation Report and Maintenance and Monitoring
proposal. In addition,the applicant wiN be required to comply with all the code requirements of RMC 4-3-OSO
Critical Areas. This includes,but is not limited to,placing the critical area within a Native Growth Protection
Easement,providing fencing and signage,and providing the City with a site restoration surety device and,
later,a mainte ance and monitorin surety device.
6. The applicant may not fill,excavate,stack or store any equipment,dispose of any materials,supplies or fluids,
operate any equipment,install impervious surfaces,or compact the earth in any way within the area defined
by the drip line of any tree to be retained.
7. The applicant shall erect and maintain six-foot(6')high chain link temporary construction fencing around the
drip lines of all retained trees,or along the perimeter of a stand of retained trees.Placards shall be placed on
ERC Mitigation Measures and Advisory Notes Page 2 of 3
AGENDA ITEM #8. b)
fencing every fifty feet(50')indicating the words,"NO TRESPASSING—Protected Trees"or on each side of the
fencing if less than fifty feet(50').Site access to individually protected trees or groups of trees shall be fenced
and signed. Individual trees shall be fenced on four(4)sides.In addition,the applicant shall provide
supervision whenever equipment or trucks are moving near irees.
8. This permit is shall comply with the eald and Goiden Eagle Protection Act. The permitted is responsible for
adhering to the U.S.Fish and Wildlife Service Nationai Bald Eagle Management Guidelines(2007)and/or your
U.S.Fish and Wildlife Service permit.
Water:
1. Water Service is provided by Soos Creek Water and Sewer District.
2. A water avaitability certificate from the Soos Creek utility was submitted to the City with the land use
application.
3. Approved water plans from Soos Creek should be provided during utility construction permit review.
Sewer:
1. Sewer Service is provided by Soos Creek Water and Sewer District.
Z. A sewer availability certificate from the Soos Creek utility was submitted to the City with the land use
application.
3. Approved sewer plans from Soos Creek should be provided during utility construction permit review.
Drafnaae:
1. A geotechnical report for the site prepared by Earth Solutions Inc.was submitted for the project. The
geotechnical report mentions that the sail is till soil and is not suitable for infiltration. AI!geotechnical
recommendations shall be foliowed.
2. A Construction Storm water General Permit from Department of Ecology is required since grading and clearing
of the site exceeds one ac e
3. Surface water system development charge fee is$0.594 per square foot of new impervious surface area,but
not less than$1,485.00. This fee is subject to change at the rate that is applicable at the time of issuance of
the utility construction permit will be applicable.
Transportation:
1. The maximum slope back of sidewalk is 4H:1V for minimum 3 feet back of the sidewalk.
2. The corner curb ramps at all street intersections adjacent to the site should be ADA compliant. ADA also
requires matching ADA compliant curb ramps on the other side of the intersection.
3. The site is proposed to be accessed via driveways from Benson Road South and SE 172nd Street. Please refer
to RMC 4-4-080 for driveway design standards including location,grade,and width.
4. Street Ifghting is required to be provided on the frontage streets by the project.
5. The City of Renton Trench restoration and Street overlay requirements will be applicable for any work in the
public right of way.
Parks:
1. Park Impact Fees per Ordinance 5670 applies.
2. Street trees—Ginkgo on SR 515;Ash on Benson Rd.5.;Elm on SE 172nd.Space minimum distance of 50 feet
apart and not close than 30 feet from street lights(not all lights are shown on plans).Potential for one to two
more street trees at NE corner of SR515&Benson Rd. Use only Ginko,Elm,and Ash as street trees.
3. Planting Strip:require a continuous planting strip along all streets,then sidewalk;plan does not show this.
Dangerous,fast traffic requires that a planting strip buffer pedestrians from roadway.
4. Parking Lot:some isiands are too small for trees;use only vine maple or smaller in those areas.
General:
1. All construction or service utility permits for drainage and street improvements will require separate plan
submittais.All utility plans shall conform to the Renton Drafting Standards.Plans shalf be prepared by a
licensed Civil Engineer.
2. When utility plans are complete,please submit four(4)copies of the drawings,two(2)copies of the drainage
report,permit application,an itemized cost of construction estimate,and application fee at the counter on the
sixth floor.
ERC Mitigation Measures and Advisory Notes Page 3 of 3
AGENDA ITEM #8. b)
CITY C}F
1.C 1.
OF ENVIRONMENTAL DETERMINATION
ISSUANCE OF A QETERMINATION OF NONSIGNIFICANCE-MITIGATEQ(QNS-M)
POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION
PROJECT NAME: Avana Ridge PUD
PROIECT NUMBER:LUA15-000894,PPUD,ECF
LOCATION:17249 Benson Rd S
Description: The applicant is requesting a Preliminary Planned Urban Development and
Environmental (SEPA) Review for the construction of a multi-family development containing 74 units in two 4-story
structures.The vacant 3.78 acre site is located within the Residential Multi-Family(RM-F)zoning classification and the
Residential High Density (RHD) land use designation. The development would be comprised of two separate multi-
family residential strudures resulting in a density of 20.21 du/ac. The subject site is ftonted by three pu6lic rights-of-
way:SE 17 nd St,Benson Rd S(108th Ave SE)and Benson Drive S(SR-515).The applicant proposes one entrance off of
SE 172nd St between the proposed buildings,and another entrance off of Benson Raad 5.There is an unnamed stream,
classified Ns, bisecting the site which runs from east to west. Pursuant to RMC 4-3-050,the applicant is proposing
impacts to the stream buffer through buffer averaging. Additionally, the site contains critical slopes and Coal Mine
Hazards. The Preliminary PUD would be used to vary street,building height,parking,design,open space,and retaining
wall standards. The applicant has proposed to provide buffer enhancement as part of the proposed PUD public benefit,
along with the construction af enhanced open space,pedestrian amenities,and landscaping.
THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE(ERC) HAS DETERMINED THAT TNE PROPOSED
ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES.
Appeals of the environmental determinaticn must be filed in writing on or before 5:00 p.m. on April 29,
2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South rady Way,
Renton, WA 98057. Appeals to the Examiner are govemed by City of RMC 4-8-110 and information
regarding the appeal process may be obtained from the Renton City Clerk's Qffice,(425)430-6530.
A PUBLIC HEARING W1LL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE
COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON,WASHINGTON,
ON MAY 10, 2016 AT 11:00 AM TO CONSIDER THE PRELIMINARY PUD. IF THE ENVIRONMENTAL
DETERMINATION IS APPEALED,THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING.
tl., ';
x t .a= °' R`
sr;p,,.`." '
rt¢':°-'`.
f='r
A`
i " -
R
FOR FURTHER INFORMATION, PLEASE CONTACTTHE CITY OF RENTON, DEPARTMENT OF
COMMUNITY&ECONOMIC DEVELOPMENT AT(425)430-7200.
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION.
AGENDA ITEM #8. b)
AB - 1719
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: 2nd Quarter 2016 Contract Report
RECOMMENDED ACTION: None; Information Only
DEPARTMENT: City Clerk
STAFF CONTACT: Jason A. Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Fully executed in second quarter 2016 were 57 contracts, 22 addenda, 7 change orders, 8 (JOC) work orders,
and 7 are highlighted as being over 10% and/or $100,000 of original amount. The six-month expiration report
shows 162 agreements that will expire between July 1, 2016 and December 31, 2016.
EXHIBITS:
A. Contracts fully executed (4/1/2016 - 6/30/2016)
B. Contract expiring (7/1/2016 - 12/31/2016)
STAFF RECOMMENDATION:
None - Information Only.
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-13-105 Coast&Harbor Engineering,Inc.-Cedar River Gravel Removal PW 992,600 $1,920,061 P 12/31/2015
Project Grant(Rev:$5,313,000)Pay:$992,599.52 Contractor:(016463)COAST&HARBOR ENGINEERING INC
Supp Type Number Date Supplemental Description
addendum Adden#6-16 06/08/2016 Adden#6-16-Coast&Harbor Engineering -Cedar River Gravel
Removal Project Construction Administration Support
CAG-13-149 FORMA Construction-(NAME CHANGED ON 10/1/2013 from CS 0 $6,710,757 P 12/31/2015
Berschauer Phillips Construction Co.)-Job Order Contract- Contractor:(009439)FORMA CONSTRUCTION/
indefinite delivery contract for performing small public works-not
to exceed$350,000 perjob or 4 million in total work orders per
year(2 year with an option to extend 1 more year)
Supp Type Number Date Supplemental Description
work order WO#68-16 04/O8/2016 WO#68-16-Forma Construction-Renton Area Handrail and
Fence Repairs-Provide labor,materials and equipments to
complete the fence and handrail repairs
work order WO#69-16 04/19/2016 WO#69-16-Forma Construction-Renton History Museum Lobby
Remodel
Previous Exp Date New Exp Date
07/16/2016 06/01/2017
work order WO#71-16 04/27/2016 WO#71-16-Forma Construction-Philip Arnold Park tennis court
resurfacing
work order WO#70-16 04/28/2016 WO#70-16-FORMA Construction-Kiwanis Park Tennis Court
Resurfacing
work order WO#72 05/09/2016 WO#72-16-Forma Construction-2016 Mosquito Abatement
Program
work order WO#73 05/13/2016 WO#73-16-Forma Construction-Light Pole Replacement at
2900 Maple Valley
work order WO#74 05/13/2016 WO#74-16-Forma Construction-Light Pole Replacement at
152nd Maple Valley
work order WO#75-16 05/26/2016 WO#75-16-Forma Construction-Signal at 156th Ave SE&SE
142nd Place-Design and construction of interim traffic signal at
intersection 156th Ave SE&SE 142nd Place
Previous Exp Date New Exp Date
05/12/2017
change CO#1-16 06/06/2016 CO#1-16-Forma Construction WO#71-Basketball Court
Resurfacing
Previous Exp Date New Exp Date
05/12/2017 12/31/2016
CAG-13-224 Group Health-Renewal of insurance contract for 2014 HR 206,775 $206,775 P 12/31/2014
Contractor:(031770)GROUP HEALTH COOPERATIVE,OF PUGE"
Supp Type Number Oate Supplemental Description
addendum Adden#3-16 05/25/2016 Adden#3-16-Group Health-Change in Plan status
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Pdge 1 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-14-015 Seattle-King County Department of Public Health-King County Fire 902,567 $902,567 R 12/31/2019
Basic Life Suppport(BLS)Contract#EMS3342$901,567.00
Supp Type Number Date Supplemental Description
change CO#1-16 05/12/2016 CO#1-16-Reimbursement for purchase of Power Load Systems
rev:$123,454.00)
CAG-14-068 CivilTech Engineering,Inc-Engineering support services for NE 31st PW 34,999 34,999 P 06/30/2015
St Culvert Replacement Project Contractor:(016075)CIVILTECH ENGINEERING INC
Supp Type Number Date Supplemental Description
addendum Adden#3-16 06/14/2016 Adden#3-16-CivilTech Engineering,Inc-Extend completion time
and correct amount
Previous Exp Date New Exp Date
12/31/2017
CAG-14-146 KPG,Inc.-Downtown Circulation Project-Phase 1,Main Av S& PW 148,819 $504,936 P 07/31/2015
Bronson Way Contractor:(042772)KPG INC
SuppType Number Date Supplemental Description
addendum Adden#5-16 06/13/2016 Adden#5-16-KPG,Inc.-Additional design services
CAG-15-025 Rodarte Construction,Inc.-Riverview Park Bridge Replacement CS 759,629 $781,354 P 12/31/2015
Contractor:(069020)RODARTE CONSTRUCTION INC
Supp Type Number Date Supplemental Description
change CO#7-16 05/11/2016 Adden#7-16-Rodarte Construction-add outlet box to meter
CAG-15-046 Perteet,Inc.-Sunset Lane-Preliminary Design&Report Phase PW 135,792 $463,969 P O1/31/2016
Sunset Lane&NE 10th St).$135,792.00 Contractor:(061292)PERTEET ENGINEERING INC
Supp Type Number Date Supplemental Description
addendum Adden#3-16 05/18/2016 Adden#3-16-Perteet,Inc. -Sunset Lane-Additional Design,LLA
Street Vacation Services
CAG-15-089 KPG,P.S.-Rainier Av S.Corridor Improvements Phase 4 Survey 98,586 $522,125 P 12/31/2016
Contractor:(042772)KPG INC
Supp Type Number Date Supplemental Description
addendum Adden#1-16 06/21/2016 Adden#1-16-KPG,P.S.-Additional design services&time
extension
Previous Exp Date New Exp Date
12/31/2016 12/31/2017
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 2 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-15-110 Parametrix-SW Grady Way Overlay Project PW 29,349 $118,807 P 07/31/2015
Contractor:(060277)PARAMETRIX INC
Supp Type Number Date Supplemental Description
addendum Adden#2-16 05/25/2016 Adden#2-16-Parametrix,Inc.-SW Grady Way Overlay Project-
time extension only
Previous Exp Date New Exp Date
06/30/2016 12/31/2016
CAG-15-120 Stantec Consulting Services,Inc.-Talbot Hill Sewer Relocation PW 386,200 $580,000 P 12/31/2016
SR167 IC/DC Project)Design&Bidding Services Contractor:(077215)STANTEC CONSULTING SVCS INC
Supp Type Number Date Supplemental Description
addendum Adden#1-16 OS/04/2016 Adden#1-16-Stantec Consulting Services,Inc.-Talbot Hill Sewer
Relocation-modification to scope of work and tim extension
Previous Exp Date New Exp Date
12/31/2016 12/31/2017
CAG-15-133 Public Health Seattle&King County-Partnerships to Improve CS 20,539 59,231 R 09/29/2015
Community Health Renton Farmers Market
Supp Type Number Date Supplemental Description
addendum Adden#2-16 05/02/2016 Adden#2-16-Seattle King County Public Health-Additional
carry-forward)funding
CAG-15-134 lohansen Excavating Inc-Logan Av N(Airport Way to N 6th St) 4,424,413 $5,024,198 P 12/31/2016
roadway improvements Contractor:(039317)JOHANSEN EXCAVATING INC
SuppType Number Date Supplemental Description
change CO#3A-16 06/17/2016 CO#3A-16-Johansen Excavating,Inc.-Compensable delays&
overhead costs for stabilizing subgrade for construction
change CO#38-16 06/21/2016 CO#36-16-Johansen Excavating,Inc.-Additional work
change CO#3C-16 06/21/2016 CO#3C-16-Johansen Excavating,Inc.-Cement treatment for
roadway construction
CAG-15-152 PACE Engineering,Inc.-116th Av SE Sidewalk Improvements PW 88,998 88,998 P 12/31/2016
J
Contractor:(060869)PACE ENGINEERS INC
Supp Type Number Date Supplemental Description
addendum Adden#1-16 04/08/2016 Adden#1-16-Pace Engineers,Inc.-Agreement to get additional
geotechnical info to complete the design of the project
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 3 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fuliy Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-15-154 K-A General Construction Contractor LLC-Replace Roof at 116,958 $216,779 P 12/15/2016
Maplewood BPS 2015 Contractor:(040118)K-A 6ENERAL
Supp Type Number Date Supplemental Description
change CO#3-16 06/10/2016 CO#3-16-K-A General Construction Contractor LLC-Time
extension&additional work
Previous Exp Date New Exp Date
12/15/2016 12/31/2016
CAG-15-177 OTAK,Inc-Lake WA Loop Trail Project 274,891 $309,761 P 12/31/2016
Contractor:(058565)OTAK INC
Supp Type Number Date Supplemental Description
addendum Adden#1-16 04/18/2016 Adden#1-16-OTAK,Inc.-Lake WA Loop Trail Agreement-
additional right-of-way acquisition services to complete
preliminary(30%)design.
CAG-15-213 Kitsap County Dept of Emergency Management- Interlocal re:19,542 19,542 P 12/31/2099
LiDar Data Project Contractor:(042515)KITSAP COUNTY
Supp Type Number Date Supplemental Description
n/a(new) 04/11/2016
CAG-15-222 DGK,Inc.(dba Widener and Associates)-Duvall Ave NE-NE 4th St 34,890 34,890 P 12/31/2016
to NE lOth St Project Contractor:(091850)WIDENER&ASSOCIATES
Supp Type Number Date Supplemental Description
addendum Adden#1-16 06/21/2016 Adden#1-16-DGK,Inc.dba Widener&Associates-Additional
environmental services&time extension
Previous Exp Date New Exp Date
12/31/2017
CAG-16-018 PND Engineers-Structural Assessment services for Cedar River Trail 16,500 16,500 P 12/31/2016
Park Boathouse&Pier Contractor:(061121)PND ENGINEERS
Supp Type Number Date Supplemental Description
addendum Adden#1-16 04/27/2016 Adden#1-16-PND Engineers-Cedar River Boathouse structural
assessment-time extension.
Previous Exp Date New Exp Date
04/28/2016 06/15/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 4 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contreds_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-019 PNO Engineers-Structural Assessment services for Ivar's Deck at 16,500 24,170 P 12/31/2016
Coulon Park Contractor:(061121)PND ENGINEERS
Supp Type Number Date Supplemental Description
addendum Adden#1-16 04/07/2016 Adden#1-16-PND Engineers-additional structural assessment
for Ivar's outdoor deck
addendum Adden#2-16 05/13/2016 Adden#2-16-PND Engineers-revised expiration date.
Previous Exp Date New Exp Date
12/31/2016 07/29/2016
CAG-16-036 Scarsella Bros.Inc.-Talbot Hill Sewer Relocation 3,183,441 $3,183,441 P 07/31/2017
Contractor:(071019)SCARSELLA BROTHERS INC
Supp Type Number Date Supplemental Description
n/a(new) 05/05/2016
CAG-16-037 Paul Brothers Inc-Meadow Crest Playground Ph 2-Nature Play 210,541 $215,096 P 12/31/2016
Area construction Contractor:(060576)PAUL BROTHERS INC
Supp Type Number Date Supplemental Description
addendum Adden#2-16 04/28/2016 Adden#2-16-Paul Brothers,Inc-addional work/drainline
installation
CAG-16-040 Gary Merlino Construction Company,Inc.-Cedar River 7,537,748 $7,537,748 P 12/31/2017
Maintenance Dredge Project Contractor:(048830)GARY MERLINO CONST CO
Supp Type Number Date Supplemental Description
n/a(new) 05/31/2016
CAG-16-042 Miles Resources,LLC-2016 Street Patch&Overlay with Curb 436,290 $436,290 P 11/13/2017
Ramps Contractor:(049515)MILES RESOURCES LLC
SuppType Number Date Supplemental Description
n/a(new) 06/20/2016
CAG-16-048 King County-Traffic Signal at 156th Ave SE&SE 142nd PI. 14,075 14,075 R 12/31/2016
Supp Type Number Date Supplemental Description
n/a(new) 04/O1/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 5 Of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contrects_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-051 Stafford Excavating LLC-Elliot Spawning Channel Inlet 207,419 $207,419 P 12/31/2017
Contractor:(076891)STAFFORD EXCAVATING
Supp Type Number Date Supplemental Description
n/a(new) 06/20/2016
CAG-16-052 City of Newcastle-Hanging banners over Coal Creek Parkway 1,344 1,344 R 04/30/2017
Supp Type Number Date Supplemental Description
n/a(new) 04/11/2016
CAG-16-053 City of Renton-Hanging banners over Coal Creek Parkway 10,000 10,000 M 12/31/2016
Supp Type Number Date Supplemental Description
n/a(new) 04/08/2016
CAG-16-054 Olympic Peninsula Fishing Innovations-Atlantic Salmon Fly 10,000 10,000 M 12/31/2016
International Expo-June 3-5,2016
Supp Type Number Date Supplemental Description
n/a(new) 04/08/2016
CAG-16-055 Hough Beck&Baird,Inc-Sunset Neighborhood Park Ph 1-Design 338,215 $338,215 P 09/15/2017
Construction Services Contractor:(035300)HOUGH BECK&BAIRD INC
Supp Type Number Date Supplemental Description
n/a(new) 04/13/2016
CAG-16-056 Davey Resource Group-2016 Contract Certified Arborist Inspector 60,000 60,000 P 12/31/2016
Contractor:(020110)THE DAVEY TREE EXPERT COMPANY
Supp Type Number Date Supplemental Description
n/a(new) 04/14/2016
CAG-16-057 Karen's Footcare Service-footcare service for Senior Citizens 0 0 R 04/13/2017
Supp Type Number Date Supplemental Description
n/a(new) 04/13/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 6 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-058 Habitat for Humanity-replacement of siding at homes in Vantage 4,000 4,000 P 12/31/2016
Glen Contractor:(031918)HABITAT FOR HUMANITY
Supp Type Number Date Supplemental Description
n/a(new) 04/14/2016
CAG-16-059 Renton Stormwater Manual Update-Phase I project 32,422 32,422 P 03/31/2017
Contractor:(033887)HERRERA ENVIRONMENTAL
Supp Type Number Date Supplemental Description
n/a(new) 04/15/2016
CAG-16-060 Seattle International Film Festival(SIFF)-SIFF-Renton Festival 20,000 20,000 P 12/31/2016
Contractor:(074687)SIFF
SuppType Number Date Supplemental Description
n/a(new) 04/18/2016
CAG-16-061 Rodarte Construction,Inc.-SW 7th St,Powell Av SW to Lind Av SW 3,099,676 $3,099,676 P 12/31/2017
Storm System Contractor:(069020)RODARTE CONSTRUCTION INC
Supp Type Number Date Supplemental Description
n/a(new) 06/13/2016
CAG-16-062 Services to signal cabinets at Logan Ave N&N 3rd St and Logan Ave 7,789 7,789 P 12/31/2016
N&N 4th St Contractor:(064290)PUGET SOUND ENERGY
Supp Type Number Date Supplemental Description
n/a(new) 04/20/2016
CAG-16-063 Parametric-Duvall Ave NE,NE 10th St to Sunset Blvd 390,848 $390,848 P 04/30/2018
Contractor:(060277)PARAMETRIX INC
Supp Type Number Date Supplemental Description
n/a(new) 06/21/2016
CAG-16-064 Paramedic Instruction for Renton Fire 39,700 39,700 P 12/31/2017
Contractor:(079515)SYLVIA FEDER
Supp Type Number Date Supplemental Description
n/a(new) 04/25/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 7 Of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contrac[s_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-065 CM Design Group-Topographic survey&geotechnical investigation 19,927 19,927 P 12/31/2016
for Duvall Ave NE Pavement Preservation Project Contractor:(016404)CM DESIGN GROUP LLC
Supp Type Number Date Supplemental Description
n/a(new) 04/20/2016
CAG-16-066 Valbridge Property Advsiors/Allen Brackett Shedd-property 6,000 6,000 P 06/30/2016
appraisal at Fawcett/Meadows Property Contractor:(011880)BRUCE C ALLEN&ASSOCIATES INC
Supp Type Number Date Supplemental Oescription
n/a(new) 04/20/2016
CAG-16-067 Shannon&Wilson,Inc-Wetland/stream delineation services& 26,220 26,220 P 12/31/2016
Biological Assessment for Ron Regis Park Contractor:(074031)SHANNON&WILSON INC
Supp Type Number Date Supplemental Description
n/a(new) 04/25/2016
CAG-16-068 WA Dept of Transportation-S 14th St Sanitary Sewer Main 3,974,945 $3,974,945 R 12/31/2017
Relocation
SuppType Number Date Supplemental Description
n/a(new) 05/12/2016
CAG-16-069 Wells Fargo-Trustkeeping Services 12,000 12,000 P 03/20/2020
Contractor:(090297)WELLS FARGO BANK
Supp Type Number Date Supplemental Description
n/a(new) 04/26/2016
CAG-16-070 Thundering Oak Enterprises-tree removal from Maplewood Golf 3,701 3,701 P OS/30/2016
Course Contractor:(081349)THUNDERING OAK ENTERPRISES INC
SuppType Number Date Supplemental Description
n/a(new) 04/22/2016
CAG-16-071 Renton Chamber of Commerce-Visitor Center Operations 75,000 75,000 P 12/31/2016
Contractor:(066950)RENTON CHAMBER OF,COMMERCE
Supp Type Number Date Supplemental Description
n/a(new) 05/03/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 8 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-072 Renton Chamber of Commerce-2016 Oktoberfest event 10,000 10,000 P 12/31/2016
Promotion Contractor:(066950)RENTON CHAMBER OF,COMMERCE
Supp Type Number Date Supplemental Description
n/a(new) 04/29/2016
CAG-16-073 Renton Chamber of Commerce-Return to Renton Car Show 5,000 5,000 P 12/31/2016
Contractor:(066950)RENTON CHAMBER OF,COMMERCE
Supp Type Number Oate Supplemental Description
n/a(new) 04/29/2016
CAG-16-074 University of Washington-Tacoma-Memorandum of 0 0 M 12/31/2016
Understanding for GPC Forum-Speaker
Supp Type Number Date Supplemental Description
n/a(new) 04/28/2016
CAG-16-075 Sextant Marketing Group-Peter Kageyama-Speaking&Training 22,050 22,050 P 06/30/2016
Services for the GPC event Contractor:(073949)SEXTANT MARKETING GROUP
SuppType Number Date Supplemental Description
n/a(new) OS/02/2016
CAG-16-076 MOU-roles&responsibilities of SIFF for the May 2016 film festival 0 0 M 12/31/2016
Supp Type Number Date Supplemental Oescription
n/a(new) 04/28/2016
CAG-16-078 Canber Corporation-Landscaping Maintenance Services 470,692 $476,030 P 12/31/2018
Contractor:(013391)CANBER CORPS
Supp Type Number Date Supplemental Description
addendum Adden#1-16 05/20/2016 Adden#1-16-Canber Corporation-add'I service-one-time
cleanup of overgrown sites.
CAG-16-080 Entrance Controls-Lenel software support and server upgrade for 7,714 7,714 P 06/17/2016
the Airport gate Contractor:(043705)ENTRANCE CONTROLS
Supp Type Number Date Supplemental Description
addendum Adden#1-16 06/17/2016 Adden#1-16-Entrance Controls-Time Extension only
Previous Exp Date New Exp Date
06/17/2016 12/31/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 9 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-081 ACES Tennis-tennis programs in conjunction with recreation 10,000 10,000 P 04/01/2017
division. Contractor:(000566)ACES TENNIS INC
Supp Type Number Date Supplemental Description
n/a(new) 04/O1/2016
CAG-16-082 Rabanco,LTD dba Republic Services of Kent-Comprehensive 95,600,000 $95,600,000 P 03/31/2027
Garbage,Recyclables&Compostables Collection Contractor:(067976)REPUBLIC SERVICES INC
Supp Type Number Date Supplemental Description
n/a(new) 05/12/2016
CAG-16-083 King Conservation District 9-Agreement for Performance of 0 0 M 12/31/2016
Conversation Services-Youth Stormwater Education Program
Supp Type Number Date Supplemental Description
n/a(new) 05/16/2016
CAG-16-085 The Boeing Company-License Agreement for the City's event 0 0 M 05/21/2016
trailer to be on Boeing's property for"Bike-to-Work"event
Supp Type Number Date Supplemental Description
n/a(new) 05/19/2016
CAG-16-086 Northwest Management Systems-Pavement Condition Survey 189,050 $189,050 P 12/31/2019
Services Contractor:(056588)NW MANAGEMENT SYSTEMS
Supp Type Number Date Supplemental Description
n/a(new) 05/20/2016
CAG-16-087 Carollo Engineers,Inc.-CCTV Inspection Program Improvements 119,168 $119,168 P 12/31/2017
Contractor:(013783)CAROLLO ENGINEERS PC
Supp Type Number Date Supplemental Description
n/a(new) 05/20/2016
CAG-16-088 KPG,Inc-Airport Control Tower Seismic Upgrade&First Floor 277,626 $277,626 P 12/31/2016
Remodel Project Contractor:(042772)KPG INC
Supp Type Number Date Supplemental Description
n/a(new) 05/20/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 10 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-089 Takouba Security,LLC.-Purchase and configuration of Emergency 24,966 24,966 P 12/31/2016
Mgmt Incident Tracker(EMIT) Contractor:(080029)TAKOUBA SECURITY LLC
SuppType Number Date Supplemental Description
n/a(new) 05/15/2016
CAG-16-090 KBA-Survey parcel at 350 East Perimeter Rod for upcoming Airport 131,350 $131,350 P 12/31/2016
lease Contractor:(040276)KBA INC
Supp Type Number Date Supplemental Description
n/a(new) 06/21/2016
CAG-16-091 KPG,Inc.-Survey parcel at 350 East Perimeter Rod for upcoming 7,800 7,800 P 07/31/2016
Airport lease Contractor:(042772)KPG INC
Supp Type Number Date Supplemental Description
n/a(new) 05/31/2016
CAG-16-092 Entrance Controls-install LNL-3300 panels at City Hall 10,740 10,740 P 06/30/2016
Contractor:043705)ENTRANCE CONTROLS
Supp Type Number Date Supplemental Description
n/a(new) 05/31/2016
CAG-16-093 Fire-One Inc-replace 21 feet of pipe on the fire system at the 3,416 3,416 P 06/30/2016
Renton City parking garage. Contractor:(026330)FIRE ONE INC
Supp Type Number Date Supplemental Description
n/a(new) 06/02/2016
CAG-16-094 Ivar's,Inc-snack bar operation at Henry Moses Aquatic Center 0 0 R 09/05/2016
Supp Type Number Date Supplemental Description
n/a(new) 06/01/2016
CAG-16-095 Canber Corporation-tree and sidewalk maintenance services at 15,106 17,106 P 06/15/2016
Honey Creek Ridge HOA.Contractor:(013391)CANBER CORPS
Supp Type Number Date Supplemental Description
addendum Adden#1-16 06/21/2016 Canber Corp-Adden#1-16-add'I work and time extension.
Previous Exp Date New Exp Date
06/15/2016 06/30/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 11 of 14
RVAPPOZ\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contrects_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-096 Renton Techinical College Foundation-Reading Apprenticeship 5,000 5,000 P 12/31/2016
Conference&STEM Training Events Contractor:(067864)RENTON TECHNICAL COLLEGE,FOUNDAT
Supp Type Number Date Supplemental Description
n/a(new) 05/17/2016
CAG-16-097 Berk-Assistance in preparation of the CNI Implementation Grant 25,500 25,500 P 06/30/2016
Application Contractor:(009274)BERK CONSULTING INC
Supp Type Number Date Supplemental Description
n/a(new) 05/20/2016
CAG-16-098 Berk-Disaster Recovery Plan 20,000 20,000 P 06/30/2016
Contractor:(009274)BERK CONSULTING INC
Supp Type Number Date Supplemental Description
n/a(new) 05/25/2016
CAG-16-099 Banker's Auto Rebuild&Towing-Agreement for tow services 0 0 M 10/14/2017
provided at a cost set by the WSP
SuppType Number Date Supplemental Description
n/a(new) 06/06/2016
CAG-16-100 Gene Meyer Towing-Agreement for tow services provided at a 0 0 M 10/14/2017
cost set by the WSP
Supp Type Number Date Supplemental Description
n/a(new) 06/06/2016
CAG-16-101 West&Son's Towing-Agreement for tow services provided at a 0 0 P 10/14/2017
cost set by the WSP
Supp Type Number Date Supplemental Description
n/a(new) 06/06/2016
CAG-16-102 Skyway Towing-Agreement for tow services provided at a cost set 0 0 M 10/14/2017
by the WSP
Supp Type Number Date Supplemental Description
n/a(new) 06/06/2016
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Pdge 12 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-103 RH2 Engineering,Inc.-Replace Highlands 435 Pressure Zone 697,088 $697,088 P 03/31/2018
Reservoirs and Mains-Final Design and Bidding Contractor:(068180)RH2 ENGINEERING INC
SuppType Number Date Supplemental Description
n/a(new) 06/O8/2016
CAG-16-104 AquaTechnex-aquatic weed management at Coulon Beach Park& 6,570 6,570 P 06/13/2016
Kennydale Beach Park. Contractor:(005250)AQUA TECHNEX LLC
Supp Type Number Date Supplemental Description
n/a(new) 06/OS/2016
CAG-16-106 Pacific Devlopment Concepts- Deborah Gooden-Preparing for 50,000 50,000 P 07/15/2016
HUD CNI Grant Contractor:(059246)DEBORAH J GOODEN
SuppType Number Date Supplemental Description
n/a(new) 05/02/2016
CAG-16-107 The Boeing Company-Parking Lot 11 Light Relocation Agreement- 0 0 M 12/31/2016
additional time to complete the project
SuppType Number Date Supplemental Description
n/a(new) 06/23/2016
CAG-16-108 Stantec Consulting Services-Thunder Hills Sanitary Sewer 313,700 $313,700 P 12/31/2018
Interceptor Replacement Project-Design and Construction Contractor:(077215)STANTEC CONSULTING SVCS INC
Services
SuppType Number Date Supplemental Description
n/a(new) 06/23/2016
LAG-12-002 Communities in Schools of Renton-200 Mill Building Lease 0 0 R 03/31/2014
Supp Type Number Date Supplemental Description
addendum Adden#1-16 04/19/2016 Adden#1-16-lease extension and monthly adjustments
Previous Exp Date New Exp Date
03/31/2014 OS/14/2019
addendum Adden#2-16 06/21/2016 Communities in Schools-Adden#2-16-Correcting the
designated suite number.
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Pdge 13 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contrects_executed.rpt
AGENDA ITEM #8. c)
Contracts Fully Executed from 4/1/2016 thru 6/30/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
LAG-15-006 Crawford&Company-200 Mill Building Lease-Suites 505,510, 0 0 R 02/28/2021
515
Supp Type Number Date Supplemental Description
addendum Adden#1-16 05/20/2016 Adden#1-16-Crawford&Company-Commencement Date
Memorandum
Previous Exp Date New Exp Date
oz/zs/Zozi 03/31/2021
LAG-16-001 WA State Dept of Natural Resources-Riverview Park Bridge Aquatic 1,400 1,400 P 04/30/2046
Lands Easement Agreement Contractor:(089199)DEPT OF NATURAL RESOURCES
Supp Type Number Date Supplemental Description
n/a(new) 05/26/2016
Number of Items Processed: 94 (New Contracts:57; Addendums: 22; Change Orders: 7; Work Orders: 8)
Number of Contracts/Leases Affected: 82
Current Contracts/$Amount Summary: Payable (63) $195,084,013 Receivable (9) $4,952,162 Miscellaneous (10) $20,000
Data as of: 6/30/2016 4:40:31PM Printed: 6/30/2016 Page 14 of 14
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-96-078 Wa Community,Trade&Economic Development Trust Fund Loan- PW 0 0 M 07/02/2016
Sunset Interceptor Contractor:(089191)WA ST DEPT OF COMMUNITY,TRADE
CAG-96-079 Wa Community,Trade&Economic Development Trust Fund Loan- PW 0 0 M 07/02/2016
Construction of East Kennydale Interceptor Contractor:(089191)WA ST DEPT OF COMMUNITY,TRADE
CAG-16-106 Pacific Devlopment Concepts- Deborah Gooden-Preparing for 50,000 50,000 P 07/15/2016
HUD CNI Grant Contractor:(059246)OEBORAH J GOODEN
CAG-15-178 DKS Associates-7th St&Shattuck Av Intersection Construction 97,079 97,079 P 07/30/2016
Design Support Services Contractor:(021454)DKS ASSOCIATES
CAG-15-099 Scotty's General Construction-SE 165TH Sanitary Sewer Extension PW 127,504 $131,762 P 07/31/2016
Contractor:(100975)SCOTTY'S GENERAL CONSTRUCTION
CAG-15-135 US Dept of Ag.-Interlocal Agreement-Waterfowl Management CS 2,230 2,230 P 07/31/2016
Contractor:(083655)USDA,APHIS;GENERAL
CAG-16-091 KPG,Inc.-Survey parcel at 350 East Perimeter Rod for upcoming 7,800 7,800 P 07/31/2016
Airport lease Contractor:(042772)KPG INC
CAG-13-189 Phil Olbrechts-Hearing Examiner Contract($40,000 maximum for CED 120,000 $120,000 P 08/31/2016
3 years)-Expires:8/31/2016. Contractor:(057800)OLBRECHTS&ASSOCIATES PLLC
CAG-15-194 WA State Military&US Dept of Home Security-2015 Emergency 72,093 72,093 R 08/31/2016
Mgmt Performance Grant(EMPG)Award Letter
CAG-16-050 Button Plumbing and Heating,LLC-Plumbing repairs for Airport 958 958 P O8/31/2016
Tower Contractor:(012589)BUTTON PLUMBING&HEATING
LAG-84-003 Lease of 350 Bldg. PW 45,143 45,143 R 08/31/2016
Contractor:(1025)KAYNAN,INC
CAG-16-094 Ivar's,Inc-snack bar operation at Henry Moses Aquatic Center 0 0 R 09/05/2016
CAG-16-020 Lotus Development Partners,LLC-Coordination of a developer 35,000 35,000 P 09/30/2016
selection process for the 200 Mill bldg redevelopment Contractor:(045276)LOTUS DEVELOPMENT PARTNERS LlC
LAG-96-001 Lease-Sprint Spectrum communications for antenna space on the PW 0 0 R 09/30/2016
Highlands elevated storage tank at 3410 NE 12th Street.w/memo Contractor:(2552)SPRINT
of PCS site agreement and Addenda#1&2-moving antennas&
change date of assessments.Term:9/30/2016
CAG-15-079 Kaleidoscope Services-Hanging Flower Basket Program 2015-2016 CS 64,079 64,079 P 10/31/2016
Contractor:(040085)KALEIDOSCOPE SERVICES
LAG-13-007 Curt Tiedeman,dba First Rate Mortgage-lease of 200 Mill Building, CS 0 0 R 10/31/2016
Suite 400-$3,250-5,270/mth for three years. Contractor:(2267)GVA KIDDER MATHEWS
CAG-15-032 Olson Brothers Excavating,Inc.-Sunset Terrace Regional PW 649,550 $649,550 P 11/20/2016
Stormwater Facility(SWO-27-3658) Contractor:(057809)OLSON BROTHERS EXCAVATING INC
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 1 of 10
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_expired.rpt
AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-13-208 WA State Criminal Justice Training Comm-full-time services of Police 0 0 M 11/30/2016
Officer Shelly Hamel for Basic Law Enforcement Academy program
CAG-16-038 Hough Beck&Baird-Sunset Neighborhood Park Ph 2-Grant 25,796 25,796 P 11/30/2016
Applications Contractor:(035300)HOUGH BECK&BAIRD INC
CAG-15-016 Performance Mechanical Group-Installation of the HVAC system at CS 78,236 78,236 P 12/07/2016
the 200 Mill Building 1st floor HVAC Contractor:(061135)PERFORMANCE MECHANICAL
CAG-15-154 K-A General Construction Contractor LLC-Replace Roof at 116,958 $216,779 P 12/15/2016
Maplewood BPS 2015 Contractor:(040118)K-A GENERAL
CAG-06-026 Museum Management Agreement CS 0 P 12/31/2016
Contractor:(067215)RENTON HISTORICAL SOCIETY
CAG-06-199 WRIA 8 Salmon Habitat Plan Implementation/Interlocal Agreement PW 13,522 13,522 P 12/31/2016
Contractor:(041644)KING CNTY DEPT NATURAL RSRCS
CAG-06-200 WRIA 9 Salmon Habitat Plan Implementation/Interlocal Agreement PW 9,336 9,336 P 12/31/2016
Contractor:(041644)KING CNTY DEPT NATURAL RSRCS
CAG-11-069 King County-Renton Ave South Business District Improvement CED 243,750 $243,750 P 12/31/2016
Project(WestHill/Skyway)-funded by$243,750 state&federal Contractor:(042376)KING CNTY DOT/RSD,ROAD SERVICES FI
grants
CAG-11-113 KC Senior Services MOU-Meals on Wheels CS 0 0 M 12/31/2016
Contractor:(073590)SOUND GENERATIONS
CAG-11-114 KC Senior Services MOU-Community Dining CS 0 0 M 12/31/2016
Contractor:(073590)SOUND GENERATIONS
CAG-11-130 King County Library System-Interlocal with KCLS related to CED 0 0 P 12/31/2016
construction of 2 KCLS libraries in Renton Contractor:(040279)KING COUNTY LIBRARY SYSTEM
CAG-11-191 Armored Car Services-($13,102.64 for lst year)5 year contract ASD 68,187 68,187 P 12/31/2016
totalling$68,186.64 Contractor:(045247)LOOMIS
CAG-11-193 UW Medicine Valley Medical Center-Sponsor agreement for CS 10,000 10,000 R 12/31/2016
celebration trailer($2,000 for 5 years) Contractor:(1250)VALLEY MEDICAL CENTER
CAG-11-212 King County-Interagency agreement for improvements to Renton CED 727,000 $727,000 P 12/31/2016
Avenue South between 75th Ave 5&76 Ave S,Phase lA-funded Contractor:(042376)KING CNTY DOT/RSD,ROAD SERVICES FI
by $727,000 state&federal grants
CAG-11-222 Piper Jaffray&Co.-Financial Advisor Services ASD 0 0 P 12/31/2016
Contractor:(062022)PIPER JAFFRAY&CO
CAG-12-095 Kiddie Fire Trainiers-Maintenance Support Services to provide Fire 30,165 46,002 P 12/31/2016
annual parts&preventative maintenance to the FireTrainer T2000 Contractor:(079524)KFT FIRE TRAINER LLC
Live Fire Training Systems.$47,509.00
CAG-12-170 Waste Management of Washington-Waste Management Labor PW 237,000 $237,000 R 12/31/2016
Strike Settlement Agreement-City to receive$237,000 from WM Contractor:(1093)WASTE MANAGEMENT-RAINIER
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 2 of 10
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AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-13-018 WSDOT-Logan Av N Roadway Improvements,STP Funds for Design PW 951,000 $3,441,000 R 12/31/2016
rev.$951,000.00)
CAG-13-019 WSDOT-5 7th Street at Shattuck Av S Intersection Improvement PW 500,000 $500,000 R 12/31/2016
CMAQ Grant(rev:$500,000)
CAG-13-137 LexisNexis-Computer Research contract-online publication-3.5 ??? 49,410 49,410 P 12/31/2016
years Contractor:(044515)LEXISNEXIS
CAG-13-190 Renton Chamber of Commerce-Chamber services promoting CED 26,664 26,664 P 12/31/2016
businesses&acfivities in Greator Renton area. Contractor:(066950)RENTON CHAMBER OF,COMMERCE
CAG-14-001 Kaleidoscope Services-Flower Bed Agreement at Veterans CS 18,000 18,000 P 12/31/2016
Memorial Park Contractor:(040085)KALEIDOSCOPE SERVICES
CAG-14-091 Western Display Fireworks,LTD-2014-2016 agr.Providing CS 20,000 20,000 P 12/31/2016
professional fireworks display for the 4th of July. Contractor:(090600)WESTERN DISPLAY FIREWORKS LTD
CAG-14-126 Mead&Hunt,Inc-Consultant agreement for Airport Master Plan PW 837,705 $837,705 P 12/31/2016
Contractor:(048618)MEAD&HUNT INC
CAG-15-011 Green Effects,Inc.-Landscaping maintenance services PW 7,464 7,464 P 12/31/2016
Contractor:(031470)GREEN EFFECTS INC
CAG-15-047 King County Flood Control District-Flood Reduction Grant Funds PW 200,000 $200,000 R 12/31/2016
for Maplewood Creek Stormwater OutFall Project Contractor:(1067)KING COUNTY
CAG-15-052 Aquatic Specialties Services-pool service&maintenance at Henry CS 49,000 49,000 P 12/31/2016
Moses Aquatic Center Contractor:(005305)AQUATIC SPECIALTY SERVICES INC
CAG-15-054 Washington Poison Control-Crisis Line-2015-2016 Human CS 11,000 11,000 P 12/31/2016
Services General Fund Contract Contractor:(088901)WA POISON CENTER
CAG-15-055 Washington Community Alliance for Self-Help-Low income&CS 10,286 10,286 P 12/31/2016
Immigrant Business Development Program-2015-2016 Human Contractor:(088185)WA COMMUNITY ALLIANCE FOR
Services General Fund Contract
CAG-15-056 Valley Cities Counseling&Consultation-Homeless Outreach-2015 CS 33,000 33,000 P 12/31/2016
2016 Human Services General Fund Contract Contractor:(085320)VALLEY CITIES
CAG-15-057 Ukrainian Community Center of Wa-Refugee Assistance Program- CS 10,000 10,000 P 12/31/2016
2015-2016 Human Services General Fund Contract Contractor:(083215)UKRAINIAN COMMUNITY CNTR OF WA
CAG-15-058 Ukrainian Community Center of Wa-Crisis Family Intervention CS 24,000 24,000 P 12/31/2016
Program-2015-2016 Human Services General Fund Contract Contractor:(083215)UKRAINIAN COMMUNITY CNTR OF WA
CAG-15-059 Therapeutic Health Services-Drug&Alcohol Treatment-2015- CS 10,000 10,000 P 12/31/2016
2016 Human Services General Fund Contract Contractor:(080785)THERAPEUTIC HEALTH SERVICES
CAG-15-060 South Mental Health-Low Income Counseling Program-2015- CS 10,000 10,000 P 12/31/2016
2016 Human Services General Fund Contract Contractor:076038)SOUND MENTAL HEALTH
CAG-15-061 Renton Ecumenical Association of Churches-REACH-Center of CS 15,000 15,000 P 12/31/2016
Hope-2015-2016 Human Services General Fund Contract Contractor:(067105)RENTON ECUMENICAL ASSOCIATION
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 3 of 10
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contrects_expired.rpt
AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-15-062 Sound Mental Health-Children's Community Support Program- CS 20,000 20,000 P 12/31/2016
2015-2016 Human Services General Fund Contract Contractor:(076038)SOUND MENTAL HEALTH
CAG-15-063 Renton ARe Youth&FAmily Services(RAYS)-SPARK T.H.I.S.-2015- CS 30,000 30,000 P 12/31/2016
2016 Human Services General Fund Contract Contractor:(066670)RENTON AREA YOUTH/FAMILY SVCS
CAG-15-065 Renton Area Youth&FAmily Services(RAYS)-Counseling Program- CS 10,000 10,000 P 12/31/2016
2015-2016 Human Services General Fund Contract Contractor:(066670)RENTON AREA YOUTH/FAMILY SVCS
CAG-15-066 Puget Sound Training Center-Employment&Training Services CS 10,000 10,000 P 12/31/2016
Contractor:(064537)PUGET SOUND OIC
CAG-15-067 Pediatric Interium Care Center-interim care of drug-exposed CS 12,000 12,000 P 12/31/2016
infants Contractor:(060760)PEDIATRIC INTERIM CARE CENTER
CAG-15-068 King County Bar Foundation-Pro Bono Services Program CS 15,000 15,000 P 12/31/2016
Contractor:(041597)KING CNTY BAR FOUNDATION
CAG-15-069 Greater Maple Valley Community Center-DateWise Program CS 12,000 12,000 P 12/31/2016
Contractor:(031323)GREATER MAPLE VALLEY COMM CTR
CAG-15-070 Friends of Youth-Healthy Start Program CS 22,016 22,016 P 12/31/2016
Contractor:(027484)FRIENDS OF YOUTH
CAG-15-071 Emergency Feeding Program-Hunger Relief Program CS 22,000 22,000 P 12/31/2016
Contractor:(023956)EMERGENCY FEEDING PROGRAM
CAG-15-072 Hero House Program-Psychiatric Rehabilitation Program CS 10,000 10,000 P 12/31/2016
Contractor:(033883)HERO HOUSE
CAG-15-073 Feminist Women's Health Center dba Cedar River Clinic- CS 22,500 22,500 P 12/31/2016
Reproductive healthcare for low-income women Contractor:(014470)CEDAR RIVER CLINICS
CAG-15-074 Bridge Disability Ministries-Guardianship Program CS 10,000 10,000 P 12/31/2016
Contractor:(011341)BRIDGE MINISTRIES
CAG-15-075 Bridge Disability Ministries-Mobility Program CS 10,000 10,000 P 12/31/2016
Contractor:(011341)BRIDGE MINISTRIES
CAG-15-076 Auburn Youth Resources-Youth Outreach Program CS 14,302 14,302 P 12/31/2016
Contractor:(006646)AUBURN YOUTH RESOURCES
CAG-15-078 DPK,Inc.-S.7th Street at Shattuck Av S Project PW 868,454 $1,010,078 P 12/31/2016
Contractor:(022007)DPK INC
CAG-15-O85 Way Back Inn-Transitional Housing Capacity Building-2015-2016 CS 8,000 8,000 P 12/31/2016
Human Services General fund Contract Contractor:(089949)WAY BACK INN FOUNDATION
CAG-15-086 Seattle King County Oepartment of Public Health-South King CS 10,000 10,000 P 12/31/2016
County Mobile Medical Program-2015-2016 Human Services Contractor:(041610)SEA KING CNTY PUBLIC HEALTH
General Fund Contract
CAG-15-087 Orion Industries-Employment Services Program-2015-2016 CS 10,000 10,000 P 12/31/2016
Human Services General Fund Contract Contractor:(058275)ORION INDUSTRIES
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 4 of 10
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AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-15-088 Eastside Baby Corner-Basic Needs Program-2015-2016 Human CS 10,000 10,000 P 12/31/2016
Services General Fund Contract Contractor:(022975)EASTSIDE BABY CORNER
CAG-15-089 KPG,P.S.-Rainier Av S.Corridor Improvements Phase 4 Survey 98,586 $522,125 P 12/31/2016
Contractor:(042772)KPG INC
CAG-15-091 Catholic Community Services-ARISE Men's Shelter-2015-2016 CS 88,000 88,000 P 12/31/2016
Human Services General Fund Contract Contractor:(014310)CATHOLIC COMMUNITY SERVICES
CAG-15-092 Family Liaison Program-2015-2016 Human Services General Fund CS 66,000 66,000 P 12/31/2016
Contract Contractor:(017602)COMMUNITIES IN SCHOOL INC
CAG-15-093 Communities in Schools of Renton-Mentor Program-2015-2016 CS 49,200 49,200 P 12/31/2016
Human Services General Fund Contract Contractor:(017602)COMMUNITIES IN SCHOOL INC
CAG-15-094 St.Vincent de Paul/St.Anthony Conference-Emergency Assistance 50,000 50,000 P 12/31/2016
Program-2015-2016 Human Services General Fund Contract Contractor:(070296)ST.VINCENT DE PAUL,ATTN:ACCTG DEPI
CAG-15-095 King County Sexual Assault Resource Center-Sexual Assault CS 63,964 63,964 P 12/31/2016
Services-2015-2016 Human Services General Fund Contract Contractor:(042170)KING CNTY SEXUAL ASSAULT
CAG-15-096 Multi-Service Center-Rent&Emergency Assistance-2015-2016 CS 48,000 48,000 P 12/31/2016
Human Services General Fund Contract Contractor:(076117)MULTI SERVICE CENTER
CAG-15-097 Senior Services-Volunteer Transportation-2015-2016 Human CS 37,878 37,878 P 12/31/2016
Services General Fund Contract Contractor:(073590)SOUND GENERATIONS
CAG-15-098 Senior Services-Meals on Wheels-2015-2016 Human Services CS 20,000 20,000 P 12/31/2016
General Fund Contract Contractor:(073590)SOUND GENERATIONS
CAG-15-103 Renton Ecumenical Association of Churches(REACH)-Renton Meal CS 8,000 8,000 P 12/31/2016
Coalition--2015-2016 Human Services General Fund Contract Contractor:(067105)RENTON ECUMENICAL ASSOCIATION
CAG-15-104 Renton Youth Advocacy Center-Youth Drop in Center Capacity CS 8,000 8,000 P 12/31/2016
Building-2015-2016 Human Services General Fund Contract Contractor:(067320)RENTON YOUTH ADVOCACY CENTER
CAG-15-105 YWCA Seattle King Snohomish-Adult Domestic Violence Services- CS 10,000 10,000 P 12/31/2016
2015-2016 Human Services General Fund Contract Contractor:(093463)YWCA
CAG-15-106 YWCA Seattle King Snohomish-Children's Domestic Violence CS 16,946 16,946 P 12/31/2016
Service-2015-2016 Human Services General Fund Contract Contractor:(093463)YWCA
CAG-15-107 YWCA Seattle King Snohomish-Emergency Housing-2015-2016 CS 11,000 11,000 P 12/31/2016
Human Services General Fund Contract Contractor:(093463)YWCA
CAG-15-118 Road Construction NW-Central Renton Sewer Interceptor Reline& PW 393,970 $393,970 P 12/31/2016
Update Contractor:(068803)ROAD CONSTRUCTION NW
CAG-15-120 Stantec Consulting Services,Inc.-Talbot Hill Sewer Relocation PW 386,200 $580,000 P 12/31/2016
SR167 IC/DC Project)Design&Bidding Services Contractor:(077215)STANTEC CONSULTING SVCS INC
CAG-15-129 King County Solid Waste Division- Interagency agreement for 231,876 $231,876 P 12/31/2016
2015 2-16 Waste Reduction&Recycling
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 5 of 10
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_expired.rpt
AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-15-130 Renton Kiwanis Clothes Bank-2015-2016 clothes bank program CS 12,016 12,016 P 12/31/2016
Contractor:(066630)RENTON CLOTHES BANK,C/O JUDY CRAIC
CAG-15-131 Cry Out!-college&jobs preparation program CS 8,000 8,000 P 12/31/2016
Contractor:(019275)CRYOUT
CAG-15-134 Johansen Excavating Inc-Logan Av N(Airport Way to N 6th St) 4,424,413 $5,024,198 P 12/31/2016
roadway improvements Contractor:(039317)JOHANSEN EXCAVATING INC
CAG-15-147 2015-2016 Human Services Contract-Capacity Building-Play& CS 8,000 8,000 P 12/31/2016
Learn Group Program Contractor:(075660)SOMALI YOUTH&FAMILY CLUB
CAG-15-152 PACE Engineering,Inc.-116th Av SE Sidewalk Improvements PW 88,998 88,998 P 12/31/2016
Contractor:(060869)PACE ENGINEERS INC
CAG-15-156 Benchmark Surveying-professional land surveying&project CED 25,000 25,000 P 12/31/2016
review. Contractor:(009082)BENCHMARK SURVEYING LLC
CAG-15-164 King County Dept of Natural Resources and Parks-Youth Sports 67,500 67,500 R 12/31/2016
Facilities Grant for replacing the primary dock adjacent to the
Renton Rowing Center/Cedar River Boathouse.
CAG-15-166 Margie Williams Helping Hands- Food&Clothing Bank-General 8,000 8,000 P 12/31/2016
Fund Contractor:(046765)MARGIE WILLIAMS
CAG-15-168 Stantec Consulting Services,Inc.-Emergency Repair of 24-inch 52,800 52,800 P 12/31/2016
Water Main in SR 169&Northbound Ramp to I-405 Contractor:(077215)STANTEC CONSULTING SVCS INC
CAG-15-173 Forterra NW-knotweed treatment along Cedar River 138,133 $138,133 P 12/31/2016
Contractor:(014064)FORTERRA NW
CAG-15-177 OTAK,Inc-Lake WA Loop Trail Project 274,891 $309,761 P 12/31/2016
Contractor:(058565)OTAK INC
CAG-15-179 KPG,Inc.-Renton Downtown Circulation Traffic Analysis 61,686 61,686 P 12/31/2016
Contractor:(042772)KPG INC
CAG-15-180 KPG,Inc.-Design the Air Traffic Control Tower First Floor 38,766 38,766 P 12/31/2016
Renovation project Contractor:(042772)KPG INC
CAG-15-183 Piazza Renton Organization-Support Renton Farmers Market 0 0 M 12/31/2016
CAG-15-203 Kent Regional Fire Authority-South King County Training 53,220 53,220 P 12/31/2016
Consortium Assoc Agency Agreement Contractor:(040753)KENT FIRE DEPARTMENT RFA
CAG-15-204 BERK Consulting-Low Impact Development Code Evaluation&49,399 49,399 P 12/31/2016
Update Contractor:(009274)BERK CONSULTING INC
CAG-15-206 David Evans and Associates,Inc.-NE 31st St Bridge Replacement 99,997 99,997 P 12/31/2016
Contractor:(020180)DAVID EVANS&ASSOCIATES INC
CAG-15-208 DGK,Inc.(dba Widener and Associates)-NE 31st St Bridge 64,660 64,660 P 12/31/2016
Replacement Contractor:(091850)WIDENER&ASSOCIATES
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 6 of 10
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_expired.rpt
AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-15-209 DGK,Inc.(dba Widener and Associates)-N 27th Place Culvert 20,185 20,185 P 12/31/2016
Scour Repair Contractor:(091850)WIDENER&ASSOCIATES
CAG-15-210 Combustion Control-Pavilion Hydronic Boiler Replacement 32,469 32,469 P 12/31/2016
Contractor:(063706)PROCTOR SALES INC
CAG-15-215 Flemings Holiday Lighting-install lighting at Coulon&Piazza Park 111,245 $116,008 P 12/31/2016
2015-2016 Contractor:(026563)FLEMINGS HOLIDAY LIGHTING LLC
CAG-15-217 King County Flood Control District-Flood Reduction Grant Funds- 185,000 $185,000 R 12/31/2016
N 30th St and Burnett Ave Storm System Improvements($185,000
rev)
CAG-15-221 DGK,Inc.(dba Widener and Associates) - 116th Ave SE Sidewalk 4,960 4,960 P 12/31/2016
Project Contractor:(091850)WIDENER&ASSOCIATES
CAG-15-222 DGK,Inc.(dba Widener and Associates)-Duvall Ave NE-NE 4th St 34,890 34,890 P 12/31/2016
to NE 10th St Project Contractor:(091850)WIDENER&ASSOCIATES
CAG-15-231 BHC Consultants,LLC-Consultant Agreement for Structural& 20,000 20,000 P 12/31/2016
Non-Structural Plan Review Contractor:(009510)BHC CONSULTANTS llC
CAG-15-232 Kolke Consulting Group,Inc.-Consultant Agreement for Structural 20,000 20,000 P 12/31/2016
Non-Structural Plan Review Contractor:(108285)KOLKE,RAY&CRYSTAL
CAG-15-234 Reid Middleton-Consultant Agreement for Structural& 100,000 $100,000 P 12/31/2016
Non-Structural Plan Review Contractor:(066451)REID MIDDLETON INC
CAG-15-239 Epicenter Services,LLC.-Jeff Brown-Solid Waste Collection 26,000 26,000 P 12/31/2016
Contract,Policy Development&Technical Assistance Contractor:(024363)EPICENTER SERVICES LLC
CAG-15-240 Outcomes by Levy-Consultant Agreement for State Legislative 58,200 58,200 P 12/31/2016
Services Contractor:(058621)OUTCOMES BY LEVY LLC
CAG-16-003 KPG,Inc.-Design analysis for SR 169 westbound dual left turn to 15,831 15,831 P 12/31/2016
I-405 southbound on-ramp Contractor:(042772)KPG INC
CAG-16-005 Physio Control-Defibrillator Monitor Service&Maintenance 25,383 25,383 P 12/31/2016
Agreement Contractor:(061760)PHYSIO-CONTROL INC
CAG-16-006 Kiddie Fire Trainers-Retrofit&Upgrades for Fire Station 14 67,810 67,810 P 12/31/2016
Contractor:(079524)KFT FIRE TRAINER LLC
CAG-16-007 KC GIS Center- Interlocal Cooperative Agreement to purchase 15,342 15,342 P 12/31/2016
Regional Aerial Photographs captured in March 2015 Contractor:(041840)KING CNTY FINANCE
CAG-16-008 Bellevue Mechanical-Senior Center HVAC Replacement 21,451 26,056 P 12/31/2016
Contractor:(008799)BELLEVUE MECHANICAL
CAG-16-009 USDA Wildlife Management-Wildlife Hazard Mitigation 35,000 35,000 P 12/31/2016
Contractor:(083655)USDA,APHIS;GENERAL
CAG-16-010 Municipal Research&Services Center-Small Works&Consultant 0 0 M 12/31/2016
Roster
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 7 of 10
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AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-011 Bradley,Hagen&Gullikson,LLC-Cable TV Franchise Management 12,000 12,000 P 12/31/2016
Consulting Services Contractor:(011181)BRADLEY HAGEN&GULLIKSON LLC
CAG-16-013 DGK,Inc.(Widener&Associates)-Sunset Lane Project:Contract 5,538 5,538 P 12/31/2016
for Environmental Consulting Services Contractor:(091850)WIDENER&ASSOCIATES
CAG-16-014 DGK,Inc.(Widener&Associates)-NE Sunset Blvd Corridor Project: 61,770 61,770 P 12/31/2016
Contract for Environmental Consulting Services Contractor:(091850)WIDENER&ASSOCIATES
CAG-16-017 Wagner Architects&Planners-Consultant for Public Works Shops 27,895 27,895 P 12/31/2016
Bldg B Contractor:(068828)WAGNER ARCHITECTS
CAG-16-018 PND Engineers-Structural Assessment services for Cedar River Trail 16,500 16,500 P 12/31/2016
Park Boathouse&Pier Contractor:(061121)PND ENGINEERS
CAG-16-019 PND Engineers-Structural Assessment services for Ivar's Deck at 16,500 24,170 P 12/31/2016
Coulon Park Contractor:(061121)PND ENGINEERS
CAG-16-022 PACE Engineers-Kiwanis Park Boundary&Topographic Survey 22,575 22,575 P 12/31/2016
Contractor:(060869)PACE ENGINEERS INC
CAG-16-023 PACE Engineers-Liberty Park Topographic Survey 21,000 21,000 P 12/31/2016
Contractor:(060869)PACE ENGINEERS INC
CAG-16-025 Creative Fuel Studios,LLC.-Graphic design services-consultant 67,080 67,080 P 12/31/2016
agreement Contractor:(018968)CREATIVE FUEL STUDI05
CAG-16-029 Valley Medical Center-Interlocal Agreement for Occupational 73,365 73,365 P 12/31/2016
Health Services Contractor:(085508)OCCUPATIONAL HEALTH SVC
CAG-16-030 Public Health Seattle&King County-Funding for LHWMP projects 41,068 41,068 R 12/31/2016
41,068.39 rev)
CAG-16-037 Paul Brothers Inc-Meadow Crest Playground Ph 2-Nature Play 210,541 $215,096 P 12/31/2016
Area construction Contractor:(060576)PAUL BROTHERS INC
CAG-16-041 Pace Engineers-Survey for Tiffany Park 15,400 15,400 P 12/31/2016
Contractor:(060869)PACE ENGINEERS INC
CAG-16-046 BERK-Sunset Area Transformation Resource Council Engagement 18,591 18,591 P 12/31/2016
Contractor:(009274)BERK CONSULTING INC
CAG-16-048 King County-Traffic Signal at 156th Ave SE&SE 142nd PI. 14,075 14,075 R 12/31/2016
CAG-16-053 City of Renton-Hanging banners over Coal Creek Parkway 10,000 10,000 M 12/31/2016
CAG-16-054 Olympic Peninsula Fishing Innovations-Atlantic Salmon Fly 10,000 10,000 M 12/31/2016
International Expo-June 3-5,2016
CAG-16-056 Davey Resource Group-2016 Contract Certified Arborist Inspector 60,000 60,000 P 12/31/2016
Contractor:020110)THE DAVEY TREE EXPERT COMPANY
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 8 of 10
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AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Description Dept Orig Contr Amt Current Amt Class Expiration
CAG-16-058 Habitat for Humanity-replacement of siding at homes in Vantage 4,000 4,000 P 12/31/2016
Glen Contractor:(031918)HABITAT FOR HUMANITY
CAG-16-060 Seattle International Film Festival(SIFF)-SIFF-Renton Festival 20,000 20,000 P 12/31/2016
Contractor:(074687)SIFF
CAG-16-062 Services to signal cabinets at Logan Ave N&N 3rd St and Logan Ave 7,789 7,789 P 12/31/2016
N&N 4th St Contractor:(064290)PUGET SOUND ENERGY
CAG-16-065 CM Design Group-Topographic survey&geotechnical investigation 19,927 19,927 P 12/31/2016
for Duvall Ave NE Pavement Preservation Project Contractor:(016404)CM DESIGN GROUP LLC
CAG-16-067 Shannon&Wilson,Inc-Wetland/stream delineation services& 26,220 26,220 P 12/31/2016
Biological Assessment for Ron Regis Park Contractor:(074031)SHANNON&WILSON INC
CAG-16-071 Renton Chamber of Commerce-Visitor Center Operations 75,000 75,000 P 12/31/2016
Contractor:(066950)RENTON CHAMBER OF,COMMERCE
CAG-16-072 Renton Chamber of Commerce-2016 Oktoberfest event 10,000 10,000 P 12/31/2016
Promotion Contractor:(066950)RENTON CHAMBER OF,COMMERCE
CAG-16-073 Renton Chamber of Commerce-Return to Renton Car Show 5,000 5,000 P 12/31/2016
Contractor:(066950)RENTON CHAMBER OF,COMMERCE
CAG-16-074 University of Washington-Tacoma-Memorandum of 0 0 M 12/31/2016
Understanding for GPC Forum-Speaker
CAG-16-076 MOU-roles&responsibilities of SIFF for the May 2016 film festival 0 0 M 12/31/2016
CAG-16-083 King Conservation District 9-Agreement for Performance of 0 0 M 12/31/2016
Conversation Services-Youth Stormwater Education Program
CAG-16-088 KPG,Inc-Airport Control Tower Seismic Upgrade&First Floor 277,626 $277,626 P 12/31/2016
Remodel Project Contractor:(042772)KPG INC
CAG-16-089 Takouba Security,LIC.-Purchase and configuration of Emergency 24,966 24,966 P 12/31/2016
Mgmt Incident Tracker(EMIT) Contractor:(080029)TAKOUBA SECURITY LLC
CAG-16-090 KBA-Survey parcel at 350 East Perimeter Rod for upcoming Airport 131,350 $131,350 P 12/31/2016
lease Contractor:(040276)KBA INC
CAG-16-096 Renton Techinical College Foundation-Reading Apprenticeship 5,000 5,000 P 12/31/2016
Conference&STEM Training Events Contractor:(067864)RENTON TECHNICAL COLLEGE,FOUNDAT
CAG-16-107 The Boeing Company-Parking Lot 11 Light Relocation Agreement- 0 0 M 12/31/2016
additional time to complete the project
LAG-11-001 Clear Wireless,LLC,aka Clear Wire-Lease for the 200 Mill Building CS 0 0 R 12/31/2016
Wireless Communication Services($1,800 per month x 5 years)Contractor:(4278)CLEARWIRE(WA-SEA0866)
LAG-11-006 Kenmore Air Harbor,Inc.-Lease of 820 Building storage area PW 1,716 1,716 R 12/31/2016
1,715.70 annually) Contractor:(1542)KENMORE AIR HARBOR,INC
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 9 of 10
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AGENDA ITEM #8. c)
Contracts Expiring from 7/1/2016 thru 12/31/2016
Contract No Descripfion Dept Orig Contr Amt Current Amt Class Expirafion
LAG-13-002 Renton Ecumenical Association of Churches(REACH)-Lease of Jail CS 0 0 R 12/31/2016
space at City Hall for women's day shelter(3 years) Contractor:(4906)REACH CENTER OF HOPE
LAG-13-003 Renton Youth Advocacy-Tiffany Park Recreation Building Lease CS 21,600 21,600 R 12/31/2016
7,200/yr revenue x 3 years) Contractor:(4987)RENTON YOUTH ADVOCACY CENTER
Number of Contracts/Leases: 162 Expired Contract Amt: Payable $42,940,239 Receivable $5,471,626 Miscellaneous $20,000
Data as of: 6/30/2016 4:41:52PM Printed: 6/30/2016 Page 10 of 10
RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_expired.rpt
AGENDA ITEM #8. c)
AB - 1721
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Official City of Renton 2016 Population
RECOMMENDED ACTION: None; Information Only
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The State of Washington Office of Financial Management has issued the April 1, 2016 population
determinations for cities, town, and counties (see attached). The 2016 population for the City of Renton is
101,300, ranking 8th in the state by population size.
EXHIBITS:
A. 2016 State of Washington Population Results
STAFF RECOMMENDATION:
None; Informational only.
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Adams 18,728 18,950 19,050 19,200 19,400 19,410 19,510
Unincorporated 8,818 8,960 8,980 9,040 9,135 9,085 9,105
Incorporated 9,910 9,990 10,070 10,160 10,265 10,325 10,405
Hatton 101 100 105 110 110 110 110
Lind 564 560 565 570 565 560 550
Othello 7,364 7,420 7,495 7,565 7,695 7,780 7,875
Ritzville 1,673 1,705 1,695 1,700 1,680 1,670 1,660
Washtucna 208 205 210 215 215 205 210
Asotin 21,623 21,650 21,700 21,800 21,950 22,010 22,150
Unincorporated 13,143 13,195 13,240 13,325 13,460 13,515 13,620
Incorporated 8,480 8,455 8,460 8,475 8,490 8,495 8,530
Asotin 1,251 1,255 1,255 1,265 1,265 1,260 1,270
Clarkston 7,229 7,200 7,205 7,210 7,225 7,235 7,260
Benton 175,177 177,900 180,000 183,400 186,500 188,590 190,500
Unincorporated 32,639 33,020 33,300 33,710 34,020 34,130 34,365
Incorporated 142,538 144,880 146,700 149,690 152,480 154,460 156,135
Benton City 3,038 3,145 3,295 3,240 3,255 3,285 3,325
Kennewick 73,917 74,665 75,160 76,410 77,700 78,290 79,120
Prosser 5,714 5,780 5,785 5,810 5,815 5,845 5,940
Richland 48,058 49,090 49,890 51,150 52,090 53,080 53,410
West Richland 11,811 12,200 12,570 13,080 13,620 13,960 14,340
Chelan 72,453 72,700 73,200 73,600 74,300 75,030 75,910
Unincorporated 30,498 30,500 30,680 30,960 31,090 31,580 32,075
Incorporated 41,955 42,200 42,520 42,640 43,210 43,450 43,835
Cashmere 3,063 3,075 3,075 3,055 3,010 3,040 3,040
Chelan 3,890 $3,930 3,940 3,955 4,020 4,045 4,115
Entiat 1,112 1,135 1,135 1,140 1,140 1,155 1,180
Leavenworth 1,965 1,970 1,970 1,970 1,970 1,980 1,990
Wenatchee 31,925 32,090 32,400 32,520 33,070 33,230 33,510
Clallam 71,404 71,600 72,000 72,350 72,500 72,650 73,410
Unincorporated 42,228 42,395 42,560 42,830 42,935 43,030 43,485
Incorporated 29,176 29,205 29,440 29,520 29,565 29,620 29,925
Forks 3,532 3,500 3,545 3,545 3,565 3,565 3,580
Port Angeles 19,038 19,080 19,100 19,120 19,090 19,140 19,270
Sequim 6,606 6,625 6,795 6,855 6,910 6,915 7,075
Clark 425,363 428,000 431,250 435,500 442,800 451,820 461,010
Unincorporated 203,339 204,610 205,885 207,710 210,140 214,585 218,750
Incorporated 222,024 223,390 225,365 227,790 232,660 237,235 242,260
Battle Ground 17,571 17,780 17,920 18,130 18,680 19,250 19,640
Camas 19,355 19,620 20,020 20,320 20,880 21,210 21,810
La Center 2,800 2,835 2,985 3,015 3,050 3,100 3,140
Ridgefield 4,763 4,975 5,210 5,545 6,035 6,400 6,870
Vancouver 161,791 162,300 163,200 164,500 167,400 170,400 173,500
Washougal 14,095 14,210 14,340 14,580 14,910 15,170 15,560
Woodland part 83 85 85 85 85 85 85
Yacolt 1,566 1,585 1,605 1,615 1,620 1,620 1,655
Columbia 4,078 4,100 4,100 4,100 4,080 4,090 4,050
Unincorporated 1,423 1,435 1,435 1,425 1,405 1,410 1,375
Incorporated 2,655 2,665 2,665 2,675 2,675 2,680 2,675
Dayton 2,526 2,535 2,535 2,545 2,545 2,550 2,545
Starbuck 129 130 130 130 130 130 130
April 1, 2016 Population of
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
State of Washington
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Cowlitz 102,410 102,700 103,050 103,300 103,700 104,280 104,850
Unincorporated 44,085 44,225 44,180 44,345 44,515 44,765 45,080
Incorporated 58,325 58,475 58,870 58,955 59,185 59,515 59,770
Castle Rock 1,982 1,995 2,135 2,135 2,145 2,175 2,190
Kalama 2,344 2,365 2,390 2,400 2,430 2,500 2,540
Kelso 11,925 11,920 11,930 11,940 11,960 11,950 11,970
Longview 36,648 36,730 36,910 36,940 37,040 37,130 37,230
Woodland part 5,426 5,465 5,505 5,540 5,610 5,760 5,840
Douglas 38,431 38,650 38,900 39,280 39,700 39,990 40,720
Unincorporated 20,399 20,590 20,760 21,060 21,430 21,610 22,095
Incorporated 18,032 18,060 18,140 18,220 18,270 18,380 18,625
Bridgeport 2,409 2,405 2,415 2,425 2,445 2,455 2,480
Coulee Dam part 187 185 185 185 185 185 185
East Wenatchee 13,190 13,220 13,280 13,350 13,370 13,390 13,500
Mansfield 320 320 325 325 325 325 330
Rock Island 788 790 790 790 790 865 965
Waterville 1,138 1,140 1,145 1,145 1,155 1,160 1,165
Ferry 7,551 7,600 7,650 7,650 7,660 7,710 7,700
Unincorporated 6,478 6,520 6,565 6,555 6,560 6,620 6,610
Incorporated 1,073 1,080 1,085 1,095 1,100 1,090 1,090
Republic 1,073 1,080 1,085 1,095 1,100 1,090 1,090
Franklin 78,163 80,500 82,500 84,800 86,600 87,150 88,670
Unincorporated 13,491 13,665 13,820 13,160 12,820 12,825 12,065
Incorporated 64,672 66,835 68,680 71,640 73,780 74,325 76,605
Connell 4,209 5,150 5,320 5,350 5,330 5,405 5,365
Kahlotus 193 190 195 195 185 185 185
Mesa 489 495 495 495 495 495 495
Pasco 59,781 61,000 62,670 65,600 67,770 68,240 70,560
Garfield 2,266 2,250 2,250 2,250 2,240 2,260 2,200
Unincorporated 841 835 840 850 845 855 805
Incorporated 1,425 1,415 1,410 1,400 1,395 1,405 1,395
Pomeroy 1,425 1,415 1,410 1,400 1,395 1,405 1,395
Grant 89,120 90,100 91,000 91,800 92,900 93,930 94,610
Unincorporated 40,134 40,395 40,790 40,956 41,470 41,840 42,130
Incorporated 48,986 49,705 50,210 50,844 51,430 52,090 52,480
Coulee City 562 565 560 570 565 560 560
Coulee Dam part 0 0 0 0 0 0 0
Electric City 968 1,065 995 1,010 1,010 1,010 1,010
Ephrata 7,664 7,690 7,750 7,870 7,930 7,985 8,020
George 501 690 700 720 720 720 720
Grand Coulee 988 1,020 1,035 1,045 1,050 1,050 1,045
Hartline 151 150 150 155 155 160 155
Krupp 48 50 50 50 50 50 50
Mattawa 4,437 4,460 4,495 4,540 4,460 4,535 4,625
Moses Lake 20,366 20,640 20,950 21,250 21,600 22,080 22,250
Quincy 6,750 6,815 6,945 7,000 7,235 7,270 7,345
Royal City 2,140 2,150 2,160 2,190 2,210 2,235 2,240
Soap Lake 1,514 1,515 1,520 1,530 1,530 1,520 1,535
Warden 2,692 2,690 2,695 2,705 2,710 2,710 2,720
Wilson Creek 205 205 205 209 +205 205 205
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
April 1, 2016 Population of
State of Washington
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Grays Harbor 72,797 72,900 73,150 73,200 73,300 73,110 72,820
Unincorporated 28,438 28,555 28,610 28,615 28,635 28,475 28,110
Incorporated 44,359 44,345 44,540 44,585 44,665 44,635 44,710
Aberdeen 16,896 16,870 16,890 16,860 16,850 16,780 16,780
Cosmopolis 1,649 1,645 1,640 1,650 1,645 1,640 1,650
Elma 3,107 3,115 3,110 3,115 3,130 3,135 3,145
Hoquiam 8,726 8,650 8,655 8,620 8,625 8,575 8,580
McCleary 1,653 1,655 1,655 1,655 1,660 1,680 1,685
Montesano 3,976 4,010 4,050 4,070 4,075 4,095 4,105
Oakville 684 685 690 690 690 685 695
Ocean Shores 5,569 5,615 5,745 5,815 5,880 5,935 5,955
Westport 2,099 2,100 2,105 2,110 2,110 2,110 2,115
Island 78,506 78,800 79,350 79,700 80,000 80,600 82,910
Unincorporated 53,565 53,700 54,215 54,665 55,090 55,600 57,460
Incorporated 24,941 25,100 25,135 25,035 24,910 25,000 25,450
Coupeville 1,831 1,855 1,880 1,890 1,895 1,900 1,905
Langley 1,035 1,045 1,055 1,065 1,075 1,100 1,135
Oak Harbor 22,075 22,200 22,200 22,080 21,940 22,000 22,410
Jefferson 29,872 30,050 30,175 30,275 30,700 30,880 31,090
Unincorporated 20,759 20,870 20,990 21,050 21,345 21,500 21,605
Incorporated 9,113 9,180 9,185 9,225 9,355 9,380 9,485
Port Townsend 9,113 9,180 9,185 9,225 9,355 9,380 9,485
King 1,931,249 1,942,600 1,957,000 1,981,900 2,017,250 2,052,800 2,105,100
Unincorporated 325,000 285,265 255,720 253,100 252,050 253,280 245,920
Incorporated 1,606,249 1,657,335 1,701,280 1,728,800 1,765,200 1,799,520 1,859,180
Algona 3,014 3,055 3,070 3,075 3,090 3,105 3,175
Auburn part 62,761 63,050 63,390 64,320 65,350 65,950 67,340
Beaux Arts Village 299 300 300 290 295 300 300
Bellevue 122,363 123,400 124,600 132,100 134,400 135,000 139,400
Black Diamond 4,153 $4,160 4,170 4,170 4,180 4,200 4,305
Bothell part 17,090 17,150 17,280 17,440 24,610 25,410 26,590
Burien 33,313 47,660 47,730 48,030 48,240 48,810 50,000
Carnation 1,786 1,780 1,785 1,785 1,790 1,790 1,850
Clyde Hill 2,984 2,985 2,980 2,980 2,995 3,020 3,060
Covington 17,575 17,640 17,760 18,100 18,480 18,520 18,750
Des Moines 29,673 29,680 29,700 29,730 30,030 30,100 30,570
Duvall 6,695 6,715 6,900 7,120 7,325 7,345 7,425
Enumclaw part 10,669 10,920 11,030 11,100 11,110 11,140 11,410
Federal Way 89,306 89,370 89,460 89,720 90,150 90,760 93,670
Hunts Point 394 390 390 395 405 410 415
Issaquah 30,434 30,690 31,150 32,130 32,880 33,330 34,590
Kenmore 20,460 20,780 21,020 21,170 21,370 21,500 22,320
Kent 92,411 118,200 119,100 120,500 121,400 122,900 124,500
Kirkland 48,787 49,020 81,480 81,730 82,590 83,460 84,680
Lake Forest Park 12,598 12,610 12,640 12,680 12,750 12,810 12,940
Maple Valley 22,684 22,930 23,340 23,910 24,230 24,700 24,790
Medina 2,969 2,970 2,990 3,000 3,055 3,095 3,165
Mercer Island 22,699 22,710 22,690 22,720 23,310 23,480 23,660
Milton part 831 835 835 840 915 1,010 1,070
Newcastle 10,380 10,410 10,460 10,640 10,850 10,940 11,090
Normandy Park 6,335 6,345 6,350 6,350 6,375 6,420 6,540
North Bend 5,731 5,830 5,855 6,020 6,280 6,460 6,570
Pacific part 6,514 6,520 6,535 6,675 6,750 6,770 6,835
Redmond 54,144 55,150 55,360 55,840 57,700 59,180 60,560
April 1, 2016 Population of
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
State of Washington
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
King continued
Renton 90,927 92,590 93,910 95,540 97,130 98,470 101,300
Sammamish 45,780 46,940 47,420 48,060 49,260 49,980 61,250
SeaTac 26,909 27,110 27,210 27,310 27,620 27,650 27,810
Seattle 608,660 612,100 616,500 626,600 640,500 662,400 686,800
Shoreline 53,007 53,200 53,270 53,670 53,990 54,500 54,990
Skykomish 198 195 200 195 200 195 200
Snoqualmie 10,670 10,950 11,320 11,700 12,130 12,850 13,110
Tukwila 19,107 19,050 19,080 19,160 19,210 19,300 19,540
Woodinville 10,938 10,940 10,960 10,990 11,240 11,240 11,570
Yarrow Point 1,001 1,005 1,060 1,015 1,015 1,020 1,040
Kitsap 251,133 253,900 254,500 254,000 255,900 258,200 262,590
Unincorporated 170,022 171,395 170,620 170,505 171,435 171,940 174,310
Incorporated 81,111 82,505 83,880 83,495 84,465 86,260 88,280
Bainbridge Island 23,025 23,030 23,090 23,190 23,360 23,390 23,760
Bremerton 37,729 38,790 39,650 37,850 38,180 39,410 40,500
Port Orchard 11,157 $11,440 11,780 12,870 13,150 13,510 13,810
Poulsbo 9,200 9,245 9,360 9,585 9,775 9,950 10,210
Kittitas 40,915 41,300 41,500 41,900 42,100 42,670 43,710
Unincorporated 18,063 18,315 18,440 18,785 18,890 19,120 19,650
Incorporated 22,852 22,985 23,060 23,115 23,210 23,550 24,060
Cle Elum 1,872 1,875 1,865 1,870 1,870 1,865 1,870
Ellensburg 18,174 18,250 18,320 18,370 18,440 18,810 19,310
Kittitas 1,381 1,430 1,450 1,450 1,475 1,455 1,460
Roslyn 893 895 895 895 895 890 890
South Cle Elum 532 535 530 530 530 530 530
Klickitat 20,318 20,500 20,600 20,700 20,850 21,000 21,270
Unincorporated 13,975 14,120 14,190 14,290 14,385 14,420 14,660
Incorporated 6,343 6,380 6,410 6,410 6,465 6,580 6,610
Bingen 712 720 730 725 730 735 735
Goldendale 3,407 3,425 3,425 3,410 3,420 3,425 3,435
White Salmon 2,224 2,235 2,255 2,275 2,315 2,420 2,440
Lewis 75,455 76,000 76,300 76,200 76,300 76,660 76,890
Unincorporated 44,892 45,260 45,285 45,270 45,280 45,475 45,560
Incorporated 30,563 30,740 31,015 30,930 31,020 31,185 31,330
Centralia 16,336 16,440 16,670 16,600 16,640 16,790 16,820
Chehalis 7,259 7,310 7,345 7,355 7,370 7,365 7,460
Morton 1,126 1,125 1,125 1,120 1,120 1,125 1,120
Mossyrock 759 760 760 755 765 750 745
Napavine 1,766 1,780 1,790 1,795 1,815 1,835 1,870
Pe Ell 632 635 635 630 630 640 640
Toledo 725 725 725 720 725 725 720
Vader 621 625 625 620 620 615 615
Winlock 1,339 1,340 1,340 1,335 1,335 1,340 1,340
Lincoln 10,570 10,600 10,675 10,675 10,700 10,720 10,640
Unincorporated 5,081 5,110 5,185 5,230 5,305 5,305 5,240
Incorporated 5,489 5,490 5,490 5,445 5,395 5,415 5,400
Almira 284 285 285 285 280 280 275
Creston 236 235 235 235 230 230 225
Davenport 1,734 1,735 1,730 1,700 1,685 1,685 1,690
Harrington 424 420 420 420 415 420 415
Odessa 910 910 915 905 900 905 900
April 1, 2016 Population of
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
State of Washington
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Lincoln continued
Reardan 571 575 575 575 570 570 575
Sprague 446 445 445 445 440 445 440
Wilbur 884 885 885 880 875 880 880
Mason 60,699 61,100 61,450 61,800 62,000 62,200 62,320
Unincorporated 50,865 51,245 51,580 51,825 52,005 52,130 52,250
Incorporated 9,834 9,855 9,870 9,975 9,995 10,070 10,070
Shelton 9,834 9,855 9,870 9,975 9,995 10,070 10,070
Okanogan 41,120 41,200 41,425 41,500 41,700 41,860 41,730
Unincorporated 24,780 24,805 25,085 25,110 25,120 25,320 25,090
Incorporated 16,340 16,395 16,340 16,390 16,580 16,540 16,640
Brewster 2,370 2,365 2,355 2,370 2,380 2,395 2,395
Conconully 210 220 215 220 230 230 230
Coulee Dam part 911 910 915 915 915 910 915
Elmer City 238 240 235 235 240 285 *290
Nespelem 236 235 235 235 235 245 245
Okanogan 2,552 2,585 2,535 2,560 2,595 2,580 2,595
Omak 4,845 4,845 4,835 4,830 4,840 4,900 4,925
Oroville 1,686 1,690 1,715 1,715 1,700 1,695 1,710
Pateros 667 665 665 665 665 525 560
Riverside 280 280 280 280 290 285 285
Tonasket 1,032 1,025 1,020 1,020 1,110 1,110 1,110
Twisp 919 925 930 940 945 945 950
Winthrop 394 410 405 405 435 435 430
Pacific 20,920 20,900 20,970 21,000 21,100 21,210 21,180
Unincorporated 14,073 14,070 14,115 14,125 14,225 14,320 14,285
Incorporated 6,847 6,830 6,855 6,875 6,875 6,890 6,895
Ilwaco 936 935 940 940 945 945 945
Long Beach 1,392 1,390 1,400 1,410 1,410 1,420 1,430
Raymond 2,882 2,870 2,890 2,895 2,890 2,905 2,900
South Bend 1,637 1,635 1,625 1,630 1,630 1,620 1,620
Pend Oreille 13,001 13,000 13,100 13,150 13,210 13,240 13,290
Unincorporated 9,810 9,790 9,890 9,945 9,985 10,030 10,085
Incorporated 3,191 3,210 3,210 3,205 3,225 3,210 3,205
Cusick 207 210 210 205 205 200 200
Ione 447 445 445 445 445 440 440
Metaline 173 175 175 175 185 175 180
Metaline Falls 238 240 240 240 240 235 235
Newport 2,126 2,140 2,140 2,140 2,150 2,160 2,150
Pierce 795,225 802,150 808,200 814,500 821,300 830,120 844,490
Unincorporated 366,738 372,110 375,955 378,495 381,970 386,050 392,260
Incorporated 428,487 430,040 432,245 436,005 439,330 444,070 452,230
Auburn part 7,419 7,655 7,850 8,915 9,280 9,595 9,720
Bonney Lake 17,374 17,500 17,730 18,010 18,520 19,490 20,000
Buckley 4,354 4,345 4,365 4,370 4,430 4,440 4,550
Carbonado 610 610 610 610 610 615 635
DuPont 8,199 8,430 8,640 8,855 9,175 9,250 9,330
Eatonville 2,758 2,775 2,785 2,815 2,840 2,880 2,925
Edgewood 9,387 9,405 9,425 9,460 9,525 9,615 9,735
Enumclaw part 0 0 0 0 0 0 0
Fife 9,173 9,220 9,235 9,290 9,405 9,545 9,910
Fircrest 6,497 6,500 6,525 6,540 6,555 6,575 6,625
April 1, 2016 Population of
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
State of Washington
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Pierce continued
Gig Harbor 7,126 7,200 7,340 7,670 7,985 8,555 9,065
Lakewood 58,163 58,190 58,260 58,310 58,360 58,400 58,800
Milton part 6,137 6,140 6,150 6,345 6,350 6,375 6,625
Orting 6,746 6,770 6,790 6,930 7,065 7,290 7,535
Pacific part 92 85 85 85 80 70 55
Puyallup 37,022 37,240 37,620 37,980 38,670 38,950 39,850
Roy 793 795 805 805 805 805 805
Ruston 749 750 755 795 830 905 935
South Prairie 434 435 435 435 435 435 435
Steilacoom 5,985 6,000 6,015 6,040 6,060 6,115 6,170
Sumner 9,451 9,450 9,470 9,520 9,545 9,660 9,705
Tacoma 198,397 198,900 199,600 200,400 200,900 202,300 206,100
University Place 31,144 31,170 31,270 31,340 31,420 31,720 32,230
Wilkeson 477 475 485 485 485 485 490
San Juan 15,769 15,900 15,925 16,000 16,100 16,180 16,320
Unincorporated 13,607 13,720 13,785 13,815 13,910 13,965 14,070
Incorporated 2,162 2,180 2,140 2,185 2,190 2,215 2,250
Friday Harbor 2,162 2,180 2,140 2,185 2,190 2,215 2,250
Skagit 116,901 117,400 117,950 118,600 119,500 120,620 122,270
Unincorporated 48,112 48,255 48,345 48,411 48,720 49,220 49,860
Incorporated 68,789 69,145 69,605 70,189 70,780 71,400 72,410
Anacortes 15,778 15,860 15,960 16,080 16,190 16,310 16,580
Burlington 8,388 8,420 8,435 8,445 8,445 8,485 8,675
Concrete 710 *710 715 710 720 730 *735
Hamilton 301 300 300 304 +305 305 305
La Conner 891 885 895 890 895 895 905
Lyman 438 440 440 440 445 445 450
Mount Vernon 31,743 31,940 32,250 32,710 33,170 33,530 33,730
Sedro-Woolley 10,540 10,590 10,610 10,610 10,610 10,700 11,030
Skamania 11,066 11,150 11,275 11,300 11,370 11,430 11,500
Unincorporated 8,645 8,685 8,755 8,780 8,855 8,895 8,955
Incorporated 2,421 2,465 2,520 2,520 2,515 2,535 2,545
North Bonneville 956 965 1,000 1,005 1,005 1,005 1,005
Stevenson 1,465 1,500 1,520 1,515 1,510 1,530 1,540
Snohomish 713,335 717,000 722,900 730,500 741,000 757,600 772,860
Unincorporated 302,292 304,435 308,445 312,500 320,335 330,260 338,995
Incorporated 411,043 412,565 414,455 418,000 420,665 427,340 433,865
Arlington 17,926 17,930 17,970 18,270 18,360 18,490 18,620
Bothell part 16,415 16,570 16,720 17,020 17,020 17,230 17,390
Brier 6,087 6,100 6,155 6,315 6,345 6,500 6,555
Darrington 1,347 1,345 1,345 1,350 1,350 1,350 1,350
Edmonds 39,709 39,800 39,800 39,950 39,950 40,490 40,900
Everett 103,019 103,100 103,300 104,200 104,900 105,800 108,300
Gold Bar 2,075 2,060 2,060 2,080 2,085 2,115 2,125
Granite Falls 3,364 3,370 3,380 3,385 3,390 3,390 3,395
Index 178 180 180 180 180 160 165
Lake Stevens 28,069 28,210 28,510 28,960 29,170 29,900 30,900
Lynnwood 35,836 35,860 35,900 35,960 36,030 36,420 36,590
Marysville 60,020 60,660 61,360 62,100 62,600 64,140 64,940
Mill Creek 18,244 18,370 18,450 18,600 18,780 19,760 19,900
Monroe 17,304 17,330 17,390 17,510 17,660 17,620 18,120
Mountlake Terrace 19,909 19,990 20,090 20,160 20,530 21,090 21,090
Used for Allocation of Selected State Revenues
State of Washington
April 1, 2016 Population of
Cities, Towns and Counties
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Snohomish continued
Mukilteo 20,254 20,310 20,360 20,440 20,540 20,900 21,070
Snohomish 9,098 9,200 9,215 9,220 9,270 9,385 9,625
Stanwood 6,231 6,220 6,300 6,340 6,530 6,585 6,635
Sultan 4,651 4,655 4,660 4,660 4,665 4,680 4,860
Woodway 1,307 1,305 1,310 1,300 1,310 1,335 1,335
Spokane 471,221 472,650 475,600 480,000 484,500 488,310 492,530
Unincorporated 136,097 136,713 136,487 137,813 139,904 140,717 142,062
Incorporated 335,124 335,937 339,113 342,187 344,596 347,593 350,468
Airway Heights 6,114 6,220 7,780 7,935 7,970 8,385 8,425
Cheney 10,590 10,790 10,820 11,070 11,310 11,440 11,650
Deer Park 3,652 3,675 3,715 3,800 3,870 3,950 4,005
Fairfield 612 595 600 615 615 615 620
Latah 193 *195 195 195 195 195 195
Liberty Lake 7,591 7,705 7,900 8,190 8,675 8,975 9,325
Medical Lake 5,060 4,910 4,920 4,945 4,965 4,945 4,945
Millwood 1,786 1,785 1,785 1,790 1,785 1,790 1,790
Rockford 470 470 470 470 470 470 470
Spangle 278 280 280 280 280 280 275
Spokane 208,916 209,100 210,000 211,300 212,300 213,100 214,500
Spokane Valley 89,755 90,110 90,550 91,490 92,050 93,340 94,160
Waverly 107 *102 *98 *107 *111 *108 *108 *
Stevens 43,531 43,600 43,700 43,800 43,900 44,030 44,100
Unincorporated 33,893 33,946 34,035 34,160 34,230 34,300 34,342
Incorporated 9,638 9,654 9,665 9,640 9,670 9,730 9,758
Chewelah 2,607 2,610 2,620 2,615 2,615 2,650 2,650
Colville 4,673 4,690 4,695 4,685 4,690 4,705 4,730
Kettle Falls 1,595 1,605 1,600 1,595 1,610 1,615 1,615
Marcus 183 *174 *175 175 180 175 175
Northport 295 295 295 290 290 295 295
Springdale 285 280 280 280 285 290 293 *
Thurston 252,264 254,100 256,800 260,100 264,000 267,410 272,690
Unincorporated 135,123 135,830 136,610 137,395 138,160 138,930 137,800
Incorporated 117,141 118,270 120,190 122,705 125,840 128,480 134,890
Bucoda 562 560 560 560 560 565 570
Lacey 42,393 42,830 43,600 44,350 45,320 46,020 47,540
Olympia 46,478 46,780 47,500 48,480 49,670 51,020 51,600
Rainier 1,794 1,825 1,825 1,840 1,850 1,880 1,885
Tenino 1,695 1,700 1,705 1,705 1,725 1,730 1,775
Tumwater 17,371 17,570 17,900 18,300 18,800 19,100 23,040
Yelm 6,848 7,005 7,100 7,470 7,915 8,165 8,480
Wahkiakum 3,978 4,000 4,025 4,020 4,010 3,980 4,000
Unincorporated 3,446 3,470 3,500 3,520 3,510 3,490 3,510
Incorporated 532 530 525 500 500 490 490
Cathlamet 532 530 525 500 500 490 490
Walla Walla 58,781 58,800 59,100 59,500 60,150 60,650 60,730
Unincorporated 16,750 16,815 16,975 17,150 17,295 16,590 16,590
Incorporated 42,031 41,985 42,125 42,350 42,855 44,060 44,140
College Place 8,765 8,780 8,845 8,875 9,050 9,110 9,245
Prescott 318 320 325 325 325 325 325
Waitsburg 1,217 1,215 1,215 1,220 1,220 1,235 1,230
Walla Walla 31,731 31,670 31,740 31,930 32,260 33,390 33,340
April 1, 2016 Population of
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
State of Washington
AGENDA ITEM #8. d)
County Census Estimate Estimate Estimate Estimate Estimate Estimate
Municipality 2010 2011 2012 2013 2014 2015 2016
Whatcom 201,140 202,100 203,500 205,800 207,600 209,790 212,540
Unincorporated 87,065 87,535 87,921 88,276 88,822 89,788 90,538
Incorporated 114,075 114,565 115,579 117,524 118,778 120,002 122,002
Bellingham 80,885 81,070 81,360 82,310 82,810 83,580 84,850
Blaine 4,684 4,705 4,760 4,785 4,865 4,905 4,930
Everson 2,483 $2,495 2,520 2,550 2,570 2,580 2,600
Ferndale 11,415 11,530 11,830 12,290 12,710 12,920 13,250
Lynden 11,951 12,060 12,340 12,730 12,920 13,090 13,380
Nooksack 1,338 1,350 1,370 1,410 1,435 1,460 1,475
Sumas 1,319 *1,355 *1,399 *1,449 *1,468 *1,467 *1,517 *
Whitman 44,776 44,800 45,950 46,000 46,500 47,250 47,940
Unincorporated 5,961 5,974 5,974 6,035 6,065 6,084 6,240
Incorporated 38,815 38,826 39,976 39,965 40,435 41,166 41,700
Albion 579 555 545 550 555 555 545
Colfax 2,805 2,805 2,790 2,780 2,765 2,790 2,795
Colton 418 425 415 420 420 420 425
Endicott 289 293 #295 295 300 +296 +295
Farmington 146 145 145 145 150 150 155
Garfield 597 600 595 595 595 595 595
LaCrosse 313 315 315 315 320 320 315
Lamont 81 *80 80 80 80 80 80
Malden 203 205 205 205 205 200 200
Oakesdale 422 425 425 425 425 430 425
Palouse 998 1,005 1,020 1,020 1,030 1,030 1,040
Pullman 29,799 29,820 31,000 30,990 31,420 32,110 32,650
Rosalia 550 555 555 555 555 560 560
St. John 543 *523 *501 *500 505 510 505
Tekoa 778 775 785 770 775 785 780
Uniontown 294 300 305 320 335 335 335
Yakima 243,231 244,700 246,000 247,250 248,800 249,970 250,900
Unincorporated 83,755 84,300 84,800 84,910 85,410 85,985 85,895
Incorporated 159,476 160,400 161,200 162,340 163,390 163,985 165,005
Grandview 10,862 10,920 11,000 11,010 11,170 11,200 11,160
Granger 3,246 3,270 3,285 3,315 3,495 3,640 3,880
Harrah 630 *630 650 645 645 650 650
Mabton 2,286 2,290 2,290 2,305 2,310 2,310 2,315
Moxee 3,308 3,415 3,505 3,655 3,720 3,810 3,955
Naches 795 805 805 805 815 830 845
Selah 7,147 7,205 7,290 7,340 7,395 7,495 7,530
Sunnyside 15,858 16,010 16,130 16,200 16,230 16,280 16,540
Tieton 1,191 1,195 1,195 1,235 1,255 1,255 1,285
Toppenish 8,949 8,950 8,950 8,950 8,955 8,965 9,050
Union Gap 6,047 6,055 6,105 6,110 6,140 6,150 6,200
Wapato 4,997 5,025 5,030 5,035 5,040 5,040 5,040
Yakima 91,196 $91,630 91,930 92,620 93,080 93,220 93,410
Zillah 2,964 3,000 3,035 3,115 3,140 3,140 3,145
Washington 6,724,540 6,767,900 6,817,770 6,882,400 6,968,170 7,061,410 7,183,700
Unincorporated 2,478,323 2,454,633 2,438,547 2,449,701 2,470,761 2,497,039 2,516,902
Incorporated 4,246,217 4,313,267 4,379,223 4,432,699 4,497,409 4,564,371 4,666,798
April 1, 2016 Population of
Cities, Towns and Counties
Used for Allocation of Selected State Revenues
State of Washington
AGENDA ITEM #8. d)
+ - Informal count. A population count that is considered accurate but does not meet all special census certification requirements.
* - State certified special census.
With the exception of corrections to the federal census counts, annual estimates in this official series are not revised on the basis
of other information that becomes available after the estimate date.
in Population Trends for more information: http://www.ofm.wa.gov/pop/april1/poptrends.pdf.
The 2010 county and municipal populations shown are, with a few exceptions, the federal census P.L. 94-171 counts. See Table 5
to April 1, 2010.
$ - Census 2010 population and housing adjusted for annexations effective and approved by OFM from January 2, 2010
# - Informal census. A population and housing count that is considered accurate but does not meet all special census certification
requirements.
AGENDA ITEM #8. d)
AB - 1722
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Contract Award for Bid Opening on 7/5/2016; CAG -16-105;
Maplewood Creek and Madsen Creek Sediment Basin Cleaning
Project 2016
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
The lowest responsive bid comes in under budget at $76,000. The estimated project cost was $82,672.50. The
total combined project budget is approximately $168,000. The project is funded from the approved 2016
Capital Improvements Program budgets for the Maplewood Creek Sediment Basin Cleaning and the Madsen
Creek Sediment Basin Cleaning.
SUMMARY OF ACTION:
Engineers Estimate: $82,672.50
In accordance with Council procedure, bids submitted met the following three criteria:
There was more than one bid.
The low bid was within the project budget.
There were no irregularities with the low bid.
Staff recommends acceptance of the lowest responsive bid by Sierra Pacific Construction, LLC., in the amount of $76,000
for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2016.
EXHIBITS:
A. Staff Recommendation
B. Bid Tabs
STAFF RECOMMENDATION:
Accept the lowest responsive bid by Sierra Pacific Construction, LLC., in the amount of $76,000 for the Maplewood Creek
and Madsen Creek Sediment Basin Cleaning Project 2016.
AGENDA ITEM #8. e)
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Project: Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2016
CAG‐16‐105
Date: 7/5/2016
CITY OF RENTON
BID TABULATION SHEET
1 of 1
Bid Total from
Proposal L&I Bid Schedule of Schedule of Prices
& Aff Cert Bond Prices *Includes Sales Tax
Barcott Construction
212‐34 Middlefork Rd.
1 Chehalis
WA x x x x $110,757.06
98532
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Iron Creek Construction, LLC.
22525 SE 64th Pl, Suite 2228
2 Issaquah
WA x x x x $146,182.50
98027
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Sierra Pacific Construction, LLC
P.O. Box 620
3 Maple Valley
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98038
Brian
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4
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FORMS
Engineer's Estimate $82,672.50
AGENDA ITEM #8. e)
AB - 1713
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: 2nd Addendum to Carco Lease Agreement with PSA
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Iwen Wang, Administrative Services Administrator
EXT.: 6858
FISCAL IMPACT SUMMARY:
$2500/mo ($30,000 annually) in waived rent, and reimburse Puget Sound Access (PSA) $29,829.31 for the
balance of tenant improvment costs to be paid from the PEG fee revenue in the Cable TV Fund (Fund 125).
SUMMARY OF ACTION:
The City entered into a lease agreement with PSA effective January 1, 2013 which was subsequently amended
by Addendum “A” for the use and management of Carco Theatre. The current lease term calls for $2500 base
rent and revenue sharing when gross revenues reach certain levels, and is set to expire 12/31/2025.
The Lease Agreement is a non-traditional lease in the sense that while PSA is using part of the facility (2,24 8
s.f. of the 11,000 s.f. total) for public access broadcasting purposes, it also is responsible for managing and
operating all of Carco Theatre. This includes theatre booking, maintenance, operations, and seeking
grants/contributions to improve the facility. In addition, PSA is to allow certain free access of the facility for
City events, and provide discounted rents to other local non-profit/performance groups for their use as well.
Before the PSA lease arrangement, the city spent over $90,000 annually to operate and maintain/repair the
facility. Through the lease, PSA assumed nearly all of the responsibility for costs related to managing and
operating the theatere and it has allowed more programming and public use of the theatre. The Renton
community has benefited from increased bookings and events at the Theatre, and from physical
improvements to the facility. While PSA continues to improve Carco’s programming, the financial obligation in
managing and operating the theater has added strain to PSA’s financial resources. The Administration believes
the continued operation of Carco Theatre through the Lease agreement is the most cost effective way to
preserve and improve this community asset, and therefore, recommends waiving the $2,500 per month base
rent for a period of three years (January 1, 2016 through December 31, 2018), and reimbursing PSA for tenant
improvement costs incurred for the public broadcasting space, to allow PSA to continue its dual roles as
Lessee and manager/operator of the Carco Theatre.
EXHIBITS:
A. Issue Paper
B. Proposed Addendum "B" to Carco Theatre Lease
STAFF RECOMMENDATION:
Approve and authorize the Mayor and the City Clerk to sign the proposed addendum.
AGENDA ITEM #8. f)
ADMINISTRATIVE SERVICES DEPARTMENT
M E M O R A N D U M
DATE:June 20, 2016
TO:Randy Corman, Council President
Members of the Renton City Council
FROM:Iwen Wang, Administrator
CC:Denis Law, Mayor
SUBJECT:2nd Addendum to Carco Lease Agreement with PSA
ISSUE
Should the city amend its lease agreement to recognize the service provided by the Puget Sound Access
(PSA) as compensation in-lieu of rent effective January 1, 2016 through December 31, 2018, and
reimburse PAS for the tenant improvement made by the PSA, net of any rent credit taken in 2015, in the
amount of $29,829.31?
RECOMMENDATION
Approve and authorize Mayor and City Clerk to sign the proposed addendum.
OVERVIEW
The City entered into a lease agreement with PSA effective January 1, 2013 which was subsequently
amended by Addendum “A” for the use and management of Carco Theatre. The current lease term calls
for $2500 base rent and revenue sharing when the gross revenues reached certain levels and is set to
expire 12/31/2025.
The Lease Agreement is a non-traditional lease in the sense that while PSA is using part of the facility
(2,248 s.f. of the 11,000 s.f. total) for public access broadcasting purpose, it also is responsible for
managing and operating all of Carco Theatre. This includes theatre booking, maintenance, operations,
and seeking grants/contributions to improve the facility. In addition, PSA is to allow certain free access
of the facility for City events, and provide discounted rents to other local non-profit/performance
groups for their use as well.
Before the PSA lease arrangement, the city spent over $90,000 annually to operate and maintain/repair
the facility. Through the lease, PSA assumed nearly all of the responsibility for costs related to managing
and operating the theatre and it has allowed more programming and public use of the theatre. The
Renton community has benefitted from increased bookings and events at the Theatre, and from physical
improvements to the facility. While PSA continues to improve Carco’s programming, the financial
obligation in managing and operating the theatre has added strain to PSA’s financial resources. The
Administration believes the continued operation of Carco Theatre through the Lease agreement is the
most cost effective way to preserve and improve this community asset, and therefore, recommends
waiving the $2,500 per month rent and reimbursing PSA for TI costs incurred for the public broadcasting
space, to allow PSA to continue its dual roles as Lessee and manager/operator of the Carco Theatre.
CONCLUSION
Based on the community benefit in maintaining access to the Carco Theatre, Administration
recommends Council approval to amend the Lease agreement with Puget Sound Access (PSA), to waive
the base rent effective January 1, 2016, and to reimburse PAS for the tenant improvement made by the
PSA, net of any rent credit taken in 2015, in the amount of $29,829.31
Attachments: Draft Addendum “B” to Carco Theatre Lease.
AGENDA ITEM #8. f)
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 3
June 20, 2016
AGENDA ITEM #8. f)
ADDENDUM “B” TO CARCO THEATRE LEASE
WHEREAS the Lease premises was constructed in 1971 and consists of a 300-seat, 6,441 sf
theatre-auditorium; 2,406 lobby area; and 2,248 square feet of basement office;
WHEREAS the age and condition of the Lease premises requires increased repairs, maintenance
and improvements; and
WHEREAS the PSA office and studio are housed in the basement area; and
WHEREAS the City owns the premises and it is in the best interest of the city to keep the
premises in good repairs and to allow full access of the premises by the community and other
groups for performances, meetings, exhibits, training, etc.; and
WHEREAS PSA, under this Lease, is willing to perform repairs and maintenances of the whole
premises and will be responsible for seeking grants and donations to improve the lobby and the
theatre; and
WHEREAS improvements to the premises will benefit the City and the community in general;
now therefore
The City and the PSA wish to further amend the Lease by adding the following terms to the
sections referenced herein:
1.9.1 Base Rent: The Monthly Base Rent Amount shall be zero ($0.00) effective January 1,
2016 through December 31, 2018.
1.9.4.2 PSA Improvements: The City agrees to reimburse PSA the value of the improvement in
the amount of $36,079.31, net of any credit taken as rent reduction taken prior to January 1,
2016, upon the execution of this addendum.
LESSOR: City of Renton
By: ____________________________
Denis Law, Mayor
LESSEE: Puget Sound Access
By: _________________________
Jeffery D. McCord, Executive Director
Date: __________, 2016 Date: ___________, 2016
Attest:
By: ___________________________
Jason A. Seth, Clerk
Approved as to form:
By: ____________________________
Lawrence J. Warren, City Attorney
AGENDA ITEM #8. f)
AB - 1704
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Low Impact Development (LID) Code Review and Amendments
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Angie Mathias, Long Range Planning Manager
EXT.: 6576
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The Clean Water Act seeks to address water pollution and provides the structure for regulating pollutant
discharges into water. Stormwater is the leading cause of water quality impairment and is regulated by the
State Department of Ecology through a permitting system that implements the Clean Water Act. The City of
Renton is a Western Washington National Pollutant Discharge Elimina tion System (NPDES) Phase II Municipal
Stormwater permittee. This permit requires that Low Impact Development (LID) principles and practices be
used as the primary means of site development, where it is feasible. Examples of LID principles are minimizing
impervious surfaces, native vegetation loss, and stormwater runoff. LID practices include permeable
pavement, rain gardens, and downspout dispersion. In order to be in compliance with the requirements, the
City is required to review codes, rules, and standards to incorporate and require LID principle and practices.
The City has engaged a consultant, BERK, and sub-consultant, Herrera, to complete the review and make
recommendations for potential code amendments. City staff would like to begin working with the Planning
Commission to review potential code revisions. Following their review, the Commission will make a
recommendation to Council for their consideration.
EXHIBITS:
A. Low Impact Development (LID) Fact Sheet
B. New LID Requirements Fact Sheet
STAFF RECOMMENDATION:
Refer to Planning Commission and Planning & Development Committee for review and recommendation.
AGENDA ITEM #8. g)
CAT CHING RAIN:
Low Impact Development — Protecting Our Waters
Low Impact Development (LID) is one way we can help keep our waterways, as well as
the surrounding land, healthy and safe. This is a beautiful place to live, so it is no wonder
that an additional 1.9 million people are expected to move here by 2040. As we grow, we
replace forests and prairies with rooftops and pavement, thereby increasing stormwater
runoff and the associated pathogens and chemicals it carries to our waterways. The health
of humans and our ecosystems is threatened.
Look for the other helpful
fact sheets in this series:
1. Low Impact Development
2. LID Stormwater Regulations
3. LID Development Process
4. Pavement Maintenance
5. Rain Garden Maintenance
6. Rain Garden Construction
Checklist
7. Rain Garden Construction
Sequencing
1
What’s the problem with stormwater?
Stormwater is created by precipitation (rain or snowmelt) that doesn’t soak into the
earth but instead creates puddles and runs o. is stormwater can pick up pollution
and carry it directly into storm drains, streams, rivers, lakes, inlets, and bays.
Some consequences of stormwater pollution and increased surface runoff include:
• Pollutants such as motor oil, yard chemicals, and pet wastes contaminate local
waterways, threatening human health and wildlife health.
• Numerous beaches are too polluted to harvest shellfish.
• Several fish species face the threat of extinction.
• Groundwater is not replenished, decreasing drinking water supplies and drying
out streambeds.
• Winter rain quickly runs off paved surfaces and into streams, leading to the
scouring of stream channels.
What is Low Impact Development and how can it help?
LID seeks to manage stormwater onsite—either by encouraging it to soak into
the ground or using plants to transpire it back to the atmosphere. LID helps keep
pollution out of our waterways. It focuses on recreating or protecting existing
natural landscape features to minimize the amount of impervious (hard) surfaces.
Stormwater is then treated with soils that have been amended with compost,
vegetation, and other techniques.
LID strategies can be used in virtually every situation—residential homes or
commercial businesses, in rural or urban settings. Some benefits include:
• Creates more beautiful and easily managed landscapes.
• Encourages water to soak into the ground, replenishing drinking water supplies.
• Reduces contamination of local waterways, including recreational and shellfish
growing areas.
• Preserves or restores trees and other vegetation, attracting birds, butterflies and
other wildlife.
• Can reduce development costs (decreased infrastructure and land clearing costs)
as well as stormwater management costs.
Vegetation Preservation and Restoration
During site development, clearing and grading should be minimized as much as
possible. is will protect native soils and vegetation while also preventing compacted
soils that do not allow water to soak in as readily. Mature trees are not easy to replace
and their contribution to managing stormwater run o and preventing erosion is
invaluable. When clearing land, small native plants can be removed and saved for
replanting once development is complete.
Reducing lawn sizes and replacing that space with native or water-wise plants
reduces maintenance and watering needs and may reduce the need for fertilizers
and pesticides.
Green roof, Portland, OR. Photo: Erica Guttman
✔
AGENDA ITEM #8. g)
Amending Soils
Healthy soil grows healthier plants, allows stormwater to soak in, stores water for plants
in the summer, and reduces the need for chemicals such as pesticides and fertilizers.
Where soil must be disturbed, breaking up compaction, replacing topsoil or tilling in
compost is very beneficial.
Rain Gardens
Rain gardens are a landscape amenity that also serves to treat polluted runoff and
manage drainage by using natural processes: plants and soils work together to filter and
absorb water from streets, rooftops, driveways and other hard surfaces.
is landscaping technique is beautiful and inviting to birds and butteries. Using
native plants and amended soils can reduce maintenance needs. Rain gardens can be
constructed in many dierent shapes and can be landscaped with a variety of plants.
Photos: Erica Guttman, Nora Moloney
Compost in landscapes filters and slows
rainwater and results in healthier soils and
plants. Photo: Erica Guttman
Managing Water on Roofs
Green Roofs:
Green roofs are a great way to absorb and slow down roof runoff. They improve
aesthetics to the residence or business as well as reduce noise and lower heating and
cooling costs. Unlike conventional roofs, green roofs have less UV degradation, so they
last much longer—it is recommended that after 50 years the waterproof membrane be
replaced, but all other components can be reused on the same roof!
Directing Downspouts:
If green roofs are not an option, water can be directed from downspouts to areas such
as a rain garden or planted area (versus pavement), where it can soak into the ground.
Rainwater Harvesting:
Rainwater harvesting combines two important LID goals: reduce flows from rooftops,
and conserve water that comes from drinking-water supplies. Rainwater can be
collected in rain barrels or cisterns where it can be stored. e collected water can then
be used for a variety of things such as watering and cleaning jobs around the outside
of homes.
A rain garden is an attractive way to manage
polluted runoff on site. Photo: Erica Guttman
AGENDA ITEM #8. g)
Ribbon driveway, steppable plants with stones, permeable concrete & permeable pavement.
Photos: Curtis Hinman, Erica Guttman, Interlocking Concrete Pavement Institute
Options to Reduce Hard Surfaces
Driveways and walkways often account for a large amount of impervious area surrounding
homes. Several LID solutions allow stormwater runo to soak into the earth, preventing
pollution from entering waterways and decreasing possible ooding risks.
Driveways and Parking Lots:
Many beautiful and functional materials and strategies allow rainwater to soak into
driveways and parking lots. Reducing the length and width of driveway and parking
areas is a perfect way to start reducing impermeable surfaces. Some style and material
alternatives include the ribbon driveway, broken-concrete mosaic, permeable pavers,
grid aggregate containment systems, pervious concrete and porous asphalt.
Walkways, Patios, and Decks:
Traditional concrete or mortared patios and walkways can be replaced with a variety
of LID options. Raised decks made from recycled plastics are an excellent alternative.
Walkways and patios can be constructed using stones or broken concrete with plantings
in the gaps between stones to absorb water. Pervious systems, including stone pavers
and interlocking plastic grids are great options as well.
Foundations
When planning new construction or an addition to a home or business, a key strategy
is to disturb soils as little as possible. Two LID techniques include:
Small Footprint:
A building’s footprint can be reduced by decreasing the amount of space taken up all
together or by creating two stories instead of a large one-story.
Minimal-excavation Foundation:
A minimal-excavation foundation dramatically limits soil disturbance over traditional
grading and foundation installation.
Photo: PIN Foundations
AGENDA ITEM #8. g)
Residential Area with LID Features
LID practices may be incorporated
around homes and businesses in countless
ways. Just a few methods can be used or an
entire lot can be designed and developed
using LID techniques for everything
from building design to landscape design.
ese techniques create beautiful homes
and yards, keeping the sites safer from
ooding risks. Utilizing LID methods
helps to absorb polluted water into
the earth, which protects water bodies,
wildlife, and human health.
Developed by Washington State University Extension with funding from the Washington State Department of Ecology.
Authors: Erica Guttman, Nora Moloney and Bob Simmons. Source: Low Impact Development Technical Guidance Manual for Puget Sound, 2012.
WSU programs and employment are available to all without discrimination. Evidence of noncompliance may be reported through your local Extension office.
Resources:
Washington Stormwater Center: http://www.wastormwatercenter.org/
Washington Department of Ecology: http://www.ecy.wa.gov/programs/wq/stormwater/
Puget Sound Partnership: http://www.psp.wa.gov/stormwater.php
Municipal Research and Services Center of Washington: Local Stormwater Programs and Regulations
http://www.mrsc.org/subjects/environment/water/sw-local.aspx
EPA Low Impact Development: http://water.epa.gov/polwaste/green/
WSU Rain Garden Website: http://raingarden.wsu.edu
Online Publications and Videos:
2012 Stormwater Management Manual for Western Washington
http://www.ecy.wa.gov/programs/wq/stormwater/manual.html
Low Impact Development Technical Guidance Manual for Puget Sound
http://www.psp.wa.gov/LID_manual.php
Building a Raingarden: Keeping our Pacific Northwest Waters Clean Video: http://vimeo.com/21474307
Raingarden Handbook for Western Washington Homeowners
http://county.wsu.edu/mason/nrs/water/Documents/Raingarden_handbook.pdf
CAT CHING RAIN:
Low Impact Development — Protecting Our Waters 1
Pervious pavers filter and manage water on site.
Photo: Interlocking Concrete Pavement Institute.
AGENDA ITEM #8. g)
CAT CHING RAIN:
Washington’s New LID Stormwater Regulations
Washington State has new rules for how cities and counties manage stormwater runoff.
Washington cities and counties under a Municipal Stormwater Permit have a legal
obligation to prevent pollution from rainwater that washes over roofs, driveways and
developed areas. The new rules will require many future developments to incorporate
certain Low Impact Development (LID) techniques.
LID techniques imitate the natural processes that help rainfall absorb into the ground,
instead of running into pipes and large holding ponds that drain to streams and water
bodies. LID measures, such as rain gardens, bioretention facilities, and permeable
pavements, treat and retain stormwater at the source. These practices help preserve fish
and wildlife by keeping natural waters clean.
Washington State Municipal Stormwater Permits, administered by the Department of
Ecology, govern how cities and counties manage stormwater runoff. Three separate
permits covering different parts of the state were recently updated, and LID requirements
were added. The Phase I permit applies to Tacoma, Seattle, and the four most populous
counties in Western Washington. The Phase II permit for Western Washington covers 80
cities and the urban portion of four counties. The Phase II permit for Eastern Washington
covers 18 cities and urban areas of six counties.
Local Development Codes will be Revised to Include LID Measures
e new permits require Phase I cities and counties to enact codes incorporating LID
measures by June 30, 2015, and most Phase II jurisdictions in Western Washington
must follow suit by the end of 2016. e Stormwater Manual for Western Washington,
revised in 2012, contains the LID design details. e Eastern Washington permittees
must update their codes, if needed, by December 31, 2017. e Department of
Ecology, in collaboration with Eastern Washington permittees, is still developing a
stormwater manual with LID practices for the east side of the state.
Look for the other helpful
fact sheets in this series:
1. Low Impact Development
2. LID Stormwater Regulations
3. LID Development Process
4. Pavement Maintenance
5. Rain Garden Maintenance
6. Rain Garden Construction
Checklist
7. Rain Garden Construction
Sequencing
✔
2
e permits for eastern and western portions of the state take substantially dierent
approaches, because the soil, climate and geology vary substantially between the
two regions, and these factors have a major inuence on how stormwater runo
behaves. e LID measures for Eastern Washington are less developed, requiring
only thatinitialsteps be taken to implement LID techniques. For example, new
developments in Eastern Washington will be required to retain runo on-site or in
regional stormwater facilities. Most Eastern Washington cities and counties covered
by the permit already meet this requirement; the others can develop criteria for when
LID measures are not feasible. LID measures must be allowed in Eastern Washington,
but will not be required.
Continued >
August 1, 2013
New Phase I & Phase II
Permits Take Effect
Dec. 31, 2016
Most Western Washington
Phase II’s Must Implement
LID Requirements
Dec. 31, 2018
Aberdeen Must Implement
LID Requirements
June 30, 2015
Phase I’s Must Implement
LID Requirements
Dec. 31, 2017
Cowlitz County, Kelso,
Longview & Centralia
Must Implement LID
Requirements
Dec. 31, 2017
Eastern Washington Phase II’s
Must Update Their Codes to
Allow LID and Identify Local
Infeasibility Criteria
Timeline for New LID Requirements in Washington State
AGENDA ITEM #8. g)
Developed by Sound Native Plants, Inc., with funding from the Washington State Department of Ecology.
Author: Ben Alexander, Sound Native Plants, Inc. Sources: Washington Phase I Municipal Stormwater Permit,
Western Washington Phase II Municipal Stormwater Permit, Eastern Washington Phase II Municipal Stormwater Permit.
CAT CHING RAIN:
Washington’s New LIew LIew L D Stormwater Regulations
Western Washington LID Measures are Keyed to Size of Development
In Western Washington most new developments that create 2,000 square feet
of hard surface area or disturb more than 7,000 square feet of land will have some
LID requirements. Limited circumstances such as projects that discharge directly to
large water bodies may reduce or eliminate the need for LID. Projects in Western
Washington will have two options for complying with LID requirements: choose
from a prioritized list of LID Best Management Practices (BMPs), or meet the “Low
Impact Development Performance Standard.” Projects of 5 acres or greater located
outside urban growth areas must meet the LID performance standard.
Prioritized Western Washington BMPs
Lawns & Landscaped Areas:
Retaining undisturbed native soil and vegetation receives top priority in the new rules.
If that is not possible, the BMPs set standards for the depth and quality of the soil
following construction, and spell out methods to restore good drainage characteristics
to disturbed soil by methods such as adding compost and mulch. e BMPs will
alter the site preparation and landscape construction techniques used in some new
developments. Landscape maintenance procedures will also be aected.
Roofs:
e new rules oer a prioritized suite of options for dealing with roof runo on-
site. Top priority measures include dispersing runo over native vegetation or into dry
wells. e next highest priority techniques include directing runo into rain gardens
or bioretention facilities. Rain gardens and bioretention facilities employ the same
principles, but rain gardens are non-engineered facilities and bioretention facilities
require engineering because they usually handle more runo. Rain gardens and similar
facilities will likely become more common once the new rules are implemented.
e rules oer other options for partial dispersion or inltration in sites with more
challenging conditions.
Other Hard Surfaces:
BMPs for runo from other hard surfaces like driveways include some of the same
techniques as for roofs, such as full dispersion, rain gardens and/or bioretention
facilities. ese BMPs also include permeable pavements, which are hardened surfaces
that allow rainfall to penetrate into the ground beneath. Permeable pavements
include a range of products from grid-like pavers with grass growing in the spaces, to
special types of concrete that allow water to pass through. Larger developments will
be required to prioritize permeable pavements over bioretention facilities. Dierent
practices may be needed for maintaining permeable pavements.
Low Impact Development Performance Standard
e LID Performance Standard allows a project to bypass the BMP list by
demonstrating that post-development stormwater discharge from the site matches
pre-developed discharge for specic storm events. Meeting this standard usually
requires hydrologic modeling by an engineer.
2
Resources:
List of permittees: http://www.ecy.wa.gov/programs/wq/stormwater/municipal/munistrmwtrpermlist.html
Stormwater permits: http://www.ecy.wa.gov/programs/wq/stormwater/municipal/PermitsPermittees.html
W. WA Stormwater Manual: http://www.ecy.wa.gov/programs/wq/stormwater/manual.html
LID information: http://www.wastormwatercenter.org/low-impact/
Photo: Interlocking Concrete Pavement
Institute
AGENDA ITEM #8. g)
AB - 1720
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: T-Mobile West, LLC Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Amanda Askren, Property & Technical Services Manager
EXT.: 7369
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
T-Mobile West LLC offers mobile communications services under the T-Mobile Brands and is based in Bellevue,
Washington. T-Mobile has requested a franchise agreement with the City of Renton in order to provide
broadband internet and telephone services. A separate franchise would be pursued if T-Mobile seeks to
provide cable services in the future. The franchise being sought with the City of Renton would allow for the
installation of communication facilities, specifically fiber optic cable and related appurtenances, under, along,
over, below and through, and across public rights-of-way within the City. The use of the City rights-of-way for
this private telecommunications system requires a franchise agreement with the City and is subject to
appropriate fees for the reduced value of the affected rights-of way.
The franchise agreement permits T-Mobile to construct, install, and operate communications equipment,
specifically fiber optic cable and related appurtenances within and through public rights -of way, public ways,
and other ways within the City of Renton.
The length of term agreed to by the City and T-Mobile for the proposed franchise agreement would be
effective for a period of ten (10) years. A possible 5-year renewal is allowed for, via the franchise, at the City’s
discretion.
The agreement is formatted to group similar items together:
Sections 1-8 cover the basic franchise approval
Sections 9-14 cover general work activities
Sections 15-24 cover basic legal concerns
Sections 25-27 provide for final franchise adoption.
EXHIBITS:
A. Issue Paper
B. Draft Ordinance
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into a franchise agreement with T -Mobile West, LLC as a purveyor
of broadband telecommunication services within the City of Renton.
AGENDA ITEM #8. h)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 22, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C.E. “Chip” Vincent, CED Administrator, x6588
STAFF CONTACT:Amanda Askren, Property & Technical Services Manager, x7369
SUBJECT:T-Mobile West, LLC Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with T-Mobile West, LLC?
RECOMMENDATION:
Staff recommends that Council should authorize the Mayor and City Clerk to enter into a
franchise agreement with T-Mobile West, LLC as a purveyor of broadband
telecommunication services within the City of Renton.
BACKGROUND SUMMARY:
T-Mobile West LLC offers mobile communications services under the T-Mobile Brands
and is based in Bellevue, Washington. T-Mobile has requested a franchise agreement
with the City of Renton in order to provide broadband internet and telephone services.
A separate franchise would be pursued if T-Mobile seeks to provide cable services in the
future. The franchise being sought with the City of Renton would allow for the
installation of communication facilities, specifically fiber optic cable and related
appurtenances, under, along, over, below and through, and across public rights-of-way
within the City. The use of the City rights-of-way for this private telecommunications
system requires a franchise agreement with the City and is subject to appropriate fees
for the reduced value of the affected rights-of way.
The franchise agreement permits T-Mobile to construct, install, and operate
communications equipment, specifically fiber optic cable and related appurtenances
within and through public rights-of way, public ways, and other ways within the City of
Renton.
AGENDA ITEM #8. h)
Randy Corman, Council President
Page 2 of 3
June 22, 2016
The length of term agreed to by the City and T-Mobile for the proposed franchise
agreement would be effective for a period of ten (10) years. A possible 5-year renewal
is allowed for, via the franchise, at the City’s discretion.
The agreement is formatted to group similar items together Sections 1-8 cover the basic
franchise approval. Sections 9-14 cover general work activities. Sections 15-24 cover
basic legal concerns. Sections 25-27 provide for final franchise adoption.
OUTLINE FOR T-MOBILE FRANCHISE AGREEMENT
1.Definitions: Provides definitions of key terms used in the agreement.
2.Purpose: Explains purpose of the cooperative agreement.
3.Privileges Conveyed: Grants basic franchise rights to T-Mobile for a limited, non-
exclusive franchise.
4.Term: Defines length of agreement, and option to extend.
5.Recovery of Costs: Allows City to charge an administrative fee to recover costs.
6.Assignment and Transfer of Franchise: Requires Council approval for transfer.
7.Compliance with Laws – Reservation of Powers and Authority: Explains legal
obligations for T-Mobile.
8.Non-exclusive Franchise: Allows Renton to grant other or further franchises.
9.Permits, Construction and Restoration: Outlines permitting, bonds, restoration
and other construction requirements.
10.Coordination and Shared Excavations: Requires reasonable efforts to coordinate
work within the franchise area.
11.Hazardous Materials: Regulates use of hazardous substances.
12.Emergency Work – Permit Waiver: Requires prompt response in an emergency
and defers permits to correct dangerous conditions.
13.Records of Installation: Requires as-built drawings and provision of plans for
potential improvements upon City request.
14.Undergrounding of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
15.Relocation of Franchisee Facilities: T-Mobile is required to relocate its facilities
at its cost when there are identified conflicts with new City streets or utilities.
16.Abandonment and Discontinuance of Franchisee’s Facilities: Requires notice to
the City when use ceases or facilities are abandoned.
17.Termination, Violations and Remedies: Describes termination of franchise,
discontinuation of operations, obligation of Franchisee, and remedies to parties.
18.Dispute Resolution: Provides process for alleged default as to performance
19.Arbitration: Establishes process for arbitration, discovery, compensatory
damages, and assignment of costs.
20.Alternative Remedies: Allows for judicial relief.
21.Amendments to Franchise: Specifies process for written amendment to
franchise.
AGENDA ITEM #8. h)
Randy Corman, Council President
Page 3 of 3
June 22, 2016
22.Indemnification: Franchisee shall indemnify, defend, and hold harmless Renton
for the duration of the Franchise.
23.Insurance: Requires the Franchisee to procure and maintain insurance for the
duration of the Franchise.
24.Discrimination Prohibited: Provides standard language now included on all
franchise agreements.
25.Notice: Outlines noticing procedures and contact information.
26.Miscellaneous: Minor clarifications, including stating the franchise requirements
apply to T-Mobile, its successors and contractors.
27.Effective Date: Franchise becomes effective five days after legal publication.
T-Mobile must file its written acceptance of this franchise with the City Clerk within 60
days after approval by the mayor in order to claim any right or benefit under this
franchise agreement.
cc:Mark Peterson, Fire Chief & Fire and Emergency Services Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Lys Hornsby, Utility Systems Director
Brianne Bannwarth, Development Engineering Manager
Pat Miller, Construction Inspector Supervisor
Holly Powers, Development Services Representative
AGENDA ITEM #8. h)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO T-
MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY, AUTHORIZED
TO DO BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES,
SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND MASTER
PERMIT TO INSTALL COMMUNICATIONS FACILITIES UNDER, ALONG, OVER,
BELOW AND THROUGH AND ACROSS THE STREETS, AVENUES AND ALLEYS OF
THE CITY OF RENTON WITHIN THE PUBLIC RIGHT-OF-WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Definitions
For the purposes of this Franchise and any attachments, the following defined terms,
phrases, words and their derivations shall have the meaning provided below. When not
inconsistent with the context in which the word is used, words used in the present tense
include the future, words in the plural include the singular, words in lower case shall have their
defined meaning even if the words are not capitalized, and words in the singular include the
plural. Undefined words shall be given their common and ordinary meaning.
1.1 Administrator: Means the Administrator of Renton’s Public Works Department
or designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair, and restore existing pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but limited to reasonable
attorneys’ fees.
AGENDA ITEM #8. h)
ORDINANCE NO. ________
2
1.4 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located over or under ground.
1.5 Franchise: Means this ordinance and any related amendments, exhibits, or
appendices.
1.6 Franchise Area: Means all present and future Renton Rights-of-Way for public
roads, alleys, avenues, highways, streets, and throughways laid out, platted, dedicated,
acquired or improved, and; all city-owned utility easements dedicated for the placement and
location of various utilities provided such easement would permit Franchisee to fully exercise
the privilege granted under this Franchise within the area covered by the easement, without
interfering with any governmental functions or other franchises or easements.
1.7 Franchisee: Means T-Mobile West LLC, a Delaware limited liability company,
authorized to do business within the State of Washington, and its respective successors and
assigns, and when appropriate agents, contractors (of any tier), employees, officers and
representatives.
1.8 Hazardous Substance: Means any hazardous, toxic, or dangerous substance,
material, waste, pollutant, or contaminant, including all substances designated under the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
AGENDA ITEM #8. h)
ORDINANCE NO. ________
3
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted
to include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnormalities.
1.9 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, guideline, permit, procedure, regulation, regulatory
program, order, rule, specification, standard, Environmental Law, or governmental authority,
that relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service –
Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW
Chapter 80.36 (Telecommunications), WAC Chapter 480-120, et. seq., (Telephone Companies),
RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and
any related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.10 Parties: Means the City of Renton and T-Mobile West LLC, a Delaware limited
liability company.
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1.11 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.12 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights-of-Way for motor
vehicles or any other uses under Renton’s control and/or in its jurisdictional boundaries,
consistent with RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements
— Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.13 Rights-of-Way: Means the surface and the space above and below streets,
roadways, highways, avenues, courts, thoroughfares, lanes, alleys, sidewalks, easements, and
similar Public Property, Public Ways, and areas located within the Franchise Area.
1.14 Tariff: Has the meaning provided in WAC 480-80-030 (Definitions), or such
similar definition describing rate schedules, rules and regulations relating to charges and service
as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480-80. (WAC 480-120-026 (Tariffs)).
1.15 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
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1.16 Work: Means any construction, excavation, installation, removal, or repairs
within the Franchise Area by or on behalf of Franchisee;
SECTION II. Purpose
2.1 Conditions: The purpose of this Franchise is to delineate the conditions relating
to Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this ordinance becomes effective. This
Franchise is granted subject to Renton’s land use authority, public highway authority, police
powers, and franchise authority, and is conditioned upon the terms and conditions provided in
this Franchise, and Franchisee’s compliance with all Laws.
2.2 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to its use of the Franchise Area, with no risk or liability conferred upon Renton.
This Franchise is granted upon the express condition that Renton retains the absolute authority
to grant other or further franchises in, under, on, across, over, through, along or below any
portion of the Franchise Area. This and other franchises shall, in no way, prevent or prohibit
Renton from using any of its Franchise Area, or affect its jurisdiction over them or any part of
them, and Renton retains absolute authority to make all changes, relocations, repairs,
maintenance, establishments, improvements, dedications or vacations of same as Renton may
see fit, including the dedication, establishment, maintenance and improvement of all new or
existing Rights-of-Way, Public Property or Public Ways.
SECTION III. Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c),
RMC Chapter 5-19 and the laws of the State of Washington including, but not limited to, RCW
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47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right-of way), and 80.36.040 (Use of
road, street, and railroad right-of way – When consent of city necessary), and any related laws,
Renton grants to Franchisee, and its successors and assigns (subject to and as provided for in
Section VI, Assignment and Transfer of Franchise), under this Franchise’s terms and conditions,
the privilege to install, construct, operate, maintain, alter, remove, repair and improve its
Facilities, together with all necessary equipment and appurtenances, for the provision of
telecommunications, private line, and Internet access services, within the existing Franchise
Area, such lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into this Franchise.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the
Franchise Area. This privilege shall not limit Renton’s police powers, any statutory or inherent
authority, jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning or land use
authority. The terms and conditions of this Franchise shall not be construed to apply to
Facilities located outside of the Franchise Area. This Franchise shall not convey to Franchisee
any privilege to install Facilities on or to otherwise use city-owned or leased properties or
easements outside the Franchise Area.
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3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than the provision of telecommunications, private line, and
internet access services. Franchisee may, infrequently, make or allow incidental use of excess
capacity of Facilities within the Franchise Area for other purposes.
3.4 Franchise is Non-Exclusive: As detailed in Section VIII, below, Renton grants this
non-exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Separate Approval Needed For New Telecommunications Lines: The limited
privileges granted under this Franchise shall not convey any privilege to Franchisee to install
any new telecommunications lines or Facilities in addition to those Facilities shown on
Attachment 1 without Renton’s express prior written consent.
3.6 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
believes that the same are consistent with all Laws. If in the future Franchisee becomes aware
that a provision of this Franchise may be unlawful or invalid, it will not use such potential
invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise
Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30)
calendar days and endeavor jointly to amend this Franchise to cure the invalidity or illegality.
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3.7 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any applicable Laws.
3.8 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this
Franchise) may be maintained, repaired and operated by Franchisee at the location where such
Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided,
however, that no such Facilities may be enlarged, improved or expanded without Renton’s prior
review and approval pursuant to the provisions of any applicable Laws.
3.9 Third-Parties: Nothing in this Franchise shall be construed to create or confer any
privilege or remedy upon any person(s) other than Renton and Franchisee. No action may be
commenced or prosecuted against any Party by any third party claiming as a third party
beneficiary of this Franchise. This Franchise shall not release or discharge any obligation or
liability of any third party to either Party.
SECTION IV. Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise, however the
commencement date of this Franchise shall be retroactive to June 23, 2014 (“Commencement
Date”) and shall remain in effect for ten (10) years (“Franchise Term”) and shall terminate at
11:59 p.m. prevailing time on June 22, 2024, unless it is terminated pursuant to Section XIII,
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Termination, Violations, and Remedies. At any time not more than two (2) years nor less than
one hundred eighty (180) calendar days before the expiration of the Franchise Term, Franchisee
may make a written request and Renton may consider, at its sole discretion, renewing this
Franchise for an additional five (5) year renewal period.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate this
Franchise prior to the expiration of its term or any extension, this Franchise shall be extended
on a year-to-year basis until this Franchise is renewed, terminated or extended.
SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed statement pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City
Attorney Department, for review or inspection of activities undertaken through the authority
granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses incurred.
Renton employee time shall be calculated based on their rate of salary, including applicable
overtime, benefits and reasonable overhead, and all other costs will be bill based on an actual
cost basis.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
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Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
5.3 Franchise Fee: Pursuant to RCW 35.21.860(1)(d) (Electricity, telephone, or
natural gas business, service provider — Franchise fees prohibited — Exceptions), Renton may
only impose a franchise fee or any other Cost of whatever nature or description upon
Franchisee as is consistent with federal law.
5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under Laws.
5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
Costs incurred by Renton while responding to any emergency involving this Franchise.
5.7 Reimbursement period: Franchisee shall reimburse Renton within forty-five (45)
calendar days of Renton’s submittal of an itemized billing for reasonably incurred Costs,
itemized by project, for Franchisee’s proportionate share of all actual, identified expenses
incurred by Renton in planning, constructing, installing, repairing, altering, or maintaining any
city facility due to the presence in the Public Way of Franchisee’s Facilities.
SECTION VI. Assignment and Transfer of Franchise
6.1 City Council Approval Required: Franchisee may not sell, assign, transfer, lease or
dispose of this Franchise, either in whole or in part, and Franchisee may not pass title or permit
it to vest, either legally or equitably, in any person or entity without the passage of an
ordinance or resolution. Such consent shall not be deemed to waive any of Renton’s rights to
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subsequently enforce Franchise related non-compliance issues that existed at or before
Renton’s consent.
6.2 Acceptance: If Renton consents, within thirty (30) calendar days of that consent,
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all
of its terms and conditions.
6.3 For the purposes of this section and notwithstanding anything to the contrary
herein, an assignment or transfer of this Franchise to a parent or affiliate or the merger or
corporate reorganization of any entity controlling, controlled by or under common control with
Franchisee shall not be deemed a transfer or assignment, provided such assignee is financially
capable of performing Franchisee’s obligations under this Franchise.
SECTION VII. Compliance with Laws - Reservation of Powers and Authority
7.1 Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
7.2 Incorporation of RMC 5-19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated
by reference into this Franchise, unless the language of this agreement requires a different act
or omission.
7.3 Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise Term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
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matter and such municipal interest and consistent with its legal obligations, Franchisee shall
cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither party shall invoke this Franchise as a basis to assert that its consideration of a given
issue is excused by operation of the doctrines of estoppel or waiver.
7.4 Reference to Specific Law or Order: Upon written inquiry by Renton, Franchisee
shall provide a specific reference to the federal, state, or local law or the WUTC order or action
establishing a basis for Franchisee’s actions related to a specific Franchise issue.
SECTION VIII. Non-exclusive Franchise
8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities across, along, below, in, over, through, or under, the
Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX. Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
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and maintain proper barricades (if permitted by Law) and comply with all applicable Laws,
safety regulations and standards during such period of construction.
9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, if any, including permits from
Renton to perform Work on Franchisee’s Facilities within the Franchise Area. The permit
application shall contain detailed plans, maps and specifications showing the position, depth
and location of all such Facilities in relation to existing Franchise Area, collectively referred to as
the “Plans.” The Plans shall specify the class and type of material and equipment to be used,
manner of excavation, construction, installation, backfill, erection of temporary structures and
facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and
road obstructions, and all other necessary information. Franchisee shall submit to Renton as-
built plans and, when available, digital facility location data in a format compatible with the
City’s geographic Information system. Such Work shall only commence upon the issuance of
required permits, if required, and payment of the associated fees, which permits shall not be
unreasonably withheld or delayed after submission of a complete application. Franchisee shall
further inform Renton of any time or date that Franchisee is performing Work within the
Franchise Area to allow Renton to inspect such work. Undergrounding Work within City streets
shall be accomplished through boring rather than open trenching whenever reasonably
feasible.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
City streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
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boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.4 Damage Repair: If Renton utilities are damaged by boring or trenching
Franchisee crews will promptly notify the appropriate Renton staff. Franchisee will be
responsible for excavating and shoring for the repair, and providing appropriate traffic control
measures. Renton maintenance staff will provide the appropriate repair couplings and piping
and perform the repair work. After the repair is complete Franchisee crews will back fill and
restore the surface. Franchisee shall reimburse Renton for all expenses incurred by Renton that
are directly related to the repair of any lines damaged by the boring activity.
9.5 Facility Placement: The Parties intend that the specific location of Facilities
within the Franchise Area (and similar facility-related matters of a specific nature requiring
detailed case-by-case analysis) is to be determined in accordance with applicable Laws
(including, without limitation, rights of appeal).
9.6 Lateral Support: Whenever Work on Facilities within the Franchise Area have
caused or contribute to a condition that appears to substantially impair or substantially impairs
the lateral support of the Franchise Area, Renton may direct Franchisee, at Franchisee’s sole
expense, to take such actions as are reasonably necessary within the Franchise Area to repair
and/or not impair the lateral support. In the event that Franchisee fails or refuses to take
prompt action, or if an emergency situation requires immediate action, Renton may enter the
Franchise Area and take any action necessary to protect the public, any Public Way, Public
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Property, and Right-of-Way, and Franchisee shall be liable to Renton for all costs, fees, and
expenses resulting from that necessary action. This provision shall survive the expiration,
revocation or termination of this Franchise.
9.7 Limits on Construction: No park, public square, golf course, street Rights-of-Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.8 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty-five
thousand dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond
shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions
and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any
defective work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
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Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on-going performance bond in an amount approved by Renton.
9.9 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton.
Franchisee’s activities (including work done at Franchisee’s direction or on its behalf) shall not
damage or interference with other franchises, licenses, utilities, drains or other structures, or
the Franchise Area, and shall not unreasonably interfere with public travel, park uses, other
municipal uses, adjoining property, and shall not endanger the safety of or injure persons and
property. Franchisee’s Work shall comply with all applicable Laws.
9.10 Material and Installation Methods: As a condition of receiving the privilege to
work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with City of Renton standards and shall
verify this by the submittal of documentation of materials and testing reports when requested
by Renton. All costs for performing on-site testing, such as compaction tests, shall be borne by
Franchisee.
9.11 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
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that meet or exceed requirements established by the Washington State Department of
Transportation, at its own cost and expense. Franchisee shall, upon discovery of any such
damage, immediately notify Renton. Renton will inspect the damage, and set a time limit for
completion of the repair. If Renton discovers damage caused by Franchisee to the Franchise
Area, Renton will give Franchisee notice of the damage and set a reasonable time limit in which
Franchisee must repair the damage. In the event Franchisee does not make the repair as
required in this section, Renton may repair the damage, to its satisfaction, at Franchisee’s sole
expense.
9.12 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122, Underground Utilities, or
an approved equivalent, and shall comply with all applicable Laws.
9.13 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights-of-Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton’s Trench Restoration Standards in effect at that time. Restoration shall
include all landscaping, irrigation systems and trees. Renton shall have final approval of the
condition of the Franchise Area after restoration pursuant to applicable Laws, as they exist or
may be amended or superseded, provided that such provisions are not in conflict or
inconsistent with the express terms and conditions of this Franchise.
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9.14 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332-120, (Survey Monuments – Removal or
Destruction), and other applicable Laws.
9.15 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
calendar days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs
caused by any construction delays to Renton or to any contractor working for Renton due to
Franchisee’s failure to submit and adhere to Franchisee’s plans and schedule in relocating or
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installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
Renton’s request, also attend construction meetings pertaining to performance of work within
the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided
that: (a) such joint use shall not unreasonably delay the work of the party causing the
excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and
conditions satisfactory to both Parties.
10.3 Joint Use Policies: Renton may, during the Franchise Term, adopt policies with
respect to the Franchise Area which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of utility
facilities within the Franchise Area that are consistent with applicable Laws and prudent utility
practices.
SECTION XI. Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton, provided however, Franchisee shall be permitted to use
Hazardous Substances that are commonly used in type of Facility contemplated herein,
including cleaning solvents, back-up batteries and fuel/diesel for a temporary generator for use
during emergencies. Renton will not unreasonably withhold Approval, but such application
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must be in conformance to the Aquifer Protection regulations of Renton. If Franchisee shall
first obtain Renton’s approval to apply a specific product in accordance with a defined
procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied
in accordance with such procedure. Franchisee shall notify Renton of any accident by
Franchisee involving Franchisee’s use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant
release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee
to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall
notify Renton within twenty-four (24) hours of discovery. If the encountered or suspected
Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at
its own expense, determine if the material is hazardous, in accordance with applicable Laws. If
the material is found to be hazardous, Renton shall, at its own expense, if possible remove,
dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with
applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance to replace the removed substance for Franchisee to use in its
operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected Hazardous Substances
within the Franchise Area are the result of Franchisee’s acts or omissions, Renton’s
characterization of the substances involved and any removal, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
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be at Franchisee’s sole expense. Franchisee shall be solely responsible for any expense or cost
related to environmental mitigation requirements imposed, by operation of applicable Laws or
otherwise.
SECTION XII. Emergency Work - Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within
the Franchise Area pose an immediately endanger the property, life, health or safety of any
individual, Franchisee shall, upon receipt of notification from Renton of the existence of such
condition, immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Renton Fire & Emergency
Services Department through the dispatch system of the emergency; and (2) Franchisee informs
Renton’s permitting authority of the nature, location, and extent of the emergency, and the
work to be performed, prior to commencing the work if such notification is practical, or where
such prior notification is not practical, Franchisee shall notify Renton’s permitting authority on
the next business day; and (3) such permit is obtained by Franchisee as soon as practicable
following cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
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Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable law, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton’s request, Franchisee shall provide to
Renton copies of any plans prepared by Franchisee for potential improvements, relocations and
conversions to its Facilities within the Franchise Area; provided, however, any such plans so
submitted shall be for informational purposes only and shall not obligate Franchisee to
undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As-Built Drawings: Upon Renton’s request, and at no cost to Renton, Franchisee
shall provide to Renton copies of drawings, maps, and records in use by Franchisee showing the
location of its Facilities at specific locations within the Franchise Area. As to any such drawings
so provided, Franchisee does not warrant the accuracy of the drawings as such Facilities are
shown in their approximate location.
13.3 Design Locates: Upon Renton’s request, in connection with the design of any
Public Works Project, Franchisee shall verify the location of its underground Facilities within the
Franchise Area by excavating (e.g., pot holing), if necessary, at no expense to Renton. In the
event Franchisee performs such excavation, Renton shall not require any restoration of the
disturbed area in excess of restoration to the same condition as existed immediately prior to
the excavation.
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13.4 Disclosure to Third Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any third party without the prior notice to Franchisee, unless the third party is
an authorized governmental entity of any tier or a public records requestor.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV. Undergrounding Required for New Facilities
Consistent with RMC 4-6-090.C (Applicability), all new Facilities installed within the Franchise
Area during the Term of this Franchise shall be located underground, consistent with the RMC,
unless it is unfeasible in Renton’s estimation for it to be done; provided that installation of
wires, cables, conduits and similar equipment will be permitted and installed pursuant to the
provisions of any applicable Laws, and subject to and accordance with any applicable Tariffs on
file with the WUTC.
SECTION XV. Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities and
capital improvement projects, and should any conflict arise with Renton facilities, Franchisee
shall, at its own cost and expense, conform to the utilities and capital improvement projects of
Renton. Whenever Renton undertakes (or causes to be undertaken) any public works
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improvement within the Franchise Area, and such public works improvement necessitates the
relocation of Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
A. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such
relocation; and
B. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton. The relocation completion date will be
included in Renton’s written request for said relocation to Franchisee. Franchisee shall be solely
responsible for any associated cost caused by any construction delays to Renton’s project due
to Franchisee’s failure to comply with Franchisee’s plans and schedule in relocating or installing
Franchisee Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
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Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any third party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any third party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Franchisee’s Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
determines and notifies Franchisee that the primary purpose of imposing such condition or
requirement upon such third party is to cause or facilitate the construction of a Public Works
Project to be undertaken within a segment of the Franchise Area on Renton’s behalf and
consistent with Renton’s Capital Investment Plan; Transportation Improvement Program; or the
Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in
reconnecting such relocated Facilities with Franchisee’s other Facilities shall be paid to
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Franchisee by such third party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of
Franchisee’s Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in
subsection 15.1.
15.7 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all actions, claims, damages, liabilities, or suits for
delays on Renton’s construction projects to the extent caused by Franchisee’s failure to remove
or relocate it Facilities in a timely manner, though Franchisee shall not be liable for damages
due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities
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16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) calendar days after such abandonment or cessation
of use. Any plan for abandonment or removal of Franchisee’s Facilities within the Franchise
Area must be first approved by the Administrator, and all necessary permits must be obtained
prior to such Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) calendar days after the abandonment or permanent
cessation of use, remove the Facilities at Franchisee’s sole expense. However, with Renton’s
express written consent, Franchisee may, at Franchisee’s sole cost and expense, secure the
Facilities in such a manner as to cause it to be as safe as is reasonably possible, by removing all
lines, conduits and appurtenances, in compliance with all Laws, and abandon them in place,
provided that any above-ground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre-installation
condition, reasonable wear and tear excepted. Such restoration work shall be done at
Franchisee’s sole cost and expense and to Renton’s reasonable satisfaction. If Franchisee fails
to remove or secure the Facilities and/or fails to restore the premises or take such other
mutually agreed upon action, Renton may, after reasonable notice to Franchisee, remove the
Facilities, restore the premises or take such other action as is reasonably necessary at
Franchisee’s sole expense and Renton shall not be liable for any damages, losses or injuries.
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This remedy shall not be deemed to be exclusive and shall not prevent Renton from seeking a
judicial order directing Franchisee to remove its Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re-secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re-securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in
which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and is not renewed, this Franchise
shall be terminated as of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
calendar days of receiving written notice from Renton specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) calendar days, within such other reasonable period of time as the Parties may
agree upon, subject to the terms and conditions of Sections XVIII and XIX below, Renton may
terminate this Franchise.
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17.3 City Council Termination: This Franchise shall not be terminated during the first
five (5) years of the Franchise Term. Thereafter, this Franchise may only be terminated by
Renton by a majority vote of the City Council determining that the termination of this Franchise
is necessary to serve the public interest by using the Franchise Area for public purposes, and
after at least twelve (12) months’ prior written notice to Franchisee and an opportunity to be
heard. Renton shall use reasonable efforts to assist Franchisee in relocating Franchisee’s
Facilities to a mutually agreeable location on other property owned by Renton or in which
Renton has a right of way interest, and allow Franchisee to install temporary or permanent
equipment.
17.4 Discontinue Operations: If the Franchise is terminated pursuant to subsection
17.2, Franchisee shall immediately discontinue operation of Facilities through the Franchise
Area. In such circumstances, either party may invoke the dispute resolution provisions in
Section XVIII. Alternatively, either party may elect to seek relief directly in Superior Court, in
which case the dispute resolution requirements shall not be applicable. Once Franchisee’s
privilege has terminated, Franchisee shall comply with Franchise provision regarding removal
and/or abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
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and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any of the following
remedies, alone or in combination, in the event Franchisee violates any material provision of
this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive;
the exercise of one remedy shall not prevent the exercise of another or any rights of Renton at
law or equity.
17.9 Franchisee’s Termination: Franchisee may terminate this Franchise upon
delivering at least thirty (30) calendar days’ prior written notice to Renton if Franchisee’s
Facilities are interfered with by third parties, if Franchisee loses any permit or approval
necessary to maintain the Facilities through no fault of its own, or if Franchisee determines,
after the first five (5) years of the Franchise Term, that its Facilities or the Franchise Area are no
longer technologically feasible for its network operations.
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SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) business days of its receipt of such notice,
Franchisee shall provide written response to Renton acknowledging receipt of such notice and
stating Franchisee’s response. Franchisee has thirty (30) calendar days (“cure period”) from the
date of receiving notice to:
A. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any alleged
default and requesting a meeting in accordance with subsection 18.2, or;
B. Cure the alleged default, or;
C. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
calendar days, due to the nature of the default. Notwithstanding such notice,
Franchisee shall promptly take all reasonable steps to begin to cure the alleged
default and notify Renton in writing and in detail as to the actions that will be taken
by Franchisee and the projected completion date. In such case, Renton may set a
meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall
take place not less than ten (10) business days after Franchisee’s receipt of notice of the
meeting. Each Party shall appoint a representative who shall attend the meeting, represent
their party’s interests, and who shall exercise good faith to reach an agreement on any alleged
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default and/or any corrective action to be taken. Any dispute (including any dispute concerning
the existence of or any corrective action to be taken to cure any alleged default) that is not
resolved within ten (10) business days following the conclusion of the meeting shall be referred
by the Parties’ representatives in writing to the Parties’ senior management for resolution. If
senior management is unable to resolve the dispute within twenty (20) calendar days of such
referral (or such other period as the Parties may agree upon), each Party may pursue resolution
of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations pursuant to
these procedures for the resolution of disputes shall be confidential and shall be treated as
compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
A. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
B. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV,
Undergrounding of Facilities (except as preempted by WUTC authority); and XV,
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Relocation of Franchisee Facilities (excluding project delay claims exceeding
$30,000) of this Franchise (the “Arbitration Claims”), and/or;
C. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non-Arbitration Claims, obligations under this Franchise
and/or;
D. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX. Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
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items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
limited to, labor of any contractors and/or subcontractors); all pre-arbitration costs and
expenses of consultants, attorneys, accountants, professional and other services; and all taxes,
insurance, interest expenses, overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision.
The award rendered by the arbitrators shall be final, binding and non-appealable, and judgment
upon such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or
records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator’s decision and administrative fees shall be borne equally by the Parties.
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19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such Party pursuant to this
Section XIX, then such Party shall be entitled to recover all reasonably incurred Costs, including
attorney fees, for any subsequent arbitration brought by them in which they are found to be
the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post-hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
SECTION XX. Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to seek
or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non-Arbitration Claims. Neither the existence of
other Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and
obtain judicial enforcement of the other Party’s obligations by means of specific performance,
injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties, specifically
stating that it is an amendment to this Franchise and is approved and executed in accordance
with State of Washington laws. Without limitation, and unless required by any Laws, this
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Franchise shall govern and supersede and shall not be altered, limited, supplemented or
otherwise amended by any permit, approval, license, agreement or other document required
by or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any
and all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
A. References this Franchise; and
B. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and
conditions of this Franchise. In the event of any conflict or inconsistency between
the provisions of this Franchise and the provisions of any such permit, approval,
license, agreement or other document, except as expressly required by Laws and/or
superseded by such permit, approval, license, agreement or other document, the
Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, not bring suit
against, and hold harmless Renton, from and against any and every third party action, claim,
cost, damage, death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to
persons or property, including reasonable attorneys’ and experts’ fees and/or costs incurred by
Renton in its defense, to the extent caused by any negligent act or omission or willful
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misconduct by Franchisee, its employees, contractors, agents and representatives, or to the
extent such claims arise out of Franchisee’s Work or activities within the Franchise Area,
including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under
any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost,
damage, death, expense, harm, injury, liability, or loss, to persons or property which is caused
by, in whole or in part, and only to the extent of, the willfully tortious or negligent acts or
omissions of Franchisee or its agents, contractors (of any tier), employee’s, representatives or
trainee’s related to Franchisee’s granted Franchise privileges. If any action or proceeding is
brought against Renton by reason of any damage or injury, Renton shall (i) cause written notice
to be given unto Franchisee, (ii) give all reasonably requested assistance in defense or
settlement of such claim at Franchisee’s expense, and (iii) grant Franchisee the right to control
the defense or settlement of such claims. The terms of this section shall not require Franchisee
to indemnify Renton against and hold harmless Renton from claims, demands or suits based
upon Renton’s negligent or willful conduct, and provided further that if the claims or suits are
caused by or result from the concurrent negligence of (a) the Franchisee’s agents, officers, or
employees and (b) Renton, this provision with respect to claims or suits based upon such
concurrent negligence shall be valid and enforceable only to the extent of Franchisee’s
negligence or the negligence of Franchisee’s agents or employees except as limited in this
Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, not bring
suit against, and save Renton harmless from and against any and every third party action, claim,
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cost, damage, death, expense, harm, injury, liability, or loss, either at law or in equity, to
persons or property, including, but not limited to, costs and reasonable attorneys’ and experts’
fees incurred by Renton, to the extent caused by: (a) Franchisee’s breach of any Environmental
Laws or Laws applicable to the Facilities, or (b) from any release of a hazardous substance on or
from the Facilities, or (c) other activity related to this Franchise by Franchisee. This indemnity
includes, but is not limited to, (a) liability for a governmental agency’s costs of removal or
remedial action for Hazardous Substances; (b) damages to natural resources caused by
Hazardous Substances, including the reasonable costs of assessing such damages; (c) liability for
any other person’s costs of responding to Hazardous Substances; (d) liability for any
investigation, abatement, correction, cleanup, costs, fines, penalties, or other damages arising
under any Laws; and (e) liability for personal injury, property damage, or economic loss arising
under any statutory or common-law theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees
and the employees of Franchisee's agents, representatives, contractors (of any tier) even
though Franchisee might be immune under RCW Title 51 from direct suit brought by such
employees. It is expressly agreed and understood that this assumption of potential liability for
actions brought by the aforementioned persons is limited solely to claims against Renton
arising by virtue of Franchisee’s exercise of the privileges set forth in this Franchise. The
obligations of Franchisee under this section have been mutually negotiated by the Parties, and
Franchisee acknowledges that Renton would not enter into this Franchise without Franchisee’s
waiver of immunity. To the extent required to provide this indemnification and this
AGENDA ITEM #8. h)
ORDINANCE NO. ________
39
indemnification only, Franchisee waives its immunity under Title 51 RCW as provided in RCW
4.24.115 (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc.,…).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability
for negligence relative to construction, alteration, improvement, etc.,…), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability
shall be only to the extent of the party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly notify Franchisee
and Franchisee shall have the privilege, at its election and at its sole costs and expense, to settle
and compromise such matter as it pertains to Franchisee’s responsibility to indemnify, defend
and hold harmless Renton. In the event any suit or action is started against Renton based upon
any such matter, Renton shall likewise promptly notify Franchisee, and Franchisee shall have
the privilege, at its election and at its sole cost and expense, to settle and compromise such suit
or action, or defend the same at its sole cost and expense, by attorneys of its own election, as it
pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” as referenced in subsection 22.2 and Renton is determined to be without fault for the
AGENDA ITEM #8. h)
ORDINANCE NO. ________
40
claim or demand giving rise to such "suit or action,” Franchisee shall reimburse Renton for a
percentage of Renton’s total defense costs. The percentage of Renton’s total defense costs to
be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to
Franchisee for the claim or demand giving rise to such “suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in
subsection 25.2 occurred during the Franchise Term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII. Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of
the Franchise, insurance, or provide evidence of self-insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self-insurance, together with an endorsement on the general
and automotive liability policies, naming Renton as an additional insured upon Franchisee’s
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages and limits, which limits may be satisfied with the combination of primary
and excess liability insurance policies:
A. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, operations, explosions and collapse hazard,
underground hazard (XCD) and products completed hazard, with limits not less than
AGENDA ITEM #8. h)
ORDINANCE NO. ________
41
five million dollars ($5,000,000) for each occurrence and with limits not less than
five million dollars ($5,000,000) in the aggregate for bodily injury or death to each
person, property damage, or any other type of loss;
B. Automobile liability for owned, non-owned and hired vehicles with a limit of two
million dollars ($2,000,000) for each person and two million dollars ($2,000,000) for
each accident;
C. Workers’ compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
D. Pollution legal liability shall be in effect throughout the entire Franchise Term, with a
limit not less than five million dollars ($5,000,000) for each occurrence, and in the
aggregate to the extent such coverage is reasonably available in the marketplace for
any pollution condition or occurrence.
23.2 Claims Made Basis: If coverage is purchased on a “claims made” basis, then
Franchisee warrants continuation of coverage, either through policy renewals or the purchase
of an extended discovery period, if such extended coverage is available, for not less than three
(3) years from the date of termination of this Franchise and/or conversion from a “claims
made” form to an “occurrence” coverage form.
23.3 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
AGENDA ITEM #8. h)
ORDINANCE NO. ________
42
23.4 Additional Insured: Renton, its officers, officials, employees, agents and
volunteers shall be named as an additional insured on the commercial general liability and
automobile liability insurance policies, as respects to work performed by or on behalf of
Franchisee and the endorsement naming Renton as additional insured shall be indicated on the
Certificate of Insurance or certification of self-insurance.
23.5 Primary Insurance: Franchisee’s insurance shall be primary insurance with
respect to Franchisee’s negligence. Any insurance maintained by Renton shall be in excess of
Franchisee’s insurance and shall not contribute with it. Franchisee shall give Renton thirty (30)
calendar days’ prior written notice by certified mail, return receipt requested, of cancellation in
coverage.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall contain a general endorsement that the above described
policies will not be canceled before the expiration date thereof, without the issuing company
endeavoring to mail thirty (30) calendar days’ prior written notice to the certificate holder. In
the event of cancellation or a decision not to renew, Franchisee shall obtain and furnish to
Renton evidence of replacement insurance policies meeting the requirements of this Section
before the cancellation date.
23.7 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self-insurance required by this section upon
acceptance of this Franchise. The certificates and endorsements shall be signed by a person
authorized by the insurer to bind coverage on its behalf and must be received by Renton prior
to the commencement of any Work.
AGENDA ITEM #8. h)
ORDINANCE NO. ________
43
23.8 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.9 Self-Insurance: In addition to the foregoing insurance /self-insurance
requirements, Franchisee may also insure or self-insure against additional risks in such amounts
as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton
with sufficient evidence that such self-insurance is being so maintained.
23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV. Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and employment,
neither Franchisee, nor its employees or representatives, shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age
(except minimum age and retirement provisions), honorably discharged veteran or military
status, or the presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in employment or
application for employment or in the administration of the delivery of services or any other
benefits under this Franchise. Franchisee shall comply fully with all applicable Laws that
prohibit such discrimination. Franchisee shall endeavor to include a copy of this language, or
AGENDA ITEM #8. h)
ORDINANCE NO. ________
44
language designed to achieve the same intent and purpose, in its vendor agreements for
contractors working on behalf of Franchisee within the Franchise Area.
SECTION XXV. Notice
25.1 Whenever notice to or notification by any party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or
permitted to be given to the Parties under this Franchise may be sent to following Addresses
unless otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98055
Phone: (425) 430-7311
Company Address:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attention: Lease Compliance
Site No: SE04631E
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e-mail or certified mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed
AGENDA ITEM #8. h)
ORDINANCE NO. ________
45
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
SECTION XXVI. Miscellaneous
26.1 As Is: Franchisee’s agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights-of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
26.3 Assignment: Franchisee may not assign or transfer this Franchise without the
written consent of the City Council of Renton, which consent shall not be unreasonably
withheld. Notwithstanding anything to the contrary herein, Franchisee may, without consent,
but with notice to Renton within thirty (30) calendar days of such assignment, assign this
Franchise to an affiliated entity or to an entity that acquires more than fifty-percent (50%) of
Franchisee’s assets in the market (as that term is defined by the Federal Communications
Commission) where the Franchise Area is located. Any assignee or transferee shall, at least
thirty (30) calendar days prior to the date of any assignment or transfer, file written notice of
the assignment or transfer with Renton, together with its written acceptance of all of the
AGENDA ITEM #8. h)
ORDINANCE NO. ________
46
Franchise terms and conditions. Franchisee shall have the privilege, without such notice or
such written acceptance, to mortgage its benefits and privileges in and under this Franchise to
the trustee for its bondholders. The Franchise terms and conditions shall be binding upon the
Parties' respective assigns and successors.
26.4 Attorneys’ Fees: If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
its Costs, including such sum as the Court may judge as reasonable for attorneys' fees, costs,
expenses and attorneys' fees upon appeal of any judgment or ruling.
26.5 Conflicts: If there is a conflict between this and any previous agreement between
the Parties with respect to the Franchise Area, the terms of this Franchise shall supersede the
terms of the previous agreement.
26.6 Contractors (of any tier): Franchisee’s Contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its Contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s Contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise Agreement.
26.7 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation. In determining the Facilities’ value, no
value shall be attributed to the right to occupy the Franchise Area.
26.8 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occurrence
AGENDA ITEM #8. h)
ORDINANCE NO. ________
47
Franchisee shall promptly perform the affected obligations in an orderly and expedited manner
under this Franchise or procure a substitute for such obligation or performance that is
satisfactory to Renton. Franchisee shall not be excused by mere economic hardship or by
misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee’s
reasonable control include, but are not limited to, Acts of God, war, acts of domestic terrorism
or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions and extreme weather
conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize
any delay caused by a Force Majeure Event.
26.9 Intentionally Omitted
26.10 Franchisee’s Acceptance: Renton may void this Franchise Ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) calendar days from
the final passage of same by the Renton City Council. Franchisee shall file this acceptance with
the City Clerk of the City of Renton.
26.11 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.12 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington or in the King County Superior Court for the State
of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.13 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
AGENDA ITEM #8. h)
ORDINANCE NO. ________
48
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee
Franchisee’s Work. This Franchise is not intended to acknowledge, create, imply or expand any
duty or liability of Renton with respect to any function in the exercise of its police power or for
any other purpose. Any duty that may be deemed to be created in Renton by this Franchise
shall be deemed a duty to the general public and not to any specific party, group or entity.
26.14 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved tariff(s) affecting the provision of this Franchise.
26.15 Other Obligations: This Franchise shall not alter, change or limit Franchisees
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
26.16 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including
the right to create new Laws or modify existing Laws.
26.17 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during
regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records
Act).
AGENDA ITEM #8. h)
ORDINANCE NO. ________
49
26.18 Remedies Cumulative. Any remedies provided for under the terms of this
Franchise are not intended to be exclusive, but shall be cumulative with all other remedies
available to at law, in equity, or by statutes, unless specifically waived in this Agreement or in a
subsequent signed document.
26.19 Section Headings: The section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.20 Severability: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties
shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.21 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to the
extent such an inference is necessary to prevent substantial injustice to an injured party.
AGENDA ITEM #8. h)
ORDINANCE NO. ________
50
26.22 Third Parties: The Parties do not create any obligation or liability, or promise any
performance to, any third party, nor have the Parties created any third party right to enforce
this Franchise beyond what is provided for by Laws. Third parties are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any third party to either Party.
26.23 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
26.24 Waiver of Workers’ Compensation Immunity: Franchisee waives its Worker’s
Compensation immunity under RCW Title 51 in any cases involving Renton and affirms that
Renton and Franchisee have specifically negotiated this provision, to the extent it may apply.
SECTION XXVII. Effective Date
This ordinance shall be in full force and effect from and after its passage, approval, and five (5)
calendar days after its legal publication as provided by law, and provided it has been duly
accepted by Franchisee.
PASSED BY THE CITY COUNCIL this _______ day of __________________, 2016.
___________________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of __________________, 2016.
__________________________________
Denis Law, Mayor
Approved as to form:
AGENDA ITEM #8. h)
ORDINANCE NO. ________
51
_________________________________
Lawrence J. Warren, City Attorney
Date of Publication: _______________.
ORD:1897:12/2/15:scr
AGENDA ITEM #8. h)
52
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above-granted franchise, subject
to all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 2016.
T-MOBILE WEST LLC,
A DELAWARE LIMITED LIABILITY COMPANY
____________________________________
By: _______________________
____________________________________
Its: _________________________
AGENDA ITEM #8. h)
Attachment 1
[Map of entire City to be inserted]
AGENDA ITEM #8. h)
AB - 1706
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: City Hall Roof Restoration
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Jeffrey Minisci, Facilities Manager
EXT.: 6643
FISCAL IMPACT SUMMARY:
This roof restoration project would be paid for from the City Hall account in 504. Project cost will be
$208,135.05. Facilities will be able to absorb the difference within the overall 504 budget without doing
another budget adjustment.
SUMMARY OF ACTION:
The City Hall building has been challenged with several leaks over the winter. These leaks were caused by
conditions associated with the existing roofing system reaching the end of its serviceable life. The roof related
deficiencies are expected to continue and even worsen until a long-term solution is performed. There are a
couple solutions open to the City:
1. Complete roof replacement that would provide the City between 20 -30 years of serviceable life. Due to
the location and logistics of performing a full roof replacement on a building like Renton City Hall, it is
anticipated that construction schedule would be in excess of 6 weeks. The cost estimate for a project
of this magnitude is between $400,000 - $500,000.
2. Perform a complete roof restoration system that would provide the City 15-20 years of serviceable life.
A construction schedule would be anticipated between 4-5 weeks and would cost $208,135.05
Roof restoration solutions operate in a window, meaning that a roof restoration is not a viable optio n after a
roof deteriorates past a certain point. The City Hall roof has been balancing on the edge of this window for the last
12 -18 months, and if not completed this summer, it would ultimately miss the window of opportunity for repair.
Subsequently leaving only a full roof replacement as a future long-term solution. It is recommended that the City
capitalize on the restoration option and that it is performed in the Summer of 2016 to prevent any further water
intrusion and deterioration of the roof at City Hall.
EXHIBITS:
A. City Hall Roof Restoration Bid FORMA
STAFF RECOMMENDATION:
Approve the City Hall Roof Restoration, and authorize the Mayor and City Clerk to sign the contract.
AGENDA ITEM #8. i)
CONTENTS
CITY OF RENTON
JOB ORDER CONTRACTING
proposal No
date:
contractor contact:
phone:
email:
rev. No
FORMA CONSTRUCTION COMPANY
1016 1ST AVE SOUTH #400 SEATTLE WA 98134 206.626.0256
AGENDA ITEM #8. i)
Section 2: Work Order Proposal
CAG-13-149
Work Title:112
Location:
Requesting Agency:
Date of Proposal:
Completion Schedule:JOC Firm:
CSI Bare Cost
Total
City Cost
Index
Contractor
Coefficient
Division Total
Price
1 $58,293.70 1.038 1.040 62,929.22
2 $1,374.80 1.038 1.040 1,484.12
3 $2,077.80 1.038 1.040 2,243.03
4 $103,219.00 1.038 1.040 111,426.97
5 Repair all Pitch Pockets & Damaged Roofing were Walking pads were Removed $3,757.80 1.038 1.040 4,056.62
6 Torch Repairs $7,353.00 1.038 1.040 7,937.71
7 0.00
8 0.00
9 0.00
10 0.00
11 0.00
12 0.00
13 0.00
14 0.00
15 0.00
16 0.00
190,077.67$
Item
No Units Qty Unit Mat'l
Price Labor Hours Unit Labor
Price
Item Price (Incl.
negot. Coeff.)
1 0 -$ 0 -$ -$
2 0 -$ 0 -$ -$
3 0 -$ 0 -$ -$
4 0 -$ 0 -$ -$
-$
$190,077.67
$18,057.38
$208,135.05
Labor
General Requirements
New Roof Pads
Pressure Wash and Clean Roof
Prime and 2 Coats over Entire Roof
Total Funding Amount
Work Item Description Include type of material,
manufacture name, part number, type of work…
6/9/2016
Materials
Total of all items listed is Price Book
Work Order Items Not Listed in Unit Price Book
Notes: 1. This Work Order
Total of all items not listed in Price Book
Date:
Project Manager
Denis Law, Mayor
Job Order Contract:
Community Services
Project Number:Renton City Hall Roof Restroration
City Hall Work Order No.:
JOC Contractor
Approval Signatures:
Total Work Order Amount
Washington State Sales Tax (9.5% City of Renton)
Modification No.:
Description of Work: Additional information can be found on the attached Work Order Plan
CSI Summary of Work Order Items Listed in Unit Price Book
CSI Division Description
Attest: Jason Seth, City Clerk
6/9/2016
Make repairs to damaged roof and provide the White Knight Plus Roof Restoration Coating over the existing roof at the Renton City Hall Building.
FORMA Construction Company
AGENDA ITEM #8. i)
Jeff Minisci Renton City Hall Roof Restoration FORMA CONSTRUCTION
6/9/2016 1 of 2
Hier4Level
4 Item Item Takeoff Labor Mat Equip Grand
Code Code Description Note Qty Unit Total Total Total Total
General
01412650 0020 Permits rule of thumb, most cities, minimum price includes fees from subs for procuring permits 150,000.0 %Job 750.00
and time time spent.
01562650 0200 Temporary fencing, chain link, rented up to 12 months, 6' high, 11 ga, to 1000'Temp fence to protect equipment.240.0 LF 364.80 693.60 1,058.40
01543340 2300A Rent electric generator gas engine 10 kW - Hourly operating cost Need power to site 80.0 hour 724.00 724.00
01543340 2300B Rent electric generator gas engine 10 kW - Rent per day Need power to site 10.0 days 385.00 385.00
01543340 6410A Rent toilet portable chemical - Hourly operating cost 2 toilets one south one north 80.0 hour 10.40 10.40
01543340 6410B Rent toilet portable chemical - Rent per day 2 toilets one south one north 10.0 days 215.00 215.00
01543340 6410E Rent toilet portable chemical - Crew daily cost 2 toilets one south one north 10.0 days 138.50 138.50
01543360 0200A Rent crane climbing 106 foot jib, 6,000 lb 410 fpm - Hourly operating cost Crane to get materials to roof 8.0 hour 318.80 318.80
01543360 0200B Rent crane climbing 106 foot jib, 6,000 lb 410 fpm - Rent per day Crane to get materials to roof 1.0 days 1,675.00 1,675.00
01543360 0200E Rent crane climbing 106 foot jib, 6,000 lb 410 fpm - Crew daily cost Crane to get materials to roof 1.0 days 1,331.00 1,331.00
01741320 0052 Cleaning up, cleanup of floor area, continuous, per day, during construction Daily cleanup 20.0 Msf 860.00 44.60 77.60 982.20
01741320 0100 Cleaning up, cleanup of floor area, final by GC at end of job Fianl clean 20.0 Msf 1,110.00 37.40 116.00 1,263.40
02411920 0300 Selective demolition, dump charges, typical urban city, rubbish only, includes tipping Dump fees 10.0 ton 700.00 700.00
fees only
02411919 0725 Selective demolition, rubbish handling, dumpster, 20 C.Y., 5 ton capacity, weekly Debrie and roofing materials 2.0 week 1,130.00 1,130.00
rental, includes one dump per week, cost to be added to demolition cost
01543650 1200 Mobilization or demobilization, delivery charge for small equipment, placed in rear of,Mob and Demob for fence rental and Portable 4.0 EA 394.00 156.00 550.00
or towed by pickup truck bathrooms 2 each
01543650 1400 Mobilization or demobilization, delivery charge for equipment, hauled on 20-ton Mob and demob crane 2.0 EA 740.00 472.00 1,212.00
capacity towed trailer
22010220 1140 Labor adjustment factor, general, 25' to 29.5' high, to labor for elevated installation,131,000.0 %45,850.00 45,850.00
add
General Total 49,318.80 2,605.60 5,619.30 58,293.70
New roof pads
07543010 0240 Ketone ethylene ester roofing, accessories, walkway pad Walking Pads 2 SF each 280.0 SF 232.40 1,142.40 1,374.80
New roof pads Total 232.40 1,142.40 1,374.80
Pressure wash and clean roof.
01311320 0160 Field personnel, general purpose laborer, average Two men needed one to run steamer amd one to 1.0 week 1,525.00 1,525.00
scrub roof substrate.
Will run two pressure washers equaling 4 men 2 days
01543340 6310A Rent steam cleaner 200 gph - Hourly operating cost Two men needed one to run steamer amd one to 32.0 hour 172.80 172.80
scrub roof substrate.
Will run two pressure washers equaling 4 men 2 days
01543340 6310B Rent steam cleaner 200 gph - Rent per day Two men needed one to run steamer amd one to 4.0 days 380.00 380.00
scrub roof substrate.
Will run two pressure washers equaling 4 men 2 days
Pressure wash and clean roof. Total 1,525.00 552.80 2,077.80
Prime and 2 Coat entire roof.
07135310 3300 Elastomeric sheet waterproofing, bitumen modified polyurethane, 55 mils thick, fluid 20,500 flat 2,800 parapit 23.300.23,300.0 SF 23,300.00 21,436.00 44,736.00
applied
07561010 0030 Elastomeric roofing, acrylic, 44% solids, on foam or modified bitumen, 2 coats 20,500 flat 2,800 parapit 23.300.23,300.0 SF 10,252.00 20,737.00 30,989.00
07561010 0080 Elastomeric roofing, primer, on foam or modified bitumen, 2 coats, if required 20,500 flat 2,800 parapit 23.300.23,300.0 SF 10,252.00 17,242.00 27,494.00
Prime and 2 Coat entire roof. Total 43,804.00 59,415.00 103,219.00
Repair all pitch pockets and damaged roofing were walk pads were removed
07050510 0020 Selective demolition, thermal and moisture protection, caulking/sealant, to 1" x 1" joint Approx 40 pitch pocket locations to be repaired 80.0 LF 40.80 40.80
07050510 3370 Selective demolition, thermal and moisture protection, roofing, modified bitumen Best fit for 40 pitch pocket repairs.Best fit for Walking 3.0 sq 177.00 177.00
pad removal Approx 140 pads to be removed carefully
as to not damage roofing underneath.
07561010 0080 Elastomeric roofing, primer, on foam or modified bitumen, 2 coats, if required 3000 SF of pitch pocket repair area includes some 3,000.0 SF 1,320.00 2,220.00 3,540.00
damage repairs where walking pads where removed.
Repair all pitch pockets and damaged roofing were walk pads were removed 1,537.80 2,220.00 3,757.80
Total
Torch repairs
07050510 3370 Selective demolition, thermal and moisture protection, roofing, modified bitumen Clean up repair areas 12.0 sq 708.00 708.00
07135310 3300 Elastomeric sheet waterproofing, bitumen modified polyurethane, 55 mils thick, fluid 1500 SF of torch repairs.1,500.0 SF 1,500.00 1,380.00 2,880.00
applied
07561010 0030 Elastomeric roofing, acrylic, 44% solids, on foam or modified bitumen, 2 coats 1500 SF of torch repairs.1,500.0 SF 660.00 1,335.00 1,995.00
07561010 0080 Elastomeric roofing, primer, on foam or modified bitumen, 2 coats, if required 1500 SF of torch repairs.1,500.0 SF 660.00 1,110.00 1,770.00
Torch repairs Total 3,528.00 3,825.00 7,353.00
Grand Total 99,946.00 69,208.00 6,172.10 176,076.10
Renton City Cost Index 6,691
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Jeff Minisci Renton City Hall Roof Restoration FORMA CONSTRUCTION
6/9/2016 2 of 2
Subtotal 182,767
Renton Coefficient +1.04 7,311
Total Estimate 190,078
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PROJECT: Renton City Hall Roof Repair & Restoration
Location: 1055 S Grady Way June 8, 2016
Renton, WA 98057
Estimated duration:
• 5 Weeks Construction
• 1 Week Punch list/Demob
Description: Make repairs to damaged roof and provide the White Knight Plus Roof Restoration Coating over the
existing roof at the Renton City Hall Building.
General information
• The performance of all work will be in accordance with OSHA and WISHA safety requirements. Work in
accordance with applicable construction and buildings codes.
• The project start date will depend on award notice to proceed
• All construction debris will be cleaned up during construction; all debris shall be disposed of off-site.
• Final cleaning of the site to remove any remaining debris or materials shall be accomplished at the
conclusion of the project.
• This is a prevailing wage project.
Work Plan
• Roofing
o Torch repair approx. 15 sq. of area noted by Garland. (Does not include any damage areas as a
result of result of the walk-pad removal.)
o Prime all areas with Garla Prime before making torch repairs.
o Fill all existing pitch pockets with Garlands Seal Tite where necessary or caulk with Tuff Stuff
and install one coat of White Knight Plus.
o Remove all of the existing walk-pads and properly dispose of.
o Furnish and install torch repairs to any damaged areas as a result of the walk-pad removal.
o Power -wash existing roof systems in dry furnish and install a base coat of white Knight Plus at a
rate of two (2) gallons per square.
o Once the existing roof system is dry furnish and install a base coat of white Knight Plus at a rate
of two gallons per sq.
o Once the base coat is dry furnish and install a top coat of white knight plus at a rate of two (2)
gallons per square.
o Furnish and install reinforcement polyester 12” around each existing roof drain. The reinforcement
polyester will be fully embedded into the white Knight Plus coating.
o Furnish and install one coat of White Knight Plus as close to two (2) gallons per sq. without
running occurring.
o Furnish and install a second 12” wide coat of white Knight Plus at all vertical seams.
o Furnish and install Tuff stuff caulking to all coping joints.
o Furnish and install TrafGurd pad adhesive where existing walk-pads have been removed. (walk-
pads installation will be done after the coating)
Exclusions
o Our proposal excludes any scope of work other than that specifically listed.
AGENDA ITEM #8. i)
o This proposal does not include any project management or supervision by Forma Construction and
is considered a pass through to the city, the city will assume all project management of this
project.
o Any change orders that have to be priced will incur project management time to put them together
AGENDA ITEM #8. i)
AB - 1705
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Waiver of fees during 2016 Renton River Days
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Sonja Mejlaender, Community Relations/Events Coordinator
EXT.: 6514
FISCAL IMPACT SUMMARY:
Fee waiver of approximately $20,000.00 for all park use, facility use and permit fees for activities endorsed by
the Renton River Days Board of Directors.
SUMMARY OF ACTION:
The 31st Annual Renton River Days Community Festival will run from July 22 through July 24, 2016. The
Renton River Days Board of Directors is requesting fee waivers for use of City facilities during the 2016 festival.
Council has previously authorized fee waiver requests for this event since 1986.
In the past, it has been the policy of the City to waive all park use, facility use and permit fees for activities
endorsed by the Renton River Days Board of Directors. Each Renton River Days event and activit y will still be
subject to review and approval by the appropriate City departments, such as but not limited to, inspection of
food booths and large shade tents (Renton Fire Authority), street closures for the Parade route (Public
Works/Transportation) and hanging festival banners (Public Works/Street and Sign Shops).
EXHIBITS:
A. 2016 RRD Fee Waiver Reduction Request Form
B. 2016 RRD letter Waiver of Fees Request Renton City Council
STAFF RECOMMENDATION:
Recommend approval to waive all fees and charges associated with the 2016 Renton River Days Community
Festival.
AGENDA ITEM #8. j)
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AB - 1696
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: AFSCME Local 2170, 2016-2018 contract approval
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
See below
SUMMARY OF ACTION:
The City and the American Federation of State, County, and Municipal Employees (AFSCME) began bargaining
for a successor Collective Bargaining Agreement to the 2016-2018 Agreement, on October 20, 2015, and
reached a tentative agreement on May 26, 2016. Th e parties had also engaged in coalition bargaining with
other city unions in mid-2016 regarding health insurance issues. Since employees now pay a percentage of the
total cost of the plan, i.e., 8%, the only change was to increase the employee premium to 9 % in 2020.
The major economic issues focused on salary and the parties tentatively agreed to the following:
1) The parties agreed to a three (3) year agreement from 2016 -2018.
2) Effective January 1, 2016, salaries shall be increased by 2% over the existing salaries of 2015.
3) Effective January 1, 2017, salaries shall be increased by 2.5%.
4) Effective January 1, 2018, salaries shall be increased by 2.5%.
5) The city agreed to increase standby pay from the current rate of $2.50 per hour to $2.75 in 201 7 and $2.90
in 2018. This increase reflects market standards.
6) A new longevity step at 7% was added for employees with 30 years or more of service.
7) A salary survey by a committee of union and HR representatives will be completed by July 1, 2017,
whereupon any negotiated changes necessary to the AFSCME salary plan shall become effective January 1,
2018.
AFSCME Local 2170 ratified the tentative agreement between the parties on June 29, 2016. The Renton Fire
Authority (RFA) and AFSCME Local 2170 approved the agreement via a Memorandum of Agreement (MOU).
EXHIBITS:
AFSCME contract 2016-2018, changes indicated in redline
STAFF RECOMMENDATION:
Adopt the Agreement between the Parties, which is the AFSCME Local 2170 contract for 2016 -2018, and
authorize the Mayor and City Clerk to sign. Also, in keeping with past tradition, that all regular non -
AGENDA ITEM #8. k)
represented employees are granted the same bonus and wage increases that have been recommended for
AFSCME.
AGENDA ITEM #8. k)
Page 1
AGREEMENT
By and Between
CITY OF RENTON
and
LOCAL 2170,
WASHINGTON STATE COUNCIL OF COUNTY AND
CITY EMPLOYEES
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL
EMPLOYEES, AFL‐CIO
January 1, 2013 2016 – December 31, 20152018
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 2
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 3
TABLE OF CONTENTS
PREAMBLE ............................................................................................................ 149
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT ............................................ 149
1.1. Union Recognized .............................................................................. 149
1.2. Excluded Positions ........................................................................... 1611
1.3. New Positions .................................................................................. 1611
1.4. Executive Board Meetings ............................................................... 1611
1.5. Job Classification Changes ............................................................... 1712
1.6. Reclassification Reviews .................................................................. 1712
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION ............................... 1813
2.1. Payroll Deduction ............................................................................ 1813
2.2. PAC Program ................................................................................... 1914
2.3. Hold Harmless Agreement .............................................................. 1914
2.4. Refunds ........................................................................................... 1914
2.5. New Employees ............................................................................... 2015
2.6. Union Officer List ............................................................................. 2015
ARTICLE 3 – HOURS OF WORK ........................................................................... 2015
3.1. Work Week ...................................................................................... 2015
3.2. Work Day ......................................................................................... 2116
3.3. Work Schedules ............................................................................... 2116
3.4. Meal and Rest Periods ..................................................................... 2217
3.5. Clean‐Up Time ................................................................................. 2318
ARTICLE 4 –OVERTIME ....................................................................................... 2419
4.1. Overtime ......................................................................................... 2419
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 4
4.2. Call‐back Pay ................................................................................... 2621
4.3. Extended Overtime ......................................................................... 2722
4.4. Shift Differential .............................................................................. 2822
4.5. Standby ........................................................................................... 2823
4.6. Uniform Allowance .......................................................................... 2923
4.7. Acting Pay ........................................................................................ 2924
ARTICLE 5 – SICK LEAVE ...................................................................................... 2924
5.1. Sick Leave Accrual ........................................................................... 2924
5.2. Sick Leave Cash Out ......................................................................... 3025
5.3. Long Term Disability Plan ................................................................ 3125
5.4. Notification Requirements .............................................................. 3126
5.5. Abuse of Sick Leave ......................................................................... 3226
ARTICLE 6 – HOLIDAYS ....................................................................................... 3226
6.1. Observed Holidays ........................................................................... 3227
6.2. Holiday Pay ...................................................................................... 3328
6.3. Holidays Falling on Scheduled Day Off ............................................ 3429
6.4. Holidays Falling on Weekends ......................................................... 3529
6.5 Regular Part‐time ............................................................................ 3530
6.6. Personal Holiday Use/Cash Out ....................................................... 3530
ARTICLE 7 – VACATIONS ..................................................................................... 3630
7.1. Accrual Rate .................................................................................... 3630
7.2. Maximum Vacation Accumulation .................................................. 3631
7.3. Vacation Requests ........................................................................... 3731
7.4 Cash Out Upon Separation ............................................................. 3731
ARTICLE 8 – BEREAVEMENT LEAVE .................................................................... 3732
ARTICLE 9 – INSURANCES ................................................................................... 3832
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 5
Definitions: ...................................................................................................... 3832
9.1. Health Insurance ............................................................................. 3833
9.2. Life Insurance .................................................................................. 4236
9.3. Federal/State Healthcare Options ................................................... 4236
9.4. COBRA ............................................................................................. 4236
ARTICLE 10 – JURY DUTY .................................................................................... 4236
ARTICLE 11 – EDUCATION AND CONFERENCE ................................................... 4337
11.1. Time Off and Financial Reimbursement .......................................... 4337
11.2. Valid Business Expenses .................................................................. 4337
11.3. Access to Training ............................................................................ 4338
ARTICLE 12 – SALARIES ...................................................................................... 4438
12.1. Salaries ............................................................................................ 4438
12.2. Step Increases ................................................................................. 4538
ARTICLE 13 ‐ LONGEVITY .................................................................................... 4539
13.1. Longevity Pay Calculation ................................................................ 4539
13.2. Longevity Pay Date .......................................................................... 4539
ARTICLE 14 – DEFERRED COMPENSATION ......................................................... 4640
ARTICLE 15 – PAY PERIOD .................................................................................. 4640
ARTICLE 16 – MANAGEMENT RIGHTS ................................................................ 4740
ARTICLE 17 – UNION ACTIVITIES ........................................................................ 4841
17.1. Paid Release Time ........................................................................... 4841
17.2. Facility Access .................................................................................. 4842
17.3. Union Communication .................................................................... 4942
17.4. Training Time ................................................................................... 4942
17.5. Negotiations .................................................................................... 4943
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 6
ARTICLE 18 – LABOR/MANAGEMENT COMMITTEE ........................................... 4943
ARTICLE 19 – WORK STOPPAGES AND EMPLOYER PROTECTION ....................... 5044
19.1. Uninterrupted City Services ............................................................ 5044
19.2. Work Stoppage ................................................................................ 5144
19.3. Disciplinary Action for Work Stoppage ............................................ 5145
ARTICLE 20 – NON‐DISCRIMINATION ................................................................. 5145
ARTICLE 21 – RECRUITMENT AND SELECTION PROCESS .................................. 5245
21.1. Posting of Vacancies ........................................................................ 5245
21.2. Selection Process ............................................................................. 5346
21.3. Eligible Candidate Pool .................................................................... 5347
21.4. Promotional Opportunities ............................................................. 5447
ARTICLE 22 – PROBATIONARY PERIOD ............................................................... 5548
22.1. 12‐Month Probationary Period ....................................................... 5548
22.2. 6‐Month Probationary Period ......................................................... 5548
ARTICLE 23 – GRIEVANCE PROCEDURE .............................................................. 5549
23.1. Definition ......................................................................................... 5549
23.2. Grievance Process ........................................................................... 5649
23.3. Employer Grievance ........................................................................ 5852
23.4. Grievance Documentation .............................................................. 5952
23.5. Grievance Timelines ........................................................................ 5952
ARTICLE 24 – HEALTH, SAFETY AND PRODUCTIVITY .......................................... 5953
24.1. Quality and Safety of Work ............................................................. 5953
24.2. Working Conditions ......................................................................... 5953
24.3. Rain Gear ......................................................................................... 6053
24.4. Custodial Services ............................................................................ 6053
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 7
24.5. Safety Shoes .................................................................................... 6054
ARTICLE 25 – SAVINGS CLAUSE .......................................................................... 6054
ARTICLE 26 – ENTIRE AGREEMENT .................................................................... 6154
ARTICLE 27 – PRIORITY OF FEDERAL, STATE AND CITY LAWS ............................ 6155
ARTICLE 28 – VOLUNTEERS ................................................................................ 6255
ARTICLE 29 – DISCIPLINE .................................................................................... 6256
29.1 Discipline ......................................................................................... 6256
29.2 Demotion ........................................................................................ 6357
ARTICLE 30 – LEAVE DONATION ........................................................................ 6357
ARTICLE 31 – LAYOFF AND RECALL .................................................................... 6457
31.1. Layoff and Recall ............................................................................. 6457
31.2. Definitions ....................................................................................... 6458
31.3. Departmental Review ...................................................................... 6660
31.4. Human Resources Risk Management Review ................................. 6761
31.5. Notice of Layoff ............................................................................... 6962
31.6. Bumping Rights ............................................................................... 6962
31.7. Recall Rights .................................................................................... 7063
ARTICLE 32 – FINGERPRINTING .......................................................................... 7467
ARTICLE 33 – DURATION OF AGREEMENT ......................................................... 7669
APPENDIX A – AFSCME CLASSIFICATIONS IN ALPHABETICAL ORDER (with Job
Grades) ............................................................................................................... 7870
APPENDIX B – SALARY INDEX FOR 2016 ............................................................. 8072
APPENDIX C – SALARY REVIEW .......................................................................... 8977
APPENDIX D – INDEX .......................................................................................... 9177
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 8
PREAMBLE ...................................................................................................... 9
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT ..................................... 9
1.1. Union Recognized .......................................................................... 9
1.2. Excluded Positions ....................................................................... 10
1.3. New Positions .............................................................................. 11
1.4. Executive Board Meetings ........................................................... 11
1.5. Job Classification Changes ........................................................... 11
1.6. Reclassification Reviews .............................................................. 12
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION ........................ 13
2.1. Payroll Deduction ........................................................................ 13
2.2. PAC Program ................................................................................ 13
2.3. Hold Harmless Agreement ........................................................... 14
2.4. Refunds ........................................................................................ 14
2.5. New Employees ........................................................................... 14
2.6. Union Officer List ......................................................................... 15
ARTICLE 3 – HOURS OF WORK ...................................................................... 15
3.1. Work Week .................................................................................. 15
3.2. Work Day ..................................................................................... 15
3.3. Work Schedules ........................................................................... 15
3.4. Meal and Rest Periods ................................................................. 17
3.5. Clean‐Up Time ............................................................................. 18
ARTICLE 4 –OVERTIME .................................................................................. 18
4.1. Overtime ...................................................................................... 18
4.2. Call‐back Pay ................................................................................ 21
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 9
4.3. Extended Overtime ...................................................................... 21
4.4. Shift Differential........................................................................... 21
4.5. Standby ........................................................................................ 22
4.6. Uniform Allowance ...................................................................... 22
4.7. Acting Pay .................................................................................... 22
ARTICLE 5 – SICK LEAVE ................................................................................ 23
5.1. Accrual ......................................................................................... 23
5.2. Sick Leave Cash Out ..................................................................... 24
5.3. Long Term Disability Plan ............................................................ 24
5.4. Notification Requirements .......................................................... 24
5.5. Abuse of Sick Leave ..................................................................... 25
ARTICLE 6 – HOLIDAYS .................................................................................. 25
6.1. Observed Holidays ....................................................................... 25
6.2. Holiday Pay .................................................................................. 26
6.3. Holidays Falling on Scheduled Day Off ........................................ 27
6.4. Holidays Falling on Weekends ..................................................... 28
6.5 Regular Part‐time ......................................................................... 28
6.6. Personal Holiday Use/Cash Out ................................................... 28
ARTICLE 7 – VACATIONS ............................................................................... 29
7.1. Accrual Rate ................................................................................. 29
7.2. Maximum Vacation Accumulation............................................... 29
7.3. Vacation Requests ....................................................................... 30
ARTICLE 8 – BEREAVEMENT LEAVE .............................................................. 30
ARTICLE 9 – INSURANCES ............................................................................. 30
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 10
Definitions: ................................................................................................. 30
9.1. Health Insurance .......................................................................... 31
9.2. Life Insurance ............................................................................... 34
9.3. Federal/State Healthcare Options ............................................... 34
9.4. COBRA .......................................................................................... 34
ARTICLE 10 – JURY DUTY .............................................................................. 35
ARTICLE 11 – EDUCATION AND CONFERENCE ............................................. 35
11.1. Time Off and Financial Reimbursement ...................................... 35
11.2. Valid Business Expenses .............................................................. 36
11.3. Access to Training ........................................................................ 36
ARTICLE 12 – SALARIES ................................................................................. 36
12.1. Salaries ......................................................................................... 36
12.2. Step Increases .............................................................................. 37
ARTICLE 13 ‐ LONGEVITY .......................................................................... 37
13.1. Longevity Pay Calculation ............................................................ 37
13.2. Longevity Pay Date ...................................................................... 37
ARTICLE 14 – DEFERRED COMPENSATION ................................................... 38
ARTICLE 15 – PAY PERIOD ............................................................................ 38
ARTICLE 16 – MANAGEMENT RIGHTS .......................................................... 38
ARTICLE 17 – UNION ACTIVITIES .................................................................. 39
17.1. Paid Release Time ........................................................................ 39
17.2. Facility Access .............................................................................. 40
17.3. Union Communication ................................................................. 40
17.4. Training Time ............................................................................... 40
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 11
17.5. Negotiations ................................................................................ 40
ARTICLE 18 – LABOR/MANAGEMENT COMMITTEE ..................................... 41
ARTICLE 19 – WORK STOPPAGES AND EMPLOYER PROTECTION ................ 41
19.1. Uninterrupted City Services ......................................................... 41
19.2. Work Stoppage ............................................................................ 42
19.3. Disciplinary Action for Work Stoppage ........................................ 42
ARTICLE 20 – NON‐DISCRIMINATION ........................................................... 43
ARTICLE 21 – RECRUITMENT AND SELECTION PROCESS ............................ 43
21.1. Posting of Vacancies .................................................................... 43
21.2. Selection Process ......................................................................... 44
21.3. Eligible Candidate Pool ................................................................ 45
21.4. Promotional Opportunities .......................................................... 45
ARTICLE 22 – PROBATIONARY PERIOD ........................................................ 46
22.1. 12‐Month Probationary Period ................................................... 46
22.2. 6‐Month Probationary Period ..................................................... 46
ARTICLE 23 – GRIEVANCE PROCEDURE ........................................................ 47
23.1. Definition ..................................................................................... 47
23.2. Grievance Process ........................................................................ 47
23.3. Employer Grievance ..................................................................... 49
23.4. Grievance Documentation ........................................................... 50
23.5. Grievance Timelines .................................................................... 50
ARTICLE 24 – HEALTH, SAFETY AND PRODUCTIVITY ................................... 50
24.1. Quality and Safety of Work .......................................................... 50
24.2. Working Conditions ..................................................................... 51
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 12
24.3. Rain Gear ..................................................................................... 51
24.4. Custodial Services ........................................................................ 51
24.5. Safety Shoes ................................................................................. 51
ARTICLE 25 – SAVINGS CLAUSE .................................................................... 52
ARTICLE 26 – ENTIRE AGREEMENT ............................................................... 52
ARTICLE 27 – PRIORITY OF FEDERAL, STATE AND CITY LAWS ..................... 53
ARTICLE 28 – VOLUNTEERS ........................................................................... 53
ARTICLE 29 – DISCIPLINE .............................................................................. 54
29.1 Discipline ...................................................................................... 54
29.2 Demotion ..................................................................................... 54
ARTICLE 30 – LEAVE DONATION ................................................................... 55
ARTICLE 31 – LAYOFF AND RECALL ............................................................... 55
31.1. Layoff and Recall .......................................................................... 55
31.2. Definitions ................................................................................... 55
31.3. Departmental Review .................................................................. 58
31.4. Human Resources Risk Management Review .............................. 58
31.5. Notice of Layoff ........................................................................... 60
31.6. Bumping Rights ............................................................................ 60
31.7. Recall Rights ................................................................................. 61
ARTICLE 32 ‐ DURATION OF
AGREEMENT…………………..……………………………………..65
APPENDIX A – AFSCME CLASSIFICATIONS IN ALPHABETICAL ORDER (with
Job Grades) ................................................................................................... 66
APPENDIX B – SALARY INDEX FOR 2013 ...................................................... 68
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 13
APPENDIX C – INDEX .................................................................................... 72
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 14
PREAMBLE
This Agreement is between the City of Renton (hereinafter called
the Employer) and Local 2170, Washington State Council of County
and City Employees, American Federation of State, County and
Municipal Employees, AFL‐CIO (hereinafter called the Union) for
the purpose of setting forth a mutual understanding of the parties
as to conditions of employment for those employees for whom the
Employer recognizes the Union as the exclusive collective
bargaining representative.
The Employer and the Union shall cooperate to provide the public
with efficient, cost‐effective, and courteous delivery of public
services, to encourage good attendance of employees, and to
promote a climate of labor relations that will aid in achieving a high
level of efficiency and productivity in all departments of City
government. The parties will work together to address and adapt
to the inevitable issues of change, to devise varying methods and
work procedures adapted to the changing circumstances of their
particular areas of responsibilities.
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT
1.1. Union Recognized
Pursuant to RCW 41.56.060 the Employer hereby recognizes the
Union as the exclusive bargaining representative for all limited
term, probationary and regular Renton City employees in those
classifications listed in Appendix A.
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Limited term employees have all rights under this contract with the
exception of bumping (see City Policy #330‐11, dated 10/15/2005).
If a limited term position is converted to a regular position, the
incumbent shall remain in the position and shall be converted as
well (and will be eligible for bumping rights). A limited term
employee shall have their time in the limited term position count
toward their overall classification and City seniority.
A regular employee who applies for and is appointed to a limited
term position shall have the right to return to their previous
classification should the limited term position not be converted to
regular status and there is a vacant position available in their
previous classification.
It shall be a condition of employment that all employees of the
Employer covered by this Agreement who are members of the
Union in good standing and those who are not members on the
execution date of this Agreement, on or before the thirtieth day
following the execution date of this Agreement, shall become and
remain members in good standing in the Union. It also shall be a
condition of employment that all employees covered by this
Agreement and hired on or after its execution date, on the thirtieth
day following the beginning of such employment, shall become and
remain members in good standing in the Union.
The Employer and the Union agree that the right of non‐association
of employees based on bona fide religious tenets or teachings of a
church or religious body of which such public employee is a
member shall be protected at all times and such public employees
shall pay such sum as is provided in RCW 41.56, “Chapter 59, Laws
of 1973”.
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1.2. Excluded Positions
The Union recognizes the following positions as being excluded
from the represented classifications listed in Appendix A:
1.2.1. All positions in the Human Resources & Risk
Management Department.
1.2.2. All clerical or secretarial positions designated as
“confidential” in each department. Only one
“confidential” designation will be allowed in each
department.
1.3. New Positions
Should it become necessary to establish a new job classification
within the bargaining unit during the term of this Agreement, the
City will create the classification. The salary for any new
classification within the bargaining unit shall be subject to
negotiations. The Union shall be notified of any newly created
classifications in the City, which are not recognized by other
bargaining units, including the City’s initial determination regarding
bargaining unit status.
Disagreements regarding the appropriateness of their inclusion or
exclusion from the bargaining unit will be referred to the Public
Employment Relations Commission for resolution.
1.4. Executive Board Meetings
The Union will provide a calendar of all regularly scheduled
Executive Board meetings for the next calendar year in December
of the preceding year to the Human Resources & Risk Management
Administrator.
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1.5. Job Classification Changes
Changes to existing position classifications and position
descriptions shall be provided to the Union president and secretary
ten (10) working days prior to the next regularly scheduled
Executive Board meeting. The Union shall respond to the changes,
in writing, within ten (10) working days of the meeting, unless an
extension is mutually agreed upon. If the Union’s written response
is not provided within the timeframe above, management may
move forward with the changes that have been submitted.
1.6. Reclassification Reviews
An employee may request a position review for proper
classification placement when the employee believes that there
has been significant change in duties and responsibilities of the
position. Reclassification reviews will be done in accordance with
City Policy #320‐05 (Request for Reclassification), as established
July 7, 2009, to the extent that such does not conflict with the
agreement. A Position Description Questionnaire (PDQ) form must
be fully completed and requires review by the employee’s
supervisor, the Division Director and the Department
Administrator.
The deadline for submittal of the PDQ to the employee’s supervisor
is May 1. The Department shall forward the request to the Human
Resources Department within 30 days of the initial request. If the
Department does not forward the request within 30 days, the
employee may submit the request directly to the Human Resources
Department to ensure the submission deadline is met. The Human
Resources Department will notify the employee within seven (7)
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working days of the receipt of the request. Requests submitted to
Human Resources by the July 1 deadline and subsequently
approved shall be included in the following year’s budget.
Those approved by the City Council shall have an effective date of
January 1 of that budget year. Any delays in the reclassification
process shall not affect the implementation date and all pay shall
be retroactive to January 1 of that budget year.
Any appeals will be reviewed by the Human Resources and Risk
Management Administrator for a final decision. Human Resources
will meet with the Union regarding salary placement of any revised
position(s).
Once a request to reclassify a position has been submitted and
reviewed, no further consideration will be given to reclassifying the
position for a twenty‐four (24) month period following submission.
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION
2.1. Payroll Deduction
The Employer agrees to deduct from the paycheck of each
employee, who has so authorized it, the regular monthly dues
uniformly required of members of the Union. The amounts
deducted shall be transmitted monthly to the Union on behalf of
the employees involved. Authorization by the employee shall be on
a form approved by the parties hereto and may be revoked by the
employee upon request.
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2.2. PAC Program
The Employer agrees to deduct from the wages of any employee
who is a member of the Union a PEOPLE deduction as provided for
in a written authorization. Such authorization must be executed by
the employee and may be revoked by the employee at any time by
giving written notice to both the Employer and the Union. The City
will allow AFSCME, Local 2170 the option to have funds deducted
from member’s paychecks twelve (12) times annually to allow
contributions to the AFSCME PAC program. The City will send a
check once a month to Washington State Council of County and
City Employees, AFSCME Council 2. The Employer agrees to remit
any deductions made pursuant to this provision to the Union
together with an itemized statement showing the name of each
employee from whose pay such deductions have been made and
the amount deducted during the period covered by the remittance.
2.3. Hold Harmless Agreement
The Union will indemnify, defend, and hold the Employer harmless
against any claims made and against any suit instituted against the
Employer on account of any actions by the Employer in
administering recognition, union membership and dues deduction.
2.4. Refunds
The Union agrees to refund to the Employer any amounts paid to it
in error on account of the check‐off provision upon presentation of
proper evidence thereof.
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2.5. New Employees
The Employer will furnish to the Local Union Treasurer the names
of all new employees in the bargaining unit as specified in Article 1,
Section 1.1, within five (5) working days of hire.
Newly hired employees shall be granted 30 minutes during their
orientation to meet with their Steward or another officer of the
Union.
2.6. Union Officer List
The Union agrees to furnish the Employer with a list of Union
Officers and Shop Stewards and to maintain such list in a current
status.
ARTICLE 3 – HOURS OF WORK
3.1. Work Week
The work week shall consist of seven (7) days beginning
immediately after 12:00 midnight on Saturday and ending at 12:00
midnight the following Saturday. The regular work week shall
consist of forty (40) hours, exclusive of lunch, within the work
week. Exceptions to this shall be alternative work schedules, and
work weeks which, when utilized, shall be reduced to writing and
signed off by the Employer, employee and the Union. The City or
the employee may discontinue alternative/flex work schedules and
work weeks in accordance with Article 3, Section 3.3.3.
Discontinuation of alternative/flex work schedules shall not require
the approval of the Union.
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3.2. Work Day
A regular work day shall consist of not more than ten (10) hours,
exclusive of lunch, unless otherwise provided for through an
agreed upon alternative work schedule.
3.3. Work Schedules
3.3.1. Normal Work Week – The normal work week shall be
five (5) consecutive days of not more than eight (8)
hours per day, Monday through Friday, exclusive of
the lunch period, except where the work day or work
week is different and accepted as a condition of
employment or mutually agreed upon in writing
between the Union, employee and the Employer.
3.3.2. Flextime and Alternative Work Schedules – Employees
may work flex‐time or alternative work schedules,
with prior supervisory approval. Flexible work
schedules shall be mutually agreed upon between the
Employer and the employee. All flex‐time and
alternative work schedules shall be reduced to writing
and signed off by the Employer, employee and the
Union. Flex‐time schedules, by example only, shall be
schedules that provide for daily or weekly adjustable
work hours. Alternative work schedules, by example
only, shall be schedules that allow for schedules other
than 5 consecutive days (Monday through Friday) of 8
hours work.
3.3.3. Schedule Changes – Work schedule changes may be
initiated by the Employer or the employee. When
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schedule changes of thirty (30) days or more are
initiated by the Employer, employees will receive
written notice of the change thirty (30) calendar days
prior to the effective date of the change. Except in
emergency situations and situations that are
unforeseen or unanticipated, employees will receive
written notice a minimum of two working days before
all other schedule changes initiated by the Employer.
If written notice is not received as outlined herein the
employee shall receive pay at one and one‐half (1½)
times their normal hourly rate for the first shift
worked on the new schedule. The City will not
manipulate work schedules for the sole purpose of
avoiding the payment of overtime.
Work schedule changes initiated by the employee may
take place immediately with the concurrence of the
supervisor, provided that the change does not create
an undue hardship in the department or disservice to
the public.
3.3.4. Consecutive Hours Worked – Employees shall not
work more than sixteen (16) consecutive hours during
any consecutive twenty‐four (24) hour period.
3.4. Meal and Rest Periods
3.4.1. Meal Period – There shall be an unpaid meal period of
not less than one‐half (1/2) hour nor more than one
(1) hour during the regular workday. If an employee is
required to work two (2) or more hours beyond his or
her regular work day the employee shall be entitled to
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an additional paid meal period of one‐half (1/2) hour.
For each additional four (4) hour overtime increment
beyond the two (2) hours, the employee shall receive
an additional meal period of one‐half (1/2) hour. If the
Employer furnishes meals, the employee shall eat
them on his or her own time. Whenever possible the
meal period shall be scheduled near the middle of the
workday.
3.4.2. Rest Period – Except in emergency situations, there
shall be one fifteen (15) minute rest period during
each four (4) hour period of the workday whenever
feasible. Emergency situations are defined as
situations where injury to persons, loss of life and/or
serious public or private property damage are
possible.
3.5. Clean‐Up Time
Employees whose work requires personal clean‐up prior to leaving
the Employer’s premises or job site shall be allowed necessary time
for doing so prior to meal breaks, not to exceed five (5) minutes,
and the end of the shift, not to exceed ten (10) minutes. Work
schedules shall be arranged so employees may take advantage of
this provision where it is applicable.
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ARTICLE 4 –OVERTIME
4.1. Overtime
4.1.1. Allocation of Overtime – The Employer shall determine
when and by whom overtime will be worked.
Whenever feasible, the Employer will request
volunteers from among the employees with the
requisite skills to perform the work, before requiring
employees to work overtime. Overtime opportunities
will be allocated as equally as possible among
employees within a work unit.
4.1.2. Overtime Rate – Except as otherwise provided in this
Article, all hours worked in excess of the employee’s
scheduled workday, when worked upon the direction
or approval of the employee’s supervisor, shall be paid
at the rate of one and one‐half (1½) times the
employee’s straight‐time hourly rate or compensated
by granting one and one‐half (1½) times the number of
excess hours worked as compensatory time. Overtime
shall be based on compensated hours and in
accordance with FLSA regulations. The employee shall
make his or her choice (overtime pay or compensatory
time) known to his or her supervisor not later than the
end of the work week in which the work was
performed.
4.1.3. Compensatory Time – Compensatory time off, when
granted, shall be at a time convenient to the employee
and consistent with the operating needs of the
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Employer. Compensatory time off shall be taken under
this Article as required by the Fair Labor Standards Act,
if such continues to be applicable to local government
employees. Compensatory time banks shall not exceed
one hundred (100) hours.
Employees may cash out compensatory time during
any pay period throughout the calendar year. In
December of each year, employees shall be cashed
out for all Any compensatory time over forty (40)
hours as of December 31 will be automatically cashed
out at the employee’s regular rate of pay and paid on
the January 10 paycheck. Employees shall be allowed,
but not required, to cash out compensatory time in
addition to the above forty (40) hours. Employees
with forty (40) hours or less shall be allowed to carry
over the time into the following year. or, at their
choice, cash out any portion of their compensatory
time. This cash out shall be paid on the final paycheck
of the year.
4.1.4. Computing Overtime – The nearest one‐quarter (1/4)
hour shall be used in computing overtime.
4.1.5. Meeting Attendance Outside of Normal Work Schedule
– With supervisory approval, each employee that is
required to attend a meeting on their normally
scheduled workday before or after their regularly
scheduled shift shall be allowed to modify their
schedule during the work week of the meeting so that
the work week does not exceed their regularly
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scheduled hours. This Section does not prohibit
employees that modify their time, as above, from
receiving overtime as otherwise provided in this Article
for hours worked outside of their normally scheduled
work day that fall on non‐modified days.
4.1.6. Extended Overtime (6th and 7th Day) – Employees
required to work on a sixth consecutive day shall be
paid at the rate of time and one‐half (1 ½) for the first
twelve (12) hours and the rate of two times (2x) their
regular rate of pay, consistent with Section 4.3 below,
for any hours worked in excess of twelve (12) hours.
Employees required to work on a seventh consecutive
day shall be paid at two (2) times their regular rate of
pay for all hours worked. There is no eighth, ninth or
tenth day. Holiday, vacation, sick leave and comp‐time
do not count as paid work when determining the seven
consecutive days.
4.2. Call‐back Pay
Call‐back shall be defined as all time worked in excess of a
scheduled shift, which is not an extension of that shift, and is
unanticipated, unforeseen, and not a regular function of the
employee’s work schedule. “Unanticipated, unforeseen” shall
include, but not be limited to, work that is performed where the
employee has been notified after the conclusion of their regular
work day and the work is performed prior to the start of their next
regular work day.
Employees called back who are required to report to the work site
or the field shall be paid a minimum of two (2) hours at thea rate of
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two times (2x) their regular hourly rate of pay, starting from the
time they answer the phone through the time they return home
(portal to portal).
Employees who are not required to report to the work site or field
but can address the issue(s) from home shall be paid for one (1)
hour of work at two times (2x) their regular hourly rate so long as
the time is spent working and not merely informational, i.e.,
schedule change. Employees who qualify for the one (1) hour call
back pay shall not be subject to the provisions of paragraph 4.5 of
this Article regarding the suspension of standby pay. Employees
who work more than one (1) hour without reporting to the
worksite or field shall be paid at (2x) their regular hourly rate for all
hours worked at home and will be subject to the provisions of
paragraph 4.5 of this Article regarding the suspension of standby
pay.
Recreation staff involved in conducting scheduled recreation
programs/events shall be excluded from this provision.
Employees who must attend regularly scheduled meetings after
their normal work hours shall be paid a one (1) hour minimum at
the time and one‐half (1½) rate.
4.3. Extended Overtime
Employees required to work more than four (4) hours beyond the
end of their scheduled workshift shall be paid at two times (2x)
their regular rate of pay for all time worked beyond the first four
hours of overtime.
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4.4. Shift Differential
A shift differential of $1.00 shall be paid for all hours worked by an
employee when fifty percent (50%) of his or her regular workday is
between 12:00 midnight and 8:00 a.m. When such shift is
requested by the employee and approved by the Employer, this
provision shall not apply.
4.5. Standby
The Employer reserves the right to establish a standby program.
Based on service needs, each department may establish a roster of
qualified personnel who would be available for callback during an
emergency situation. Personnel identified as on standby shall be
required to carry a pagercell phone or other device and be able to
respond immediately to callback situations without restrictions or
impairments.
Employees on standby shall receive standby pay as follows: Starting
with the first full pay period following ratification and adoption of
the 2016‐2018 agreement, standby pay shall increase to $2.60 per
hour; as of January 1, 2017, standby pay shall increase to $2.75 per
hour; as of January 1, 2018, standby pay shall increase to $2.90 per
hour. Employees on standby shall receive $2.25 per hour for hours
spent in standby status. Standby allowance shall be suspended
upon callback and the provisions of Section 4.2 of this Article shall
prevail. Standby periods shall be determined by the Employer.
Qualified personnel shall be determined by the Employer and
assigned by seniority on a rotational basis. Every effort will be
made to establish the roster on a volunteer basis. If insufficient
volunteers exist, placement on the roster shall be mandatory.
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4.6. Uniform Allowance
Employees in the Fire Inspector classifications shall receive a
uniform allowance of $300 per annum. In lieu of this allowance and
at the Employer’s option, a quartermaster system may be
instituted. Under this program the employer would purchase and
maintain, including cleaning, any equipment or clothing required by
the employer. Prior to implementation both parties shall agree as
to what is required equipment and clothing.
4.7. Acting Pay
When an employee is asked to assume the duties of a position at a
higher salary grade on a temporary basis, the employee shall
receive a premium equal to five percent (5%) of their base salary,
provided the temporary promotion will extend for at least thirty
(30)fifteen (15) calendar days.
ARTICLE 5 – SICK LEAVE
5.1. Sick Leave Accrual
Sick leave is available for medical leave when an employee is
absent as a result of personal illness or injury;, or for family leave
when medically necessary to care for the employee’s dependent,
child, parent, parent‐in‐law, spouse, domestic partner or a
domestic partner’s child, and grandparent when medically
necessary; or to provide medical care or supervision for the
employee’s child, or a domestic partner’s child, under age 18, as
provided by the Family Care Act of Washington (FCA), WAC 296‐
130, and/ or the Family and Medical Leave Act (FMLA), the
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Washington State Family Leave Act (FLA), or any qualified FMLA
covered reason.
5.1.1. Upon employment, new full time employees shall
receive twenty‐four (24) hours sick leave. At the end
of the first three months of full time employment an
additional twenty‐four (24) hours sick leave shall be
granted. At the completion of six full months of
employment, employees shall accrue sick leave at the
rate of eight (8) hours per month. Employees who
resign or are terminated prior to completing six full
months of employment shall reimburse the Employer
for any used but unearned sick leave.
5.1.2. Sick leave accrual shall be prorated based on the
employee’s regularly scheduled weekly hours of work,
divided by 40.
5.1.3. Employees shall be allowed to use sick leave in
increments of fifteen (15) minutes.
5.2. Sick Leave Cash Out
For employees hired before January 1, 1994, cash payment of
accrued, unused sick leave shall be made upon a PERS I employee’s
resignation, retirement, discharge (unless discharge is a result of
the employee’s conviction of any criminal statutes relating to or
connected with his/her employment), or death. Such payment shall
be limited to 50% of accumulated but unused sick leave, to a
maximum of 960 hours. In the event of death, payment shall be
made to the estate of the employee.
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Employees hired on or after January 1, 1994, shall not be eligible
for cash out of any accrued but unused sick leave.
5.3. Long Term Disability Plan
All employees will be enrolled in an Employer‐sponsored long‐term
disability plan with a benefit equal to 60% of base salary after a
maximum waiting period of 90 calendar days or exhaustion of sick
leave – whichever is longer. The Employer will pay the premiums
necessary to fund the benefits of the plan.
5.4. Notification Requirements
5.4.1. Sick leave may be taken in lieu of vacation time
whenever an employee is on vacation and becomes
sick or hospitalized. A doctor’s certificate of the illness
must be furnished by the employee in a timely manner
to substantiate such sickness or disability. This
exchange will not alter the employee’s scheduled
vacation except by mutual agreement with the
Employer.
5.4.2. The Employer may require a signed statement from
the employee’s Health Care Provider for absences of
three (3) days or longer or if the City reasonably
suspects sick leave abuse.
5.4.3. An employee who will be out on sick leave must notify
his or her immediate supervisor or other designated
person of the absence prior to the start of said leave,
or as soon as possible.
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5.5. Abuse of Sick Leave
Use of sick leave is restricted to the purposes set forth in Section
5.1 of this Article. Employees found to be abusing sick leave
privileges shall be subject to disciplinary action, pursuant to Article
16, Section 16.3.
ARTICLE 6 – HOLIDAYS
Employees shall receive holidays in accord with the following:
6.1. Observed Holidays
The following days shall be observed as legal holidays:
6.1.1. January 1 (New Year’s Day)
6.1.2. Third Monday in January (Martin Luther King, Jr. Day)
6.1.3. Last Monday in May (Memorial Day)
6.1.4. July 4 (Independence Day)
6.1.5. 1st Monday in September (Labor Day)
6.1.6. November 11 (Veterans’ Day)
6.1.7. 4th Thursday in November (Thanksgiving)
6.1.8. 4th Friday in November (day after Thanksgiving)
6.1.9. December 25 (Christmas Day)
6.1.10. The day before Christmas shall be a holiday for
employees when Christmas Day occurs on a Tuesday
or Friday. The day after Christmas shall be a holiday
for City employees when Christmas day occurs on a
Monday, Wednesday, or Thursday. When Christmas
day occurs on a Saturday, the two preceding working
days shall be observed as holidays. When Christmas
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Day occurs on a Sunday, the two working days
following shall be observed as holidays.
6.1.11. Two personal holidays of employee’s choice. Existing
employees will be eligible for the two (2) personal
holidays from the beginning of the year. Upon
employment, new employees will be eligible for one
(1) day (8 hours) of personal holiday to use. After
being employed for six (6) months, the employee will
be eligible for the second day (8 hours) of personal
holiday to use. Except, if the employee begins
employment on/or after July 1st, they will not be
eligible for the second personal holiday in that year.
(To be eligible for a personal holiday, an employee
must have been employed for at least six continuous
months.)
6.1.12. Any other day proclaimed by the Governor for all
political subdivisions of the State; or by the Mayor of
the City.
6.2. Holiday Pay
6.2.1. Working on Holidays ‐ Holiday situations are as
follows:
6.2.1.1. For employees working on an observed
holiday, the observed holiday shall be
considered the holiday.
6.2.1.2. For employees working on an actual holiday
but not the observed holiday, the actual
holiday shall be considered the holiday.
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6.2.1.3. For employees working on both the actual
holiday and the observed holiday, only the
actual holiday shall be considered a holiday.
6.2.2. Pay Rates for Working on Holidays: Employees
scheduled to work in one of the three (3) situations
listed above shall receive one and one‐half (1½) times
their regular rate of pay for all hours worked on the
holiday and the employee shall be permitted to:
6.2.2.1. Schedule an alternate day off within the same
calendar year (up to eight (8) hours) with prior
approval from his or her supervisor which
does not cause significant operational
disruption for the department; or
6.2.2.2. Receive up to eight (8) hours holiday pay for
that holiday worked.
6.2.3. The decision to grant holiday pay or a compensatory
day off shall be determined in advance.
6.2.4. Employees scheduled in advance to work on a holiday
shall be scheduled for a minimum of four (4) hours.
6.3. Holidays Falling on Scheduled Day Off
Whenever the actual holiday or the observed holiday falls on an
employee’s regularly scheduled day off, the employee shall be
allowed to use eight (8) hours, in one (1) hour increments, at
anytime before the end of the year. If both the actual holiday and
the observed holiday occur on regularly scheduled days off the
employee shall be granted only eight (8) hours off with pay.
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Unused holidays granted under this provision shall have no cash
value.
6.4. Holidays Falling on Weekends
When a holiday falls on a Saturday, the preceding Friday shall be
observed as the Holiday. When a holiday falls on a Sunday, the
following Monday shall be observed as the holiday. For employees
regularly scheduled Saturday and/or Sunday, holidays shall be
observed on the actual holidays. If an employee is scheduled to
work on both an observed holiday and the actual holiday, they will
be compensated as described in Section 6.2 of this Article.
6.5 Regular Part‐time
All regular part‐time employees subject to the provisions of this
Agreement shall receive holiday leave at a pro‐rated amount based
on the number of hours scheduled in their work week divided by
forty (40) hours.
6.6. Personal Holiday Use/Cash Out
Personal Holiday hours may be used in 15 minute increments.
Personal Holiday hours not used by the employee by the end of the
year (November/December 31) may be sold back to the Citywill be
cashed out at the employee’s regular hourlyhourly base rate for
that same year, and paid on the January 10 pay check.
Eligible Personal Holiday hours not used by the employee at time of
employment separation for any reason will be cashed out at the
employee’s current hourly base rate and paid in the employee’s
final paycheck.
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ARTICLE 7 – VACATIONS
7.1. Accrual Rate
The following vacation benefits shall be provided:
Length of Service
Days per
Year
Hours per
Pay Period
Hours per
Year
0 through 5 years 12 4 96
6 through 10 years 18 6 144
11 through 15 years 21 7 168
16 through 20 years 24 8 192
21 and subsequent years 27 9 216
7.1.1 Regular part‐time employees subject to the provisions
of this Agreement shall be provided vacation benefits
at a pro‐rated amount based on the number of hours
scheduled in their workweek divided by forty (40)
hours.
7.1.2 Employees may use accrued vacation leave in
increments of fifteen (15) minutes.
7.2. Maximum Vacation Accumulation
The maximum accumulation of vacation time for an employee shall
not exceed twice the current annual accrual limit as provided in
above Section 7.1.
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7.3. Vacation Requests
Requests for vacation leave are subject to supervisory approval.
Except in emergency situations, requests for vacation leave shall be
submitted in writing, at least the work day prior to the requested
time off. Vacation requests shall be responded to within one week
unless submitted less than two weeks in advance. For vacation
requests submitted less than two weeks in advance, a response
within one working day after receipt is required.
7.4 Cash Out Upon Separation
Vacation accrued but unused during the term of the employee’s
employment with the city will be cashed out at the employee’s
hourly base rate at the time the employee separates from city
employment.
ARTICLE 8 – BEREAVEMENT LEAVE
Up to three days with pay shall be allowed to employees covered
hereunder for bereavement for each instance of a death of the
employee’s mother, father, step‐parent, legal guardian,
spouse/domestic partner, child, stepchild, child of a domestic
partner, mother‐in‐law, father‐in‐law, sister, brother, brother‐in‐
law, sister‐in‐law, grandchild, or grandparents. The number of
hours of bereavement leave allowed regular part‐time employees
covered by this Agreement shall be adjusted to reflect the number
of scheduled hours in their workweek.
All requests for extended bereavement leave shall be approved by
the Department Administrator in advance. Employees may use
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accrued vacation, compensatory time, and/or personal holiday
hours to cover extended bereavement leave. Sick leave may be
used if all other leave banks are exhausted.
ARTICLE 9 – INSURANCES
Definitions:
REHBT: Renton Employees’ Healthcare Board of Trustees
REHP: Renton Employees’ Healthcare Plan
Funding Goal: It is the responsibility of the Renton Employees’
Healthcare Board of Trustees to establish and maintain fund goals
in relationship to the Renton Employee’s Healthcare Plan.
Plan Member: An eligible Renton employee, along with their
dependents, that is covered under the Renton Employees’
Healthcare Plan.
Premiums: The contributions made to the REHP by both the City
and the employees to cover the total cost of purchasing the REHP.
Contributions made by employees for co‐pays, lab fees, ineligible
charges, etc., are not considered premiums for the purpose of this
Article.
9.1. Health Insurance
9.1.1. Participation ‐ The City and the Local/Union/Guild
agree to jointly manage the REHP during the term of
this agreement. The REHBT is comprised of AFSCME
Local 2170; Firefighters – 864; Police Guild; and the
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City, and will meet at least quarterly to review the
REHP including costs associated with the REHP.
Medical coverage shall be provided in accord with the
laws of the State of Washington, RCW 41.26.150 and
federal plans: Patient Protection and Affordable Care
Act and the Health Care and Education Affordability
Reconciliation Act of 2010. The Local/Union/Guild
agrees to continue participation in the REHBT and to
identify and support cost containment measures.
9.1.2. Plan Coverage ‐ The City will provide a medical/dental,
vision, and prescription drug insurance plan for all
eligible employees including all bargaining unit
members and their eligible dependents.
9.1.3. Premiums ‐ For the calendar years 20106 through
calendar year 2015 2020, the total cost of the plan
shall be divided as follows:
YEAR CITY EMPLOYEES
20102016 96%92% 4%8%
20112017 96%92% 4%8%
20122018 95%92% 5%8%
20132019 94%92% 6%8%
20142020 93%91% 7%9%
2015 92% 8%
Employee premiums will be based upon the following
categories:
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Employee
Employee/1
Employee/2+
Employee/Spouse or Domestic Partner
Employee/Spouse or Domestic Partner/1
Employee/Spouse or Domestic Partner/2+
9.1.4. Projected Costs – For calendar year 2013, the
contributions to the benefit fund (premium revenue)
shall be the same as the contribution made in the
calendar year 2012, subject to the plan cost sharing
provision between employer and employees per
current bargaining agreements. Beginning calendar
year 2014 going forward, tThe plan contributions shall
be calculated by the percentage of actual plan cost
increase that occurred in the previous year. The year
in review shall be from July 1st to June 30th.
9.1.4.
9.1.5. Group Health Coverage – Bargaining unit members that
chose to be covered by Group Health insurance will be
required to pay the premium equivalent to the self
funded plan, plus any additional premium amount
charged by Group Health that exceeds the amount
required by the City’s self funded plan.
9.1.6. Renton Employees’ Healthcare Board of Trustees – The
REHBT includes members from each participating
Union. Each union will have a maximum of one (1)
vote, i.e. the Firefighter Union has two (2) bargaining
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units but only receives one (1) vote on the REHBT, and
the Police Guild has two (2) bargaining units but only
receives one (1) vote on the REHBT. The City only
receives one (1) vote also. If all bargaining units
participate, the voting bodies would be as follows:
AFSCME – 2170; Firefighters – 864; Police Guild; and
the City for a total of four three (43) votes.
9.1.7. Plan Changes – The members of the REHBT shall have
full authority to make plan design changes without
further concurrence from bargaining unit members
and the City Council during the life of this agreement.
9.1.8. Voting – Changes in the REHP will be determined by a
majority of the votes cast by REHBT members. A tie
vote of the REHBT members related to a proposed plan
design change will result in continuing the current
design.
9.1.9. Surplus – Any surplus in the Medical Plan shall remain
available only for use by the Renton Employees’ Health
Plan Board of Trustees for either improvements in the
Plan, future costs increase offsets, rebates to
participants, or reduction in employee contributions.
9.1.9.9.1.10. Cadillac Tax ‐ If by July 1st, 2019, the Cadillac
Tax required by the Affordable Care Act is still in effect
and will require additional funding of the Renton
Employees’ Healthcare Plan, the parties agree to meet
and negotiate changes to the plan in such a way as to
address the impacts of the Cadillac Tax.
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9.2. Life Insurance
The Employer shall furnish to the employee a group term life
insurance policy in the amount of the employee’s annual salary
plus longevity, rounded to the nearest $1,000 including double
indemnity and limited to a maximum benefit of $50,000. The
Employer shall furnish a group term life insurance policy for $1,000
for the employee’s spouse and $1,000 for each dependent.
9.3. Federal/State Healthcare Options
In the event of a Federal/State healthcare option, the REHBT shall
have the option to review the proposed Federal/State option and
take appropriate actions.
9.4. COBRA
When an employee or dependent’s health care benefits ceases, the
employee or dependent shall be offered medical and dental
benefits under the provision of Consolidated Omnibus Budget
Reconciliation Act (COBRA).
ARTICLE 10 – JURY DUTY
When an employee is called for jury duty or is subpoenaed as a
witness in any litigation/administrative hearing process in which
the employee is not a party, such time shall be considered as time
worked and paid at the appropriate salary level of the employee.
Employees shall be required to give reasonable advance notice of
such subpoena or other legal requirement to appear and provide
the City with a copy of the subpoena or other legal document
requiring the employee’s presence. The copy of the subpoena or
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legal document will be given to the City in advance of the hearing
or jury duty or if that is not possible, then the copy must be
furnished within 72 hours after the hearing or jury duty date. All
monies received as witness or jury fees must be signed over to the
City excluding any mileage/expense reimbursements. Employees
will be required to call their supervisor when less than a normal
workday is required by jury or witness duty. The supervisor shall
determine if the employee shall be required to report to work and
shall take into consideration the travel time of the employee.
ARTICLE 11 – EDUCATION AND CONFERENCE
11.1. Time Off and Financial Reimbursement
Employees will be granted reasonable amounts of time off and
financial reimbursement for attending training programs whenever
such training is work‐related and attendance is required by the
Employer.
11.2. Valid Business Expenses
Employees who conduct authorized, official City business or
participate in conferences as official representatives of the
Employer while outside the City shall be reimbursed for all valid
business expenses.
11.3. Access to Training
The Employer is committed to the principle of training for all
employees. Whenever feasible, training shall be made available for
each employee within a classification within a division to prepare
them to perform all the job duties associated with that
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classification. Equal access to training opportunities to the extent
that operational requirements permit shall be provided.
ARTICLE 12 – SALARIES
12.1. Salaries
12.1.1. Effective January 1, 2013, the base wages for all
positions represented by the bargaining unit shall be
the same as the wages in place in 2012. For 2013, the
City agrees to pay $1,000 (minus appropriate state
and federal taxes) on the second paycheck after the
contract is ratified by the Union and adopted by
Council. The payment will be given to all AFSCME
members who are employed on the date the contract
is adopted.Effective January 1, 2016, salaries shall be
increased by 2% over the base wages of 2015, and
retro activity shall not be issued until the last
paycheck in September 2016.
12.1.2. Effective January 1, 2014, the base wages shall be
increased by 1% above the wages in place in
2013.Effective January 1, 2017, base wages shall be
increased by 2.5%.
12.1.3. Effective January 1, 2015, the base wages shall be
increased by 2.5% above the wages in place in
2014.Effective January 1, 2018, base wages shall be
increased by 2.5%.
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12.2. Step Increases
All anniversary step increases shall begin being paid upon the
payday following the anniversary date and thereafter during the
life of this Agreement.
ARTICLE 13 ‐ LONGEVITY
13.1. Longevity Pay Calculation
Employees shall receive monthly longevity pay in accordance with
the following scale:
Years of Service
5 years 2.0% of the monthly Grade a13, step E
10 years 3.0 % of the monthly Grade a13, step E
15 years 4.0% of the monthly Grade a13, step E
20 years 5.0% of the monthly Grade a13, step E
25 years 6.0% of the monthly Grade a13, step E
30 years 7.0% of the monthly Grade a13, step E
Regular part‐time employees covered by this Agreement shall
receive a pro‐rated amount of this scale based on the number of
hours scheduled in their workweek.
13.2. Longevity Pay Date
Longevity allowances shall begin being paid from the beginning of
the pay period following the anniversary of the employee’s original
date of hire, unless an adjusted longevity date has been established
due to periods of absence, wherein longevity accruals are
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suspended.Longevity will be paid as follows based on adjusted
service date:
• If the employee’s Adjusted Service Date is on or between the
1st and the 15th, the employee will receive their longevity
allowances on the 25th of that month.
• If the employee’s Adjusted Service Date is on or between the
16th and the 31st, the employee will receive their longevity
allowances on the 10th of the next month.
ARTICLE 14 – DEFERRED COMPENSATION
The Employer shall make a deposit equal to two four percent (24%)
of each eligible employee’s base wage into a deferred
compensation account selected by the employee from the
accounts provided by the City, each pay period.
ARTICLE 15 – PAY PERIOD
Employees shall be paid twice each month and any employee who
is laid off or terminated shall be paid all monies due on the next
following payday. All employees shall be paid on the 10th and 25th
day of each month. If the 10th or 25th day of the month falls on a
holiday or weekend period, the employees shall be paid on the last
business day prior to that period.
All employees will participate in payroll direct deposit.
Effective the second full pay period after contract implementation,
the employer shall no longer issue paper pay stubs to employees.
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Employees will receive instructions regarding online viewing of
their individual pay stubs prior to this change.
The employer will provide computer stations in convenient work
locations to enable employees to access and print their electronic
pay stubs during working hours.
ARTICLE 16 – MANAGEMENT RIGHTS
Subject only to the limitations expressly stated in this Agreement,
the Union recognizes the prerogative of the Employer to operate
and manage its affairs in accord with its responsibilities, powers,
and authority, including but not limited to the following:
16.1. The right to establish reasonable work rules.
16.2. The right to schedule overtime in a manner most
advantageous to the Employer.
16.3. The right to discipline and/or discharge employees for just
cause.
16.4. The right to determine work schedules, to establish the
methods and processes by which work is to be performed
and the number of employees necessary to perform the
work.
16.5. The right to assign work and determine the duties
performed by employees in classifications included in the
bargaining unit.
16.6. The employer shall retain the right to determine whether
layoffs are necessary and in which departments, divisions,
and classifications they will occur.
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Further, it is understood by both parties that every incidental duty
connected with operations enumerated in a job classification is not
always specifically described.
ARTICLE 17 – UNION ACTIVITIES
17.1. Paid Release Time
With prior notice, the Employer will grant employees who are
Union officials, or members who are appointed to a joint
management committee, reasonable time off with pay for the
purpose of attending scheduled meetings with City officials.
Additionally, members may have 30 minutes prior to the meeting
to prepare and 30 minutes after the meeting to debrief. In
addition, tThe Shop Steward or alternate Shop Steward and/or one
Union official will be granted reasonable time off with pay by the
immediate supervisor to investigate grievances. Notwithstanding
the above, only two employees per work section shall be released
to attend Union meetings during the workday and must code their
time as union business.
17.2. Facility Access
The designated Staff Representative of the Union shall be allowed
access at all reasonable times to all facilities of the Employer
wherein the employees covered under this contract may be
working. Access shall be granted for the purpose of conducting
necessary official local Union business and investigating grievances;
provided there is minimal interruption to normal work processes.
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17.3. Union Communication
The Employer shall permit the reasonable use of bulletin boards, e‐
mail, and interoffice mail by the Union for the posting of notices or
communications relating to official Union business.
17.4. Training Time
Union officials may request reasonable time off with pay to attend
training that is beneficial to both labor and management. Approval
will be at the discretion of the employee’s Department
Administrator or designee for the scheduling of time, the
appropriateness of the leave shall be at the discretion of the
Human Resources Department.
17.5. Negotiations
Six (6) members of the Union shall be granted paid release time to
participate in negotiations occurring during their normally
scheduled work hours. The Union agrees that a bargaining team
that is as broadly representative as possible of the various work
sites, departments, classifications, and demographics is a goal
when selecting the participants for the Union bargaining team.
ARTICLE 18 – LABOR/MANAGEMENT COMMITTEE
The Employer and the Union agree that a need exists for closer
cooperation between labor and management, and that from time
to time suggestions and complaints of a general nature affecting
the Union and the Employer need consideration. To accomplish this
end, the Employer and the Union agree that not more than three
(3) authorized representatives of the Union shall function as one‐
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half of a Labor/Management Committee; the other half being not
more than three (3) representatives of the Employer named for
that purpose. The parties agree to allow expanded participation in
Labor/Management Committee discussions, when necessary, by
mutual agreement. Said committee shall meet as requested by
either party for the purpose of discussing and facilitating the
resolution of all problems which may arise between the parties
other than those for which another procedure is provided by law or
by other provisions of this Agreement. It is understood and agreed
that the purpose of this committee does not include the hearing of
formal grievances brought under the provisions of Article 23 of this
Agreement.
ARTICLE 19 – WORK STOPPAGES AND EMPLOYER PROTECTION
19.1. Uninterrupted City Services
The Employer and the Union agree that the public interest requires
efficient and uninterrupted performance of all City services and to
this end pledge their best efforts to avoid or eliminate any conduct
contrary to this objective during the term of this Agreement or any
extension mutually agreed upon. Specifically, the Union shall not
cause or condone any work stoppage including any strike,
slowdown, non‐bona fide sick leave absence, refusal to perform
any customarily assigned duties, refusal to cross a picket line on
City premises (unless same is sanctioned by the King County Labor
Council), or other interference with City functions by employees
under this Agreement. Any concerted action by any employee in
any bargaining unit shall be deemed a work stoppage if any of the
foregoing activities has occurred. Should any such activity occur,
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the Union agrees to take appropriate action immediately to end
such interference.
19.2. Work Stoppage
Upon notification in writing by the Employer to the Union that any
of its members are engaged in a work stoppage, the Union
immediately shall order, in writing, such members to cease
engaging immediately in such work stoppage and shall provide the
Employer with a copy of such order. In addition, a responsible
official of the Union shall publicly order such Union employees to
cease engaging in such a work stoppage.
19.3. Disciplinary Action for Work Stoppage
Regardless of any penalty to which the Union is subject under this
Section, any employee who commits any act prohibited in this
section may be subject to the following penalties:
19.3.1. Oral reprimand
19.3.2. Written reprimand
19.3.3. Suspension (notice to be given in writing)
19.3.4. Discharge
It is understood that these penalties are not necessarily sequential.
Disciplinary action resulting from violation of this Article will be
tailored to the nature and severity of the offense.
ARTICLE 20 – NON‐DISCRIMINATION
The Employer and the Union agree that they shall not discriminate
against any employee because of race, color, religion, national
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origin, ethnic group, age, gender, marital status, sexual orientation,
genetic information, disability status, veteran/military status, union
affiliation, non‐affiliation or union activities as sanctioned by this
contract, and/or any other protected class or characteristic under
federal, state, or local law.
ARTICLE 21 – RECRUITMENT AND SELECTION PROCESS
21.1. Posting of Vacancies
Whenever the Employer determines to fill a vacant bargaining unit
position the Employer will post the announcement on the City’s
website and provide the announcement to the Union’s Executive
Board. Vacancies may be posted as internal only recruitments for
at least seven (7) working days or external recruitments for at least
ten (10) working days. Any City employee may apply for a vacant
position. All bargaining unit employees who apply and meet the
selection criteria shall be tested in accordance with procedures set
forth in the job announcement. Recruitments that are posted
internally and then re‐posted externally will be considered the
same recruitment.
A bargaining unit applicant failing to advance during an internal
only recruitment will not be considered during any subsequent
external recruitment for the vacant position. Internal postings that
result in only one employee passing the selection process may be
re‐posted externally. An internal applicant that has passed the
prior internal selection process will be considered during the
subsequent external process.
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Any bargaining unit employee not meeting the selection criteria
may request, and will receive in writing, the selection criteria used
and the criteria that they did not meet.
21.2. Selection Process
21.2.1. Selection Procedure. The filling of vacancies will be
done in an objective, fair and impartial manner. The
Employer will determine the selection procedure
which may include written, practical and oral
examinations. Selection criteria will bear a direct
relationship to job performance and constitute bona
fide occupational qualifications necessary to properly
and efficiently function in the position. All qualified
applicants will go through a consistent selection
procedure and be informed of the passing point for
any administered exam.
21.2.2. Process Review. In the event that a bargaining unit
applicant is not selected, that employee may request,
and shall be given in writing, his or her itemized score
and placement according to test results within one
week of the request.
21.3. Eligible Candidate Pool
A candidate that passes the selection process as specified in
Section 21.2 above has been determined to be qualified for the
position and will have their application remain in the “eligible
candidate pool” for that particular recruitment. Hiring managers
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may offer a position to any candidate who passes the selection
process and has their name in the eligible candidate pool.
The Employer may use the eligible candidate pool for a period of up
to twelve (12) months to fill vacancies for the same position or
another position in the same job classification.
21.4. Promotional Opportunities
Whenever a promotional opportunity within the bargaining unit is
created through the conversion of an existing filled position to a
new classification with higher duties, the Employer shall give only
employees within the same classification and section an
opportunity to apply for the promotion.
The Employer will distribute an announcement of the promotional
opportunity to the Union President and employees in the same
classification and section as the position to be restructured.
Eligible employees may apply for the position by submitting an
application within the seven (7) working day posting period. The
Employer will award the promotion to the most qualified employee
in accordance with Section 21.2 of this Article.
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ARTICLE 22 – PROBATIONARY PERIOD
22.1. 12‐Month Probationary Period
New employees shall serve a probationary period during their first
twelve months of employment. During this time, they are
considered “At Will” employees and serve at the pleasure of the
Employer. Employees terminated during their first twelve months
of employment shall not have recourse to the grievance procedure.
22.2. 6‐Month Probationary Period
Existing City employees who are promoted shall serve a six month
probationary period. In the event a promoted employee fails to
pass probation:
Series Position: The employee will return to his/her lower
classification in the series.
Non‐Series Position: The employee shall be eligible to return to
his/her previous position, if it has not been filled. If the position has
been filled, the employee may be eligible to return to his/her
previous position if the current incumbent fails their probationary
period.
ARTICLE 23 – GRIEVANCE PROCEDURE
23.1. Definition
Grievance is hereby defined as the question or challenge raised by
an employee or the Union as to the correct interpretation or
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application of this Agreement by the Employer. It is the purpose of
this clause to provide the employees and the Union with an orderly
and effective means of achieving consideration of any grievance,
which may arise during the life of this Agreement.
23.2. Grievance Process
The following steps are agreed upon as the appropriate order of
contact:
Step 1. An employee and/or his/her Union representative must
present a grievance within fifteen (15) working days of
occurrence or when the Union or employee knew or
should have known of the occurrence to the official of
the Employer most immediately involved. If, however,
the grievance concerns a payroll matter involving the
computation of the employee’s wages the grievance
must be presented within thirty (30) calendar days of
occurrence or when the Union or employee knew or
should have known of the occurrence. The parties shall
have fifteen (15) working days to resolve the grievance.
The parties agree to meet to discuss the grievance at the
request of either party.
Step 2. If not resolved at Step 1, the employee (grievant) shall
refer the matter in writing to the Union Grievance
Committee for investigation and determination of
whether the grievance shall be advanced. Advancement
or settlement of a grievance beyond Step 1 of the
Grievance Procedure shall be the sole authority of the
Union Grievance Committee. The Grievance Committee
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shall be given reasonable time off with pay for this
purpose.
Step 3. The employee and/or Union representative shall present
the grievance within 20 working days of the Step 1
response in writing to the employee’s Department
Administrator. The Department Administrator shall
attempt to resolve the matter within 10 working days of
the receipt of the written grievance.
Step 4. If not resolved by the Department Administrator, the
grievance shall be presented, in writing, together with all
pertinent materials to the Mayor within ten (10) working
days. The Mayor, or designated representative shall
schedule a meeting with the Union for the purpose of
hearing and reviewing the merits of the grievance. The
Mayor, or designated representative, shall attempt to
resolve the grievance within ten (10) working days of
receipt of the material.
Step 5. In the event that the grievance is not resolved by the
Mayor, the matter may, within twenty (20) working days
after the Mayor’s decision has been rendered, be
referred by either party to the arbitration process. If the
matter is not referred to arbitration within this period, it
shall be considered resolved.
If referred to arbitration: (1) the arbitrator’s decision
shall be final and binding, (2) the arbitrator shall be
empowered to render a decision based on interpretation
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of the contract only and shall not add or delete from the
provisions of this Agreement, (3) the arbitrator shall
render a decision within thirty (30) days of hearing, (4)
the arbitrator shall be selected by a joint request of a list
of names (Washington) from the Federal Mediation and
Conciliation Service (F.M.C.S.). Upon receipt, the parties
shall eliminate names alternately until one name
remains, (5) it is agreed that the costs shall be borne
equally between the parties with the exception that if
the matter is a question of procedural arbitrability, the
losing party shall bear all expenses for the services of the
arbitrator. Except as provided above, each party shall be
responsible for paying their own costs and fees incurred
in the matter.
23.3. Employer Grievance
The following procedure shall be observed if the Employer files a
grievance against the Union for an alleged violation of the contract:
Step 1. The Mayor or his/her designated representative shall
present the grievance in writing to the Union Staff
Representative within 10 days of occurrence. The Union
shall attempt to resolve the matter within thirty (30)
days of receipt.
Step 2. If the matter is not satisfactorily resolved at Step 1, the
Employer may within twenty (20) working days refer the
matter to arbitration using the procedure outlined in
Section 23.2, Step 5.
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23.4. Grievance Documentation
Written submissions shall include the specific article(s) of the
contract, which were allegedly violated, the specific facts and the
remedy sought.
23.5. Grievance Timelines
Grievances shall be properly filed and processed within the
timetables outlined at each step. If these timetables are violated by
the Union, the grievance shall be deemed waived. If violated by the
Employer, the grievance shall be advanced to the next step.
Through mutual agreement, the parties may put timelines on
abeyance or extend them for a set period of time.
ARTICLE 24 – HEALTH, SAFETY AND PRODUCTIVITY
24.1. Quality and Safety of Work
All work shall be done in a competent, productive and professional
manner. Work shall also be done, in accord with State, Federal, and
City safety codes and with ordinances and rules relating to this
subject.
24.2. Working Conditions
It shall not be considered a violation of this Agreement if any
employee refuses to work with unsafe equipment, where adequate
safeguards are not provided, or when the facilities and services are
not being maintained in a reasonably sanitary condition. It shall be
a requirement of the employee to immediately report all unsafe
conditions in accordance with the procedures established by the
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employee Safety Committee to his/her supervisor upon becoming
aware of those conditions. In addition to the Departmental
Representatives, Local 2170 shall have a designated member on
the Safety Committee as appointed by the Local Executive Board.
24.3. Rain Gear
Where necessary, employees furnished rain gear by the Employer
will be provided up to one (1) set of new rain gear annually,
provided that new rain gear will not be issued until used rain gear is
returned by the employee to the appropriate supervisor.
24.4. Custodial Services
The Employer shall provide custodial services to employee
restrooms and lunchrooms to insure sanitary conditions.
24.5. Safety Shoes
Regular employees in positions requiring Safety Shoes or Steel
Toed Boots shall be entitled to $125$175 reimbursement annually
for the purchase of shoes or boots. Reimbursement can be
provided on a more frequent basis if deemed necessary by the
immediate supervisor based upon the nature of the work
assignment.
ARTICLE 25 – SAVINGS CLAUSE
If any Article of this Agreement or any addenda thereto should be
held invalid by operation of law or by any tribunal of competent
jurisdiction, or if compliance with or enforcement of any Article
should be restrained by such tribunal, the remainder of this
Agreement and addenda should not be affected thereby and the
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parties shall enter into immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory
replacement of such Article.
ARTICLE 26 – ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire
Agreement between the parties is intended to replace the prior
agreement and no oral statement shall add to or supersede any of
its provisions.
The parties acknowledge that each has had the unlimited right and
opportunity to make demands and proposals with respect to any
matter deemed a proper subject for collective bargaining. The
results of the exercise of that right and opportunity are set forth in
this Agreement. Therefore, unless otherwise agreed, the Employer
and the Union, for the duration of this Agreement, each voluntarily
and unqualifiedly agree to waive the right to oblige the other party
to bargain with respect to any subject or matter not specifically
referred to or covered in this Agreement.
All wages and/or benefits being received prior to this contract by
members covered in this Agreement shall not be reduced except
where specifically modified by this Agreement.
ARTICLE 27 – PRIORITY OF FEDERAL, STATE AND CITY LAWS
It is understood and agreed by and between the parties that in
negotiations and collective bargaining and in the administration of
all matters covered by this Agreement, the parties hereto and the
City employees are governed by the provisions of applicable State
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laws, City Ordinances and Resolutions. If there is a conflict between
any provision of this Agreement and State law, the latter shall
prevail. Provided, however, the Employer agrees that no Ordinance
or Resolution shall modify or change any article or section of this
Agreement during the life of said Agreement.
ARTICLE 28 – VOLUNTEERS
The City and Union agree that volunteer programs can be mutually
beneficial to the City, employees and citizens of Renton. The
parties recognize that volunteer programs provide a sense of
community involvement and require a commitment of time and
service on behalf of the volunteer. To that end, the City is
committed to working in partnership with the Union to build
successful volunteer programs.
The use of volunteers will not supplant bargaining unit positions.
No bargaining unit member shall be laid off as a result of volunteer
programs.
The City and the Union will meet in a labor‐management forum and
come to mutual agreement prior to implementing any new
volunteer programs.
ARTICLE 29 – DISCIPLINE
29.1 Discipline
The City shall not discipline or discharge an employee without just
cause. Employees shall be given the opportunity to have a Union
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Representative present at meetings where disciplinary proceedings
will take place.
The City agrees with the principles of progressive discipline.
Disciplinary action generally includes the following progressive
steps:
29.1.1. Oral reprimand (which shall be reduced to writing
although not placed in the employee’s personnel file)
29.1.2. Written reprimand
29.1.3. Suspension
29.1.4. Discharge
Disciplinary action will be tailored to the nature and severity of the
offense. Management maintains the right to take disciplinary
action, as they deem appropriate.
29.2 Demotion
The term “demotion” as used in this provision means the
involuntary reassignment of an employee from a position in one
job classification to a lower paying position in another job
classification. In any case involving demotion, the employee shall
have the right to due process.
ARTICLE 30 – LEAVE DONATION
A Leave Donation Program has been established to assist
employees faced with a serious medical illness or injury to
themselves or an immediate family member. The Leave Donation
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Program will be administered in accordance with City Policy
#350‐12 (Leave Donation), as established effective May 1, 2006.
The following exception applies as a benefit above and beyond
those granted by the Policy. Domestic partners shall be considered
family when considering qualifying events for donation.
ARTICLE 31 – LAYOFF AND RECALL
31.1. Layoff and Recall
The Employer shall retain the Right to determine whether lay‐offs
are necessary and in which department(s) and classification(s) they
will occur.
31.2. Definitions
31.2.1. Adjusted Hire Date: The date used to determine “City
Seniority.” The Adjusted Hire Date is calculated on the
employee’s length of continuous service with the City
in a regular full‐time or part‐time position. Part‐time
employees will have their length of continuous service
adjusted for longevity purposes. Seniority earned as a
regular, part‐time employee shall be prorated. The
City will calculate the number of compensated hours in
any regular position and divide the total by full time
equivalent hours (i.e., 2080 hours per year) to
determine the employee’s adjusted hire date for
purpose of seniority.
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31.2.2. Bumping Rights: An employee’s ability to move into
the same classification or another classification, in
which he/she has previously achieved regular status,
based on his/her overall seniority.
31.2.3. Classification: A classification is a position or group of
positions performing similar duties that have the same
title, class code, and salary range.
31.2.4. Classification Series: A series of related classifications
with an entry level and one or more additional levels
as defined in City Policy #320‐01, Classification Series.
31.2.5. Initial Probationary Period: The probationary period
served by a new employee when hired into a regular
position with the City.
31.2.6. Layoff: A reduction in the workforce due lack of
funds, lack of work, or the result of a reorganization.
31.2.7. Recall List (also called “Reemployment List,” “Rehire
List,” or “Layoff List”): A list of employees who have
been laid off from a specific classification and who are
eligible for recall.
31.2.8. Original Hire Date: The first day an employee started
working for the City, either in a regular status or non‐
regular status position.
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31.2.9 Previously Held Position: A position within the City’s
classification system to which the employee has been
formally appointed and successfully completed
probation.
31.2.10. Probationary Employee: An employee in their initial
probationary period who has not achieved regular
employee status.
31.2.11. Recall (also called “Reinstatement”): When an
employee on the recall list returns to the
classification from which he/she was laid off or to a
lower classification in which they previously achieved
regular employee status.
31.2.12. Seniority:
31.2.12.1 City Seniority, or “Adjusted Hire Date,” is an
employee’s length of continuous service
with the City in a regular full‐time or part‐
time position.
31.2.12.2 Classification Seniority is the date that the
employee was appointed to his/her current
position. Classification seniority shall be
prorated as described under the definition
of Adjusted Hire Date.
31.3. Departmental Review
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31.3.1. Each department may periodically review its budget
and projected workload to determine if layoffs are
necessary.
31.3.2. If it becomes necessary to initiate organizational
change for any reason that results in the reduction of
employees, the Department Administrator will discuss
the organizational change with the Mayor or designee
and the Human Resources Risk Management
Administrator prior to making any changes. The
Department Administrator will determine which
classifications will be affected.
31.3.3. The Mayor will have final authority to eliminate
positions and/or lay off employees.
31.4. Human Resources Risk Management Review
31.4.1 Once the Department Administrator has determined
which classification(s) will be affected, Human
Resources Risk Management (HRRM) will determine
which employee(s) shall be laid off.
31.4.2. No lay‐off or reduction to a lower classification shall
be executed so long as there are non‐regular
(temporary) employees, whether full‐time or part
time, performing substantially similar job duties in a
specific department/division.
31.4.3. For the purpose of the initial layoff, classification
seniority shall be the determining factor. Employees
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shall be laid off from their department or major
division in the inverse order of their classification
seniority in the classification in which the work force is
being reduced. New employees in the affected
classification, serving in their initial probationary
period, shall be separated before any regular Union
employee is laid off in the work unit.
31.4.4. At no time shall layoff, bumping, or recall result in a
promotion.
31.4.5. Tie‐Breakers: In the event two or more employees
have the same classification seniority, City seniority
shall prevail. In the event two or more employees
have the same City seniority, a tie‐breaker will be used
to determine the employee with the least seniority.
The tie‐breaker will be the last four digits of the
employee’s social security number. The employee
with the lowest number shall be considered the
employee with the lowest seniority.
31.4.6. It is understood that classifications may change title.
If a classification has been re‐titled or a new
classification created and the duties are substantially
the same, the employee shall be considered having
“previously achieved regular employee status” in the
re‐titled or new classification.
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31.5. Notice of Layoff
31.5.1 It is the City’s intent to provide employees with notice
of any layoff at least thirty (30) calendar days in
advance of the intended layoff date. When such a
time period is not possible, employees shall be
provided with at least two weeks (14 calendar days)
notice or receive two weeks’ pay in lieu of notification.
31.5.2 Layoffs resulting from the biennial budget process
shall not be final until such time as the budget is
adopted by the City Council.
31.6. Bumping Rights
31.6.1. An employee who is laid off may replace another
employee in an equal or lower classification series in
which the employee works or has previously achieved
regular employee status, provided such employee has
greater City seniority than the employee whom
he/she seeks to replace, and provided the replacing
employee is qualified to perform the work without
further training.
31.6.2. An employee who is laid off may not replace another
employee in the same classification in the same
workgroup from which they are in the process of
being laid off.
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31.6.3. The requirement to have previously worked in a
classification shall not apply to employees bumping
down to a lower compensated position within a
recognized classification series (e.g., Maintenance
Service Worker, Fire Inspector, etc.).
31.6.4. If the employee is not eligible to bump into another
classification based on his/her City seniority, the
employee shall be laid off and have his/her name
placed on the recall list.
31.7. Recall Rights
31.7.1. The name of any employee who is laid off shall be
placed on the recall list for a period of two (2) years.
31.7.2. Employees who are laid off may be recalled to the
original classification from which they were laid off or
to a lower classification in which they previously
achieved regular status with the City, provided they
are qualified at the time to perform the work in the
classification to which they are recalled without
further training.
31.7.3. When there is a recall during the life of the recall list,
employees who are still on the list shall be recalled in
the inverse order in which they were laid off.
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31.7.4. The City shall not hire new employees in a given
classification as long as there are still employees on
the recall list eligible for recall to that classification.
31.7.5. If employees bump into another classification or if
employees are recalled to a lower classification in a
series, they shall have the right to return to the
classification from which they were originally laid off
as long as their name remains on the recall list.
31.7.6. An employee who bumps into the same classification
but in a different department/division shall have no
recall rights to the position from which he/she was
originally laid off from.
31.7.7. Employees shall be responsible for keeping HRRM
informed of a current e‐mail, phone number, and
postal mailing address. HRRM will provide notice of
recall using e‐mail and certified mail. Employees who
are recalled to a position shall have seven (7) calendar
days from the date they receive notification by
certified mail of the recall to respond to HRRM and
either accept or reject the position.
31.7.8. Employees who reject, or fail to respond to, a recall
offer back to the original classification from which
they were laid off shall have their names removed
from the recall list.
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31.7.9. Seniority dates will be handled as follows during the
event of recall, or rehire into a different regular
position. For the purposes of this section, “regular
position” also includes Limited Term positions:
31.7.9.1 City seniority: Employees who have been
recalled or rehired into a regular position
within the recall period shall retain their
City seniority as of the date of layoff and
shall begin accumulating additional City
seniority when recalled or rehired back to
work.
31.7.9.2 Classification seniority: Employees who
have been laid off shall begin accumulating
additional classification seniority when
recalled to the classification from which
they were laid off. Employees who are
rehired into a different regular position
within the recall period shall begin
accumulating classification seniority in the
“new” classification as of their date of
rehire.
31.7.9.3 Employees affected by layoffs: Employees
who bump into a different classification as
part of a layoff shall retain their
classification seniority as of the date of
layoff and shall begin accumulating
additional classification seniority when
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recalled back to the classification from
which they were originally laid off. City
seniority shall continue to accumulate as
long as the employee remains continuously
employed in a regular position.
31.7.9.4 Accrual rates: Longevity, vacation, and sick
leave accrual rates shall be the same as
they were on the date of the layoff.
31.7.10 Employees recalled, or rehired into a different
regular position within the recall period, shall have
their sick leave balance restored to the amount
he/she had at the time of the layoff, excluding any
cashed out hours.
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ARTICLE 32 – FINGERPRINTING
32.1. Fingerprint Check Requirements
All union members who have authorized access to or direct
responsibility for configuring and maintaining computer systems
and networks that could access Criminal Justice Information (CJI)
and/or have access to the Criminal Justice Information System
(CJIS) network must pass a fingerprint check prior to unescorted
access. Fingerprint check results will be provided to the Police
Chief or designee for review and determination to pass or fail
access.
32.2. Fingerprint Check Passed
Employees moving into a position that requires a fingerprint check
must be fingerprinted and successfully pass prior to receiving a
formal written offer.
32.3. Fingerprint Check Failed
If access is denied, management will attempt to transfer the
employee to a non‐CJI/CJIS access location. The union member
may also request alternative employment for which he/she
qualifies, if available. It is understood that in order to continue the
employment of a member denied access, the city may need to
place the member in an alternate job or job site without posting
the position. Failure to be granted access shall not be considered
part of the discipline process. The union and the city shall utilize
the Labor/Management Committee process to negotiate any
potential impacts.
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32.4. Right of Appeal
Members denied access by the Chief of Police will have the right of
appeal. Appeal may be made in writing or by scheduling a meeting
with the Police Chief. If a meeting is requested a good faith
attempt will be made to meet within ten (10) business days to hear
the appeal. The Police Chief will issue a final determination within
five (5) business days of the appeal meeting or receipt of a written
appeal, if no meeting was requested. In the case of transfer or
promotion the position being applied for will not be filled until the
appeal has been heard and decided by the Police Chief.
Members will have the right to be assisted in the appeal, be it a
meeting or written form, by an AFSCME Council 2 Representative
or designee.
32.5 Document Destruction
All documents will be destroyed after the final report has been
provided to Human Resources or after any appeal process is
completed. The final report presented to Human Resources will
not be kept in the Personnel file.
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ARTICLE 323 – DURATION OF AGREEMENT
This Agreement shall become effective January 1, 20132016, and
shall remain in full force and effect until and through December 31,
20152018.
Signed this _____ day of __________________, 2013 2016 at
Renton, Washington.
LOCAL 2170, WASHINGTON STATE COUNCIL
CITY OF RENTONCITY OF RENTON OF COUNTY AND CITY EMPLOYEES,
AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES, AFL‐CIO.
______________________________ _____________________________________
Denis Law, Mayor Patrick Miller, Local 2170 President
______________________________ _____________________________________
Nancy Carlson, Mark Watson, Staff Representative,
Former HRRM Administrator Ethan Fineout, Staff Representative Washington State Council
of County &
Washington State Council of County and City Employees
City Employees
______________________________ _____________________________________
Cathryn Laird, HR ManagerEllen Bradley‐Mak, HRRM Administrator
Donnaann Visneski, 2nd Vice President
______________________________ _____________________________________
Janelle TarasewicAngela Thomasz, Senior HR Analyst Tom L. Brain, Treasurer
______________________________ _____________________________________
Jen Becht, Finance Analyst 2amie Thomas, Finance Director Michael A.
Benoit, Member
RENTON REGIONAL FIRE AUTHORITY
Derrek Prellwitz, Member
Mark Peterson, Fire Chief
Stephanie Rary, Member
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ATTEST:
_____________________________________
Timothy Lawless , Member
______________________________ _____________________________________
Bonnie I. Walton,Jason Seth, City Clerk Teresa Phelan , Member
APPROVED AS TO FORM:
______________________________
Lawrence J. Warren, City Attorney
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APPENDIX A – AFSCME CLASSIFICATIONS
IN ALPHABETICAL ORDER (with Job Grades)
a03 *Accounting Assistant I
a05 *Accounting Assistant II
a07 *Accounting Assistant III
a09 *Accounting Assistant IV
a19 Accounting Supervisor
a09 Administrative Secretary I
a11 Airport Maintenance Worker
a23 Assistant Airport Manager
a167 *Assistant Planner
a201 *Associate Planner
a21 Building Inspector/Combination
a21 Building Inspector/Electrical
a23 Building Plan Reviewer
a23 Business Systems Analyst
a25 Capital Project Coordinator
a21 *Civil Engineer I
a25 *Civil Engineer II
a28 *Civil Engineer III
a19 Code Compliance Inspector
a12 Communications Specialist I
a21 Communications Specialist II
a21 Construction Inspector II
a17 Custodial Services Maintenance Supervisor
a26 Construction Inspector Supervisor
a01 Custodian
a24 Database Technician
a18 Development Services Representative
a20 *Economic Development Specialist
a19 Electrical Technician
a21 Emergency Management Coordinator
a19 Energy Plans Reviewer/Permit Rep.
a13 *Engineering Specialist I
a19 *Engineering Specialist II
a23 *Engineering Specialist III
a25 Facilities Coordinator
a21 Facilities Supervisor
a13 *Facilities Technician I
a15 *Facilities Technician II
a18 Farmers Market Coordinator**
a09 Fire District Liaison
a17 *Fire Inspector I
a19 *Fire Inspector II
a21 *Fire Inspector III
a12 Fire Code Inspector/Trainee
a17 *Fire Plans Reviewer/Inspector I
a19 *Fire Plans Reviewer/Inspector II
a23 *Fire Plans Reviewer/Inspector III
a11 Fleet Management Technician
a10 Form/Graphic Technician
a21 *GIS Analyst I
a23 *GIS Analyst II
a04 *Golf Course Maintenance Worker I
a08 *Golf Course Maintenance Worker II
a12 *Golf Course Maintenance Worker III
a09 Golf Course Operations Assistant
a15 Grounds Equipment Mechanic
a07 Hearing Examiner’s Secretary
a20 Housing Repair Coordinator
a08 Housing Repair Technician
a20 Human Services Coordinator
a19 HVAC Systems Technician
a08 Judicial Specialist
a10 Judicial Specialist/Trainer
a24 Lead Building Inspector
a22 Lead Code Compliance Inspector
a24 Lead Construction Inspector
a04 Lead Custodian
a24 Lead Fire Inspector
a16 Lead Golf Course Maintenance Worker
a15 Lead Judicial Specialist
a11 Lead Maintenance Custodian
a16 Lead Maintenance Services Worker
a08 Lead Office Assistant
a16 Lead Park Maintenance Worker
a13 Lead Payroll Analyst
a19 Lead Vehicle & Equipment Mechanic
a18 Lead Water Util Pump Station Mechanic
a07 Legal Assistant
a15 Lift Station Technician
a17 Maintenance Buyer
a07 Maintenance Custodian
a04 *Maintenance Services Worker I
a08 *Maintenance Services Worker II
a12 *Maintenance Services Worker III
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a29 Mapping Coordinator
a09 Mechanic’s Assistant
a12 Multimedia/Records Specialist
a16 Neighborhood Program Assistant
a252 Neighborhood Program Coordinator
a20 *Network Systems Specialist
a32 Network Systems Manager
a01 *Office Assistant I
a03 *Office Assistant II
a05 *Office Assistant III
a17 Paralegal
a21 Park Maintenance Supervisor
a04 *Parks Maintenance Worker I
a08 *Parks Maintenance Worker II
a12 *Parks Maintenance Worker III
a23 Pavement Management Technician
a11 Payroll Analyst
a10 Permit Technician
a23 Plan Reviewer
a09 *Planning Technician I
a15 *Planning Technician II
a32 Principal Civil Engineer –
Transportation Systems Division
a07 Print & Mail Operator
a13 Print & Mail Supervisor
a04 Pro Shop Assistant
a10 Probation Clerk
a18 Probation Officer
a16 Program Assistant
a25 *Program Development Coordinator I
a29 *Program Development Coordinator II
a13 Program Specialist
a25 Property Services Agent
a23 Property Services Specialist
a18 Public Records Analyst
a08 Purchasing Assistant
a11 Records Management Coordinator
a09 Records Management Specialist
a18 Recreation Program Coordinator
a11 Recreation Specialist
a09 Recreation Systems Technician
a05 Secretary I
a07 Secretary II
a24 *Senior Economic Development Specialist
a24 *Senior Network Systems Specialist
a248 *Senior Planner
a15 Senior Program Specialist
a24 *Senior Systems Analyst
a17 Senior Service Desk Technician
a21 Service Desk Supervisor
a13 Service Desk Technician
a09 *Signal/Electronics Systems Ass’t I
a13 *Signal/Electronics Systems Ass’t II
a17 *Signal/Electronics Systems Tech I
a21 *Signal/Electronics Systems Tech II
a04 Solid Waste Maintenance Worker
a23 Street Maintenance Services Supervisor
a21 *Systems Analyst/Programmer
a08 *Traffic Maintenance Worker I
a12 *Traffic Maintenance Worker II
a1721 Traffic Signage & Marking Supervisor
a24 Transportation Planner
a32 Utility/GIS Engineer
a15 Vehicle & Equipment Mechanic
a23 Waste Water Maintenance Services Supv.
a21 Water Maintenance Services Supervisor
a07 Water Meter Technician
a17 Water Quality/Treatment Plant Operator
a19 Water Utility Instrument/SCADA Tech
a21 Water Utility Maintenance Supervisor
a15 Water Utility Maintenance Technician
a17 Web Specialist
*Classification Series
** Salary grade pending Council approval
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APPENDIX B – SALARY INDEX FOR 20132016
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APPENDIX C – SALARY REVIEW
During the process of negotiations for the 2016‐2018 collective
bargaining agreement, the parties agreed to a review of salaries for
classifications covered by the Local 2170 agreement. Recognizing
that the City had gathered salary data in 2014, the union agrees to
utilize, where appropriate, such data by updating any changes to
the jurisdictions’ salary plans for the fiscal years 2015 and 2016.
The parties also agree to utilize, where appropriate, resources such
as the AWC Salary Survey in an attempt to minimize cost and time
commitments.
The review of salaries shall be handled through a committee
comprised of three union representatives and three
representatives from Human Resources.
Meetings of the committee shall begin in sufficient time and
frequency to accommodate a completion of the review by July 1,
2017. Once the review is complete, the parties agree to meet to
negotiate the implementation of any changes necessary to the
AFSCME salary plan to become effective January 1, 2018.
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APPENDIX C D – INDEX
A
abuse of sick leave .......................... 31
accrual ............................................. 29
Accrual ............................................ 36
accrual rate ..................................... 36
accrual rates .................................... 72
acting pay ........................................ 29
adjusted hire date ..................... 64, 66
alternative work schedules ....... 20, 21
alternative/flex work schedules ...... 20
anniversary ..................................... 44
Appendix A – AFSCME Classifications
..................................................... 77
Appendix B – Salary Index for 2013 79
Appendix C – Index ......................... 84
arbitration ................................. 57, 58
at will............................................... 54
B
bereavement leave ......................... 37
biennial budget process .................. 68
bulletin boards ................................ 48
bumping rights .......................... 64, 68
bumps ............................................. 70
C
callback ........................................... 28
call‐back .......................................... 26
candidate pool ................................ 53
cash out .......................................... 30
cashed out hours ............................ 72
Christmas Day ................................. 32
city seniority ..... 64, 66, 67, 69, 71, 72
classification16, 17, 43, 47, 53, 54, 63,
64, 65, 67, 68, 69, 70, 71, 72
classification seniority ............... 66, 71
classification series ......................... 64
Classification Series......................... 78
clean‐up time .................................. 23
COBRA ............................................. 42
compensated hours ........................ 24
compensatory ........................... 24, 25
compensatory time ................... 24, 25
conferences .................................... 43
consecutive hours worked .............. 22
continuous service .................... 64, 66
co‐pays ............................................ 38
D
deferred compensation .................. 46
demotion ........................................ 63
dental ........................................ 39, 42
disability plan .................................. 31
discharge ............................. 30, 47, 62
disciplinary action ..................... 51, 62
discipline ................................... 47, 62
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 92
double time ..................................... 26
dues .......................................... 18, 19
E
emergency situations .......... 22, 23, 37
employee contributions .................. 41
employment practices .................... 51
entire agreement ............................ 60
excluded positions .......................... 16
Executive Board ............ 16, 17, 52, 59
extended overtime .......................... 26
Extended Overtime ......................... 27
F
F.M.C.S. ........................................... 57
Fair Labor Standards Act ................. 25
Federal Mediation and Conciliation
Service .......................................... 57
flexible work schedules ................... 21
flex‐time .......................................... 21
FMLA ............................................... 29
G
grievance ................. 54, 55, 56, 57, 58
grievance procedure ....................... 55
grievances ................................. 48, 49
group term ...................................... 41
H
health insurance ............................. 38
health, safety and productivity ....... 59
holiday .................... 32, 33, 34, 35, 46
holidays falling on scheduled day off
..................................................... 34
holidays falling on weekends .......... 35
hours of work .................................. 20
I
Independence Day .......................... 32
initial probationary period .............. 65
insurance ............................ 39, 40, 41
J
July 4 ............................................... 32
jury duty .......................................... 42
just cause .................................. 47, 62
L
Labor Day ........................................ 32
labor/management committee ...... 49
layoff ................................... 63, 65, 68
layoff and recall .............................. 63
Leave Donation Program ................ 63
life insurance................................... 41
limited term .............................. 14, 15
Limited Term ................................... 71
longevity ................................... 41, 44
long‐term disability ......................... 31
lunch period .................................... 21
M
management rights ......................... 46
Martin Luther King, Jr. Day ............. 32
meal and rest periods ..................... 22
meal period ..................................... 22
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 93
medical ................................ 39, 42, 63
medical leave .................................. 29
members in good standing ............. 15
membership .................................... 19
Memorial Day ................................. 32
N
new employees ............................... 20
New Year’s Day ............................... 32
non‐discrimination .......................... 51
O
officers ............................................ 20
oral reprimand .......................... 51, 62
original hire date ............................. 65
overtime ...... 22, 23, 24, 25, 26, 27, 47
P
PAC program ................................... 19
pager ............................................... 28
paid release time ...................... 47, 49
part‐time ....................... 35, 36, 37, 45
pay period ....................................... 46
PERS ................................................ 30
PERS I .............................................. 30
personal holiday .............................. 35
personal holidays ............................ 33
position review ............................... 17
posting of vacancies ........................ 51
Preamble ......................................... 14
premium ................................... 29, 40
previously held position .................. 65
priority of Federal, State and City
Laws ............................................. 61
probationary employee .................. 65
probationary period ............ 54, 65, 67
promoted ........................................ 54
promotion ........................... 29, 54, 67
promotional opportunity .......... 53, 54
pro‐rated ............................. 35, 36, 45
public interest ................................. 50
R
rain gear .......................................... 59
recall ............................................... 65
recall list .......................................... 65
recall rights ..................................... 69
reclassification reviews ................... 17
Recognition and Bargaining Unit .... 14
reduction ...................... 41, 65, 66, 67
reemployment list ........................... 65
regular part‐time ............................ 37
REHBT ..................... 38, 39, 40, 41, 42
rehire list ......................................... 65
REHP ................................... 38, 40, 41
reinstatement ................................. 65
religious tenets ............................... 15
Renton Employees’ Healthcare Board
of Trustees ............................. 38, 40
Renton Employees’ Healthcare Plan
..................................................... 38
rest period ...................................... 23
right of non‐association .................. 15
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 94
S
safety shoes .................................... 60
salaries ............................................ 43
savings clause .................................. 60
selection process ............................. 52
seniority ........................ 28, 64, 66, 71
shift differential .............................. 28
shop steward .................................. 48
sick leave ....................... 26, 30, 31, 50
sick leave cash out .......................... 30
staff representative ............. 48, 58, 75
standby ........................................... 28
steel toed boots .............................. 60
stewards .......................................... 20
suspension ................................ 51, 62
T
Thanksgiving ................................... 32
tie‐breaker ...................................... 68
time banks ....................................... 25
training ...................................... 43, 48
U
uniform allowance .......................... 29
union activities ................................ 51
union membership and dues
deduction ..................................... 18
union recognized ............................ 14
V
vacancies ......................................... 52
Vacancies ........................................ 52
vacation ........................ 26, 31, 36, 37
Vacation Cash Out .......................... 37
Veterans’ Day .................................. 32
volunteers ........................... 24, 28, 62
W
work day ....................... 21, 22, 26, 37
work schedules ............. 20, 21, 22, 47
work stoppage ................................ 50
work week .............. 20, 21, 24, 25, 35
workday ....... 22, 23, 24, 25, 28, 42, 48
written reprimand .................... 51, 62
A
abuse of sick leave .......................... 25
Accrual ............................................ 29
accrual rate ..................................... 29
accrual rates .................................... 64
accrual ............................................. 23
acting pay ........................................ 22
adjusted hire date ............... 55, 57, 58
alternative work schedules ....... 15, 16
alternative/flex work schedules ...... 15
anniversary ..................................... 37
Appendix A – AFSCME Classifications
..................................................... 66
Appendix B – Salary Index for 2013 68
Appendix C – Index ......................... 72
arbitration ........................... 48, 49, 50
at will .............................................. 46
AGENDA ITEM #8. k)
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B
bereavement leave ......................... 30
biennial budget process .................. 60
bulletin boards ................................ 40
bumping rights .......................... 56, 60
bumps ............................................. 62
C
callback ........................................... 22
call‐back .......................................... 21
candidate pool ................................ 45
cash out ..................................... 19, 24
cashed out hours ............................ 64
Christmas Day ................................. 26
city seniority 55, 57, 59, 60, 61, 63, 64
classification11, 12, 36, 39, 45, 54, 55,
56, 57, 58, 59, 60, 61, 62, 63
classification seniority ............... 57, 63
classification series ......................... 56
Classification Series ......................... 67
clean‐up time .................................. 18
COBRA ............................................. 34
compensated hours ........................ 19
compensatory ................................. 19
compensatory time ......................... 19
conferences ..................................... 36
consecutive hours worked .............. 17
continuous service .................... 55, 57
co‐pays ............................................ 31
D
deferred compensation .................. 38
demotion ........................................ 54
dental ........................................ 31, 34
disability plan .................................. 24
discharge ............................. 24, 39, 54
disciplinary action ..................... 43, 54
discipline ................................... 39, 54
double time ..................................... 20
dues .......................................... 13, 14
E
emergency situations .......... 16, 18, 30
employee contributions .................. 34
employment practices .................... 43
entire agreement ............................ 52
excluded positions .......................... 10
Executive Board ............ 11, 12, 43, 51
extended overtime ......................... 20
Extended Overtime ......................... 21
F
F.M.C.S. ........................................... 49
Fair Labor Standards Act ................. 19
Federal Mediation and Conciliation
Service ......................................... 49
flexible work schedules ................... 16
flex‐time .......................................... 16
FMLA ............................................... 23
G
grievance ................ 46, 47, 48, 49, 50
grievance procedure ....................... 47
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 96
grievances ........................... 39, 40, 41
group term ...................................... 34
H
health insurance ............................. 31
health, safety and productivity ....... 50
holiday .......................... 26, 27, 28, 38
holidays falling on scheduled day off
..................................................... 27
holidays falling on weekends .......... 28
hours of work .................................. 15
I
Independence Day .......................... 25
initial probationary period .............. 56
insurance ............................. 31, 33, 34
J
July 4 ............................................... 25
jury duty .......................................... 35
just cause .................................. 39, 54
L
Labor Day ........................................ 25
labor/management committee ...... 41
layoff ................................... 55, 56, 60
layoff and recall............................... 55
Leave Donation Program ................ 55
life insurance ................................... 34
limited term ................................ 9, 10
Limited Term ................................... 63
longevity ................................... 34, 37
long‐term disability ......................... 24
lunch period .................................... 16
M
management rights ......................... 38
Martin Luther King, Jr. Day ............. 25
meal and rest periods ..................... 17
meal period ..................................... 17
medical ......................... 23, 31, 34, 55
medical leave .................................. 23
members in good standing ............. 10
membership .................................... 14
Memorial Day ................................. 25
N
new employees ............................... 14
New Year’s Day ............................... 25
non‐discrimination .......................... 43
O
officers ............................................ 15
oral reprimand .......................... 42, 54
original hire date ............................. 57
overtime ........... 17, 18, 19, 20, 21, 38
P
PAC program ................................... 14
pager ............................................... 22
paid release time ............................ 39
paid release time ............................ 40
part‐time ....................... 28, 29, 30, 37
pay period ................................. 37, 38
PERS ................................................ 24
PERS I .............................................. 24
AGENDA ITEM #8. k)
AFSCME, Local 2170 Contract
20163 – 20158
Page 97
personal holidays ............................ 26
personal holiday .............................. 28
position review ............................... 12
posting of vacancies ........................ 43
Preamble ........................................... 9
premium ................................... 23, 33
previously held position .................. 57
priority of Federal, State and City
Laws ............................................. 53
probationary employee .................. 57
probationary period ...... 46, 56, 57, 59
promoted ........................................ 46
promotion ..................... 23, 45, 46, 59
promotional opportunity ................ 45
pro‐rated ............................. 28, 29, 37
public interest ................................. 41
R
rain gear .......................................... 51
recall ......................................... 56, 57
recall list .......................................... 56
recall rights ..................................... 61
reclassification reviews ................... 12
Recognition and Bargaining Unit ...... 9
reduction ............................. 34, 56, 58
reemployment list ........................... 56
regular part‐time ............................. 30
REHBT ............................ 30, 31, 33, 34
rehire list ......................................... 56
REHP .................................... 30, 31, 33
reinstatement ................................. 57
religious tenets ............................... 10
Renton Employees’ Healthcare Board
of Trustees ....................... 30, 31, 33
Renton Employees’ Healthcare Plan
............................................... 30, 31
rest period ...................................... 18
right of non‐association .................. 10
S
safety shoes .................................... 51
savings clause ................................. 52
selection process ............................ 44
seniority ........................ 22, 55, 57, 63
shift differential .............................. 21
shop steward .................................. 39
sick leave ................. 20, 23, 24, 25, 42
sick leave cash out .......................... 24
salaries ............................................ 36
staff representative ............ 40, 49, 65
standby ........................................... 22
steel toed boots .............................. 51
stewards ......................................... 15
suspension ................................ 42, 54
T
Thanksgiving ................................... 26
tie‐breaker ...................................... 59
time banks ...................................... 19
training ................................ 35, 36, 40
U
uniform allowance .......................... 22
union activities ................................ 43
AGENDA ITEM #8. k)
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20163 – 20158
Page 98
union membership and dues
deduction ..................................... 13
union recognized .............................. 9
V
vacancies ......................................... 44
Vacancies ........................................ 43
vacation ......................... 20, 24, 29, 30
Veterans’ Day .................................. 26
volunteers ........................... 18, 22, 53
W
work day ........... 15, 16, 17, 20, 21, 30
work schedules ............. 15, 16, 17, 39
work stoppage .......................... 41, 42
work week .................... 15, 19, 20, 28
workday ...... 17, 18, 19, 20, 21, 35, 39
written reprimand .................... 42, 54
AGENDA ITEM #8. k)
AB - 1708
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: IAFF Local 864 Firefighters contract approval for 2016-2018
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
see below
SUMMARY OF ACTION:
The parties began the bargaining process for a successor agreement to the 2016‐2018 agreement on January
22, 2016. Several meetings were held until the city and union were able to come to a tentative agreement on
June 20, 2016. The parties had engaged in coalition bargaining with other city unions in mid-2016 regarding
health insurance issues. Since employees now pay a percentage of the total cost of the plan, i.e., 8%, the only
change was to increase the employee premium to 9% in 2020.
The term of the contract will run from January 1, 2016, through December 31, 2018. Wage increases were
agreed to as follows:
For 2016, base wages will be increased by 2%, effective July 1, 2016.
For 2017, base wages will be increased by 2.5%, effective January 1, 2017.
For 2018, base wages will be increased by 2.5 %, effective January 1, 2018.
Some language changes were addressed and the parties also agreed to the following:
- Rescue Swimmers were added to Special Teams at a 1% premium, effective July 1, 2016.
- The parties shall develop a policy, through the labor management process, that addresses accountability
regarding the utilization of sick leave in connection with shift trades.
- Comp time accrual is limited to 100 hours, and STOT is eliminated
The membership is expected to ratify the agreement on July 10, 2016, and the Renton Fire Authority (RFA) and
IAFF Local 864 approved the agreement via a Memorandum of Agreement (MOU).
EXHIBITS:
IAFF Local 864 Firefighters' contract draft 2016-2018, redline version
STAFF RECOMMENDATION:
Adopt the Agreement between the Parties, the 2016-2018 IAFF Local 864 Firefighters contract, and authorize
the Mayor and City Clerk to sign.
AGENDA ITEM #8. l)
AGREEMENT
By and Between
CITY OF RENTON
and
RENTON FIREFIGHTERS LOCAL 864
January 1, 20136– December 31, 20158
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
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AGENDA ITEM #8. l)
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TABLE OF CONTENTS
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT ............................... 5
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION ..................... 6
ARTICLE 3 – EMPLOYMENT PRACTICES .................................................... 8
ARTICLE 4 – HOURS OF WORK ............................................................... 11
ARTICLE 5 – SALARIES ............................................................................. 14
ARTICLE 6 ‐ DEPARTMENTAL WORK RULES ........................................... 15
ARTICLE 7 – SICK LEAVE .......................................................................... 18
ARTICLE 8 – HOLIDAYS ........................................................................... 27
ARTICLE 9 – EDUCATIONAL INCENTIVE AND PROMOTIONAL
QUALIFICATIONS ............................................................... 30
ARTICLE 10 – VACATIONS ....................................................................... 31
ARTICLE 11 – BEREAVEMENT ................................................................. 35
ARTICLE 12 – LONGEVITY ....................................................................... 35
ARTICLE 13 – PENSIONS ......................................................................... 36
ARTICLE 14 – INSURANCE ....................................................................... 36
ARTICLE 15 – DEFERRED COMPENSATION & INCOME PROTECTION
PLAN ................................................................................. 41
ARTICLE 16 – MANAGEMENT RIGHTS .................................................... 42
ARTICLE 17 – PERFORMANCE OF DUTY ................................................. 44
ARTICLE 18 – DEFINITION OF DUTIES ..................................................... 45
ARTICLE 19 – OVERTIME ........................................................................ 45
ARTICLE 20 – RETENTION OF BENEFITS .................................................. 48
ARTICLE 21 – GRIEVANCE PROCEDURE .................................................. 48
ARTICLE 22 – NEW POSITIONS ............................................................... 50
ARTICLE 23 – SUCCESSORS AND ASSIGNS .............................................. 51
ARTICLE 24 – SAVINGS CLAUSE .............................................................. 51
ARTICLE 25 – ENTIRE AGREEMENT ......................................................... 52
ARTICLE 26 – DURATION OF AGREEMENT ............................................. 53
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
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APPENDIX A: SALARIES ........................................................................... 54
APPENDIX B: LONGEVITY ........................................................................ 57
APPENDIX C: VACATION PRORATED SCHEDULE ..................................... 59
INDEX ...................................................................................................... 61
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
Page 5 of 66
PREAMBLE
This Agreement is entered into between the City of Renton,
hereinafter referred to as the Employer, and the Renton
Firefighters Local 864, hereinafter referred to as the Local or Union,
governing wages, hours, and working conditions.
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT
1.1. Represented Classifications. The Employer recognizes the
Local as the exclusive representative of all classifications of the
Renton Fire & Emergency Services Department, as listed in
Appendix A, consistent with Department of Labor & Industries
certification (Case No. 0‐1013).
1.2. Union Officials. The elected President, or any other members
of the Local appointed by the President, shall be recognized by the
Employer as an official of the Local empowered to act on behalf of
the members of the unit for negotiating with the Employer. The
number of official representatives representing the Local on any
matter shall be limited to three.
1.3. Union Responsibility. The Employer recognizes the Local’s
right to operate and manage its affairs in accord with its
Constitution and By‐Laws. The Local agrees and covenants to act
strictly in conformity with its Constitution and By‐Laws, with all
State statutes, and with the terms set forth in this agreement.
AGENDA ITEM #8. l)
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20136 ‐ 20158
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ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION
2.1. Membership/Non‐Association. The Employer and the Local
agree that all employees covered by the terms of this Agreement
who are members of the Local on the execution date of the
Agreement shall remain members and those who are not members
on the execution date of this Agreement shall, on or before the
thirtieth day following the execution date of this Agreement,
become and remain members of the Local. It shall also be a
condition of employment that all employees covered by this
Agreement and hired on or after its execution date shall, on the
thirtieth day following the beginning of such employment, become
and remain members of the Local. PROVIDED: The right of non‐
association of employees of the Renton Fire & Emergency Services
Department based on bona fide religious tenets or teachings of a
church or religious body of which such employee is a member shall
be protected at all times, and such employee shall pay a sum as is
provided in RCW 41.56, “Chapter 59, Laws of 1973”.
2.2. Executive Board Release Time. The Employer will grant to
employees who are Union representatives reasonable time off with
pay for the purpose of attending scheduled sessions with City
officials that concern Union business provided that normal flow at
work is not interrupted. Beginning in 2011, the City will provide a
bank of $10,000 per calendar year to pay to backfill Union
representatives that are out on Union business. The Employer
retains the right to restrict such release time when an emergency
exists or such release would create a danger to public safety.
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2.3. Union Dues Deductions. Upon written authorization by an
employee and approval by a representative of the Local, the
Employer agrees to deduct from the wages of each employee the
sum certified as initiation fee and once each month Union dues and
forward the sum to the Local’s Secretary or Treasurer. If an
employee does not have a check coming to him/her or the check is
not large enough to satisfy the assessments, no deduction shall be
made from the employee for that calendar month.
The Union agrees to hold the Employer harmless from any claims
filed by employees against the Employer arising out of the
Employer’s activities to enforce the provisions of this article, except
those caused by negligence by the Employer.
2.4. Union‐Directed Trust Fund. Local 864 shall have the option
during the life of this contract to direct the City to deduct a fixed
dollar/percentage from the base salaries for all classifications
covered by the contract. The City shall deposit such deduction
biweekly into a trust fund established by the Association to pay
health insurance premiums for eligible retirees and dependents as
directed by the Union.
Upon the exercise of this option, the Association agrees to allow
the City to audit the books and records of the trust it establishes, at
the City’s request, and to indemnify, defend and hold the City
harmless from any and all liability, claims, demands, suit or any loss
or damage, or injury to persons of property arising from or related
to the provisions of this paragraph, including income tax
withholding liabilities or tax penalties.
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
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2.5. PAC Program Deductions. The Employer will allow Local 864
the option to have funds deducted from their paychecks 12 times
annually to allow for contribution to the IAFF Fire PAC and WSCFF
Fast PAC programs. The Employer will cut one check to the IAFF
made out to the IAFF Fire PAC and one check to the WSCFF Fast
PAC made out to the WSCFF Fast PAC once a month to Local 864.
Local 864 will be responsible for the delivery of the checks to the
IAFF and to the WSCFF.
ARTICLE 3 – EMPLOYMENT PRACTICES
Personnel reductions, vacancies, and promotions shall be handled
in accordance with existing Civil Service Rules and Regulations and
state laws relating or pertaining thereto.
3.1. Personnel Files. The personnel files are the property of the
Employer. The Employer agrees that the contents of the personnel
files, including the personal photographs, shall be confidential and
shall restrict the use of information in the files to internal use by
the Fire & Emergency Services Department and the Human
Resources & Risk Management Department, as needed.
This provision shall not restrict such information from becoming
subject to due process by any court or administrative tribunal. It is
further agreed that information may be released to outside groups
subject to the approval of both the Employer and the employee.
Nothing in this Section shall prevent any employee from viewing
his/her original personnel file. A request to review the personnel
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
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file must be made at least 24 hours in advance. The Employer and
the employee agree that nothing of a disciplinary nature shall be
inserted into the personnel file without a copy first going to the
employee.
Written warnings shall be expunged from personnel files (at
employee’s written request) after a maximum period of two (2)
years if there is no reoccurrence of misconduct for which the
employee was disciplined during that period. Any record of serious
discipline, defined as suspension or greater, with the exception of
discipline for discrimination, harassment, or retaliation shall be
expunged from the personnel files after a maximum of four (4)
years if there is no reoccurrence of misconduct for which the
employee is disciplined during that period. Nothing in this section
shall be construed as requiring the Employer to destroy any
employment records necessary to the Employer’s case if it is
engaged in litigation with the employee regarding that employee’s
employment at the time those records would otherwise be
destroyed. The parties recognize that the Employer may retain
internal investigation files although such files may not be used in
discipline and discharge cases if they could not otherwise be
retained in personnel files pursuant to this section. Personnel files
shall be released to the Civil Service Commission for the purpose of
promotional examinations and in the event of disciplinary hearings.
3.2. Non‐Discrimination Clause. It is agreed by the Employer and
the Local that both parties are obligated to provide equality of
opportunity, consideration, and treatment of all employees
employed by the Renton Fire & Emergency Services Department in
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
Page 10 of 66
all phases of the employment process. Therefore, both the Union
and the Employer agree not to discriminate on the basis of Union
activity, race, color, gender, national origin, age, disability (unless a
bona fide occupational qualification exists), ethnic group, marital
status, religion, or sexual orientation. (Including those persons
exercising their rights under Article 2, Section A.)
3.3. Seniority. Any employee in a classification listed in Appendix
A shall accrue seniority through continuous employment with the
Renton Fire & Emergency Services Department including those
employees that become members of the bargaining unit as a result
of merger. The Employer shall establish a seniority list and shall
update it at least once per calendar year. The seniority list shall be
posted on the bulletin board with a copy sent to the Secretary of
the Union. This list shall be established by classification.
3.4. Lay Off. Layoffs will be based on seniority with the first layoff
being the employee with the least amount of time within the
Renton Fire & Emergency Services Department. In the event of the
abolishment of a position the employee(s) with the least amount of
time in rank shall be laid off or dropped in rank. An employee will
not be reduced in rank by more than one classification as a result of
layoffs or staff reductions. In the event an employee is rehired the
Chief will have the discretion to determine an adequate amount of
training necessary to resume the duties of the position. If a layoff is
necessary the employee will be placed on a rehire list that will last
for (5) five years. In the event of rehire purposes the list will be
used as the sole list and will be used until it has been depleted and
or (5) years has expired. After six (6) months in a laid off status a
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
Page 11 of 66
physical examination is a prerequisite for reemployment. A
reinstated employee shall serve a probationary period of one year
if the employee has been laid off for two and one half years (2 ½)
or more. A rehired employee will assume rank and time in grade
equal to their classification at the time of separation.
ARTICLE 4 – HOURS OF WORK
For the purpose of defining working hours, the department shall be
divided into the following sections: Community Risk Reduction,
Safety and Support Services, and Response Operations.
4.1. Community Risk Reduction and Safety & Support Sections.
The normal schedule for employees assigned to either Community
Risk Reduction or Safety and Support Services a day staff position in
any sections shall be equivalent to 40 hours per week exclusive of
lunch. Workdays shall commence at as early as 0600 or as late as
0900 hours, Monday through Friday, in any combination of the
following mutually agreed schedules:
(4) – 10 hour days per week, or
(5) – 8 hour days per week, or
(8) – 9 hour days, (1) 8 hour day and every other Monday or Friday
off in a pay period (a ‘9‐80’ schedule).
4.2. Response Operations Section. The normal working schedule
for the Fire Response Operations section shall be in twenty‐four
(24) hour shifts as follows. For Section 7(k) purposes under the Fair
Labor Standards Act, the work period (FLSA, 29 U.S.C., 207)(k) shall
AGENDA ITEM #8. l)
Firefighters, Local 864 Contract
20136 ‐ 20158
Page 12 of 66
be eighteen (18) days beginning on January 2, 2010 and every
eighteen (18) days thereafter, for a total of 136 hours maximum:
4.2.1. Shift Personnel. Employees will work one twenty‐four
(24) hour shift followed by forty‐eight (48) hours off duty. The
working shift will begin at 0800 hours, except for a Captain
working as an Acting Battalion Chief/Safety Officer. Acting
Battalion Chiefs/Safety Officers will start at 0730 hours.
4.2.2. Kelly Shift. Employees will receive one “Kelly” shift
every six (6) regularly scheduled shifts to reduce the normal
workweek to 46.6 hours.
4.2.3. Lunch and Dinner Breaks. A one‐hour lunch break, and
a one‐hour dinner break, shall be included in the daily work
schedule, in accordance with Fire & Emergency Services
Department Rules and Standard Operating Procedures.
4.2.4. Rest Breaks. Rest breaks will be allowed in accordance
with Fire & Emergency Services Department Rules and
Standard Operating Procedures.
4.2.5. Consecutive Hours Worked. The number of
consecutive hours an Employee is allowed to work in
Response Operations shall not exceed seventy‐two (72) hours.
Exception: In the event of an emergency when it is necessary
to retain a workforce on the scene or at the stations.
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4.3. Training and Drills. Training and drill hours shall be from 0800
to 2200 hours Monday through Sunday. Night drills will be
scheduled by management for the purpose of maintaining
operational skills in the area of night fire response operations and
interdepartmental cooperation.
For purposes of this Section, training is defined to include those
subjects and classifications of training as set forth in the
International Fire Service Training Association Manual, Current
Edition and the Washington State Joint Apprenticeship Training
Council. Training does not include other forms of scheduled work
such as maintenance and repair of equipment and facilities,
inspections, public instruction, and directly related activities unless
the foregoing are being taught as part of a regularly scheduled
classification of training.
4.4. Shift Exchanges. Employees may exchange shifts with prior
approval of the company supervisor and in accord with Fire &
Emergency Services Department Rules and Regulations. No shift
exchange shall be made which will result in extra payroll cost to the
Employer. All shift exchanges must be repaid within twelve (12)
months of date of exchange.
The parties agree to utilize the labor management process to
work out a mutually agreeable policy to ensure accountability
regarding the utilization of sick leave in connection with shift
trades. If the parties do not have an agreement by December 31,
2016, the Union and Chief agree to put the following interim policy
in place until an agreement is reached:
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In the event that the Union member is unable to pay back a
traded shift due to illness, that employee shall attempt to find
a trade replacement. If the employee is unable to find a trade
replacement, the employee will have the option of either using
sick leave at the straight time (or at the overtime rate if an
overtime situation is incurred by the City) or paying the time
back by working as future overtime situations present
themselves. If the latter option is chosen, the employee will not
be eligible to receive overtime until the equivalent of the
missed shift has been offset by an equivalent number of hours
worked.
4.5. Standby Pay: Employees performing standby duty
encompassing either “Safety Officer” or Response Operations will
be paid at a rate of five (5) dollars an hour. Employees on the list
will remain in a duty ready state and available to respond within
one (1) hour for a response operations recall and 30 minutes for a
Safety Officer recall. Employees on the list will be paid for an entire
24 hour shift unless they are activated, at that time the employee
will transfer to the appropriate pay rate of 1.5 times straight time
pay.
ARTICLE 5 –SALARIES
Salaries shall be paid in accord with Appendix A of this Agreement.
5.1. Pay Days. Paydays shall be on the 10th and 25th of each month.
Should the paydays fall on a Saturday or Sunday or holiday,
paychecks shall be issued on the preceding working day. For the
pay period, December 16 through December 31, pay will be
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received on January 10 the following year. The City retains the right
to mandate electronic deposit of paychecks during the life of this
agreement. Effective January 1, 2017, the employer shall no longer
issue paper stubs to employees. Employees will receive
instructions regarding online viewing of their individual pay stubs
prior to January 1, 2017.
5.2. Payroll Errors. When an error has been made on a paycheck
affecting the regular pay, which includes premiums, payroll will
make every effort to correct the error(s) within ten (10) business
days. If an error has been made affecting pay other than regular
pay, which includes premiums, the correction will be made on the
following paycheck after the error was reported to payroll.
ARTICLE 6 ‐ DEPARTMENTAL WORK RULES
6.1. Notification of Changes. Excluding emergency situations, the
Employer agrees to notify the Local in advance of changes affecting
working conditions of any employee covered by this Agreement. At
the request of the Local, the Employer agrees to meet and confer
with the Local before such changes are put into effect.
6.2. Uniform Allowance. Each employee shall receive a uniform
allowance of 1.25% of top step of firefighter annual base pay. The
Uniform allowance paycheck will be paid on a separate voucher on
the second payday paycheck in February. The purpose of such
allowance is to buy, maintain, and/or repair any equipment or
clothing required by the Employer which is not furnished by the
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Employer. All employees covered shall have and maintain 3 house
uniforms.
The Employer shall furnish all protective clothing or protective
devices required of the employees in the performance of their
duties; such protective clothing and devices will remain the
property of the Employer and shall be worn only in the
performance of Renton Fire & Emergency Services Department
duties.
6.2.1. Safety Boots. The employee will be required to
maintain a pair of approved safety boots as stated in the
SOP’s. The replacement costs of these boots will be borne by
the employee.
6.2.2. Repayment of Allowance. The allowance is subject to
a pro rata deduction from the employee’s final paycheck in
the event he/she does not serve the entire twelve months for
which such payment was made, with the exception of an
employee who retires or expires, in which event no deduction
shall be made.
6.2.3. Quartermaster System. In lieu of this allowance and at
the Employer’s option, a quartermaster system may be
instituted. Under this program the Employer would purchase
and maintain, including cleaning, any equipment or clothing
required by the Employer. Prior to implementation both
parties shall agree as to what is required equipment and
clothing.
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6.2.4. Uniform Inspections. Periodic inspections may be
conducted at the discretion of the Chief to monitor the
appearance and serviceability of uniform clothing and
equipment. It shall be the responsibility of the individual
employee to replace any piece of clothing or equipment which
the Chief determines is substandard.
6.3. Working Out of Classification. A Firefighter or officer who is
assigned to assume the duties of a higher classification as set forth
in the Fire & Emergency Services Department Standard Operating
Procedures shall be paid at the rate of the higher classification hour
for hour.
An officer from the Captain’s rank or higher may be assigned to
assume the role of Acting Deputy Fire Chief. The Acting Deputy Fire
Chief will receive compensation as the Battalion Chief/Safety
Officer’s rate per the current bargaining agreement and maintain
all benefits in such agreement including the eligibility to work
overtime as outlined in Article 19. They will also receive the day
shift differential pay for the period of the assignment. Employees
acting in this position will remain members of Local 864.
6.4. Assignment outside Response Operations. Firefighters,
Lieutenants, and Captains assigned to day shift for 30 consecutive
days or more (excluding light duty) shall receive an additional 5
percent (5%) of the employee’s base wage per pay period. All
contract provisions relative to working out of classification or
relative to holidays shall be applicable.
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Employees assigned to day positions may be assigned to that
position for up to two (2) years. Additional time in that position
may be mutually agreed upon in one (1) year increments. If that
employee is promoted outside of that position, the commitment to
the position from which they are promoted will be waived.
6.5. Premium Pay.
In addition to regular pay, premium pay shall be granted to certain
employees in accordance with the schedule below. The Fire Chief
retains the right to determine the number of individuals assigned
to any departmental special team.
Employee
Premium
per Month
Special Team Assignment (Rope, Dive, Rescue
Swimmers or HazMat)
1%
*Rescue swimmers will be paid special team premium beginning 7/1/2016
ARTICLE 7 – SICK LEAVE
Sick leave benefits are hereby fixed and established in the following
manner:
7.1. LEOFF I Sick Leave Accrual Rate. The Employer agrees to allow
each LEOFF I employee hired before October 1, 1977 sick leave
benefits computed on the following basis:
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All LEOFF I members will accrue sick leave at a rate of twenty‐
four (24) hours per month up to a maximum balance of one
hundred sixty‐eight (168) hours and at a maximum accrual
rate of 168 hours per year.
7.2. LEOFF I Use of Sick Leave. In case of sickness or disability, the
LEOFF I employee shall first use and exhaust any and all sick leave
benefits accrued pursuant to Section 7.1 above prior to receiving
any sick or disability benefits pursuant to RCW 41.26.150 and/or
for RCW 41.26.120. Sick leave benefits shall not be accrued during
any period while such employee is on “disability leave” or
“disability retirement” under the provisions of the LEOFF System.
However, if such employee is returned to full active duty with the
Employer prior to the expiration of the six‐month period and prior
to any final disability retirement, then such leave credit shall accrue
to his/her benefit during such temporary period of disability.
7.3. LEOFF II Sick Leave Accrual Rate. The employer agrees to
allow each employee hired after October 1, 1977, sick leave
benefits computed on the following, basis:
All LEOFF II employees will accrue sick leave at a rate of
twelve (12) hours per month up to a maximum accrual of one
thousand, four hundred and forty hours (1,440).
Upon employment, new full time employees shall receive thirty‐six
(36) hours of sick leave. Upon completion of the first three (3)
months of employment, an additional thirty‐six (36) hours of sick
leave will be granted. After six (6) months of full time employment,
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employees will accrue sick leave at the rate of twelve (12) hours
per month to a maximum of 1,440 hours. At no time shall the total
sick leave accrued under this section and the supplemental sick
leave benefits available under Section 7.10 exceed 1,440 hours.
7.4. LEOFF II Sick Leave Cash Out. Cash payment for sick leave
accrued under Section 7.3 of this Article will be made upon an
employee’s death, retirement or voluntary separation while in
good standing at the rate of one‐half (1/2) regular pay for each
hour accrued. Employees hired on or after January 1, 1994, shall
not be eligible for cash out of accrued sick leave. This provision
does not apply to any injury leave benefits provided under Section
7.6 and supplemental sick leave benefits provided under Section
7.10 of this Article.
7.5. Disability Leave. Disability leave benefits shall be provided to
LEOFF II employees in accordance with the laws of the State of
Washington when it has been determined that the disability is
duty‐related.
7.6. LEOFF II OJI Benefit. All LEOFF II employees will receive up to
six (6) consecutive calendar months of full pay and benefits for L & I
qualified duty‐related disabilities. The maximum period of this
benefit will not exceed six consecutive calendar months.
7.6.1. The coverage begins the first day or shift of time loss.
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7.6.2. The employee with the disability will not be required to
use any personal sick leave if the duration of the illness or
injury is six consecutive calendar months or less.
7.6.3. No Vacation or Holiday leave can be used during the six
consecutive calendar month period.
7.6.4. Any light duty performed during the period of disability
will not extend the period of the six consecutive calendar
months.
7.6.5. This benefit will conclude when any of the following
conditions occur:
a. The employee is cleared for return to full duty;
b. The employee remains on disability and completes
their six consecutive calendar months; or,
c. During the six consecutive months, the Department
of L & I declares the individual to be ‘fixed and
stable’ with a disability that permanently prevents a
return to full duty.
7.6.6. The intent of this agreement is to make an injured
member financially ‘whole’ for the duration of the recovery
period. The total compensation received by an injured
employee will not exceed their regular duty compensation.
7.6.7. All benefits provided in accordance with the contract
will continue to accrue while an employee is using the LEOFF II
OJI benefit.
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7.6.8. Reimbursement Checks from the Third Party
Administrator (TPA) sent to an employee must be submitted
to the City of Renton within 30 days of receipt by the
employee. The employee must endorse the check to the City
of Renton. The intent of the six months of coverage is to make
the employee financially ‘whole’.
7.6.9. The total compensation received by the employee will
not exceed their regular duty compensation.
7.6.10. In accordance with State law, employees will be
reimbursed for all approved L & I travel expenses.
7.6.11. Crediting of TPA Wage Reimbursement checks once
the initial six consecutive calendar months of full coverage by
the City has been completed:
a. The employee must submit their reimbursement
check to the City of Renton as identified above.
b. In turn, the City will credit the employee’s sick leave
account. The amount of sick leave credit will be
determined by dividing the check’s value by the
employee’s regular hourly rate (including premiums).
The number of hours (and any fraction thereof) will
be added to the balance of the employee’s sick leave
account.
c. This process will continue until the employee
exhausts their personal sick leave.
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7.6.12. If an employee terminates employment with the
Employer for reasons other than disability, lay‐off, or
retirement, the value of any injury leave used from this bank
but not accrued shall be paid back to the Employer through
payroll deduction.
7.7. Sick Leave to Care for Child. Accrued sick leave may be used
to care for a child under eighteen years of age with a health
condition that requires treatment or supervision, including
preventative health care, as specified in WAC 296‐130‐010 through
296‐130‐500. For the purposes of this section, child is defined as
the natural or adopted child of the employee, the natural or
adopted child of the employee’s spouse or a child under the
employee’s legal guardianship, legal custody, or foster care.
7.8. Sick Leave for Family Medical Emergency. Available sick leave
may be granted upon permission from the Chief of the Department
or, in his/her absence, the senior officer in charge in the case of
sudden family emergencies other than the care of a child under
eighteen years of age with a health condition that requires
treatment or supervision.
7.9. Sick Leave Bonus. This section applies to any LEOFF I or LEOFF
II employee who accrues sick leave benefits under Section 7.1 and
7.3 of this article. The Sick Bonus is granted based on the amount
of sick leave hours used (excluding OJI) in the previous calendar
year as described in the table below. The amount of Sick Bonus
hours issued will be based on whether the employee is assigned to
shift or days in February of the current year. As noted, day staff
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usage and payment will be calculated at the conversion rate of .858
rounded to the nearest whole hour for all hours in this section.
Payment will be issued on a separate voucher on the second
payday in February.
SHIFT STAFF
Sick Leave Hours Used 0 >0 to 24 >24 to 48 >48
Bonus Hours Issued 24 24 24 0
Bonus Hours Payment Double
time
Time and one
half
Straight
time No Bonus
DAY STAFF
Sick Leave Hours Used 0 >0 to 21 >21 to 41 >41
Bonus Hours Issued 21 21 21 0
Bonus Hours Payment Double
time
Time and one
half
Straight
time No Bonus
7.10. Supplemental Sick Leave for Response Operations Section.
During the term of this Agreement, Response Operations personnel
hired after October 1, 1977 (LEOFF II) may, in case of personal
illness or off duty disability, be granted supplemental sick leave
upon permission from the Chief of the Department after any and all
sick leave accrued pursuant to Section 7.3 of this Article has been
exhausted. Supplemental sick leave benefits shall be computed at
the rate of twelve (12) hours per month for each full month of
employment from January 1, 1994. At no time shall the total sick
leave accrued under Section 7.3 of this Article and the
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supplemental sick leave benefits available under this section
exceed 1,440 hours.
7.11. Light Duty Eligibility. All LEOFF II employees having an
extended injury or illness are eligible for up to 12 months of light
duty.
7.12. Sick Leave Conversion. The sick leave conversion factor of
(40/46.6 = .858) will be used when converting from a 24 hr shift to
day shift or from a day shift to 24 hr shift. To convert from a 24hr
shift to day shift take the 24hr shift hours x .858 = new day shift
hours. To convert from day shift to 24hr shift hours take the day
shift hours/.858 = new 24 hr shift hours; rounded to the nearest
whole hour. All Local 864 members will be allocated sick leave
hours to their payroll sick leave account based upon their shift/day
shift assignment. In the case that an employee is moved mid‐year
conversion will take place if necessary.
Please use the following chart to determine sick leave usage per
day when an employee is temporarily assigned to days (such as
light duty):
Sick Leave
Hours Taken
Conversion
Factor
Converted
Time Used
Rounded
Leave Used
1.0 .858 1.165501166 1.25
1.25 .858 1.456876457 1.50
1.50 .858 1.748251748 1.75
1.75 .858 2.03962704 2.00
2.00 .858 2.331002331 2.25
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2.25 .858 2.622377622 2.50
2.50 .858 2.913752914 3.00
2.75 .858 3.205128205 3.25
3.00 .858 3.496503497 3.50
3.25 .858 3.787878788 3.75
3.50 .858 4.079254079 4.00
3.75 .858 4.370629371 4.25
4.00 .858 4.662004662 4.75
4.25 .858 4.953379953 5.00
4.50 .858 5.244755245 5.25
4.75 .858 5.536130536 5.50
5.00 .858 5.827505828 5.75
5.25 .858 6.118881119 6.00
5.50 .858 6.41025641 6.50
5.75 .858 6.701631702 6.75
6.00 .858 6.993006993 7.00
6.25 .858 7.284382284 7.25
6.50 .858 7.5757576 7.50
6.75 .858 7.867132 7.75
7.00 .858 8.158508 8.25
7.25 .858 8.44988 8.50
7.50 .858 8.74125 8.75
7.75 .858 9.03263 9.00
8.00 .858 9.324009 9.25
8.25 .858 9.615384 9.50
8.50 .858 9.906759 10.00
8.75 .858 10.1981 10.25
9.00 .858 10.48951 10.50
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9.25 .858 10.78088 10.75
9.50 .858 11.07226 11.00
9.75 .858 11.36363 11.25
10.00 .858 11.65501 11.75
7.13. Emergency Leave. Employees will be allowed to use up to
two shifts of accrued sick leave hours per year for the purpose of
covering emergency time off, which is not related to illness or
injury. An emergency is defined as an unexpected situation or
sudden occurrence of a serious or urgent nature that demands
immediate attention. This provision will be effective on January 1,
2015 as a pilot program. Unless an extension is mutually agreed to,
this program will end December 31, 2015. This provision applies to
24‐hour shift personnel only.; the hours used are from the
employee’s accrued sick leave bank and will be included when
calculating the sick leave bonus.
ARTICLE 8 – HOLIDAYS
The following are recognized as legal holidays and shall be taken by
all employees working a 40‐hour work week:
1. The first day of January, commonly called New Year’s Day.
2. The third Monday in January, commonly known as Martin
Luther King, Jr.’s, birthday.
3. The last Monday in May, commonly known as Memorial
Day.
4. The fourth day of July, being the anniversary of the
Declaration of Independence.
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5. The first Monday in September, to be known as Labor
Day.
6. November 11 (Veteran’s Day).
7. The fourth Thursday of November, to be known as
Thanksgiving Day.
8. The fourth Friday of November, the day after Thanksgiving
Day.
9. The twenty‐fifth day of December, commonly called
Christmas Day.
10. The day before Christmas shall be a holiday for City
employees when Christmas Day occurs on a Tuesday or
Friday. The day after Christmas shall be a holiday for City
employees when Christmas Day occurs on a Monday,
Wednesday, or Thursday. When Christmas Day occurs on
a Saturday, the two preceding working days shall be
observed as holidays. When Christmas Day occurs on a
Sunday, the two working days following shall be observed
as holidays.
11. Two floating Holidays of the employee’s choice.
12. Any other day designated by public proclamation of the
Chief Executive of the State, and agreed to by the Mayor
or City Council, as a legal holiday.
13. For employees working a 40‐hour work week, if the
holiday falls on a regularly scheduled “flex” day, the
employee must plot the holiday on another day. The
employee will have thirty (30) days before or after to
replot the holiday.
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8.1. Holiday Sellback. All employees working 24‐hour shifts shall
receive five (5) shifts off in lieu of holidays. The employee may at
his/her option, sell back from zero (0) to five (5) shifts of holiday
time at the straight time rate. In the event an employee does not
serve the entire twelve (12) months in which the payout was made,
the sell back amount will be subject to a pro rata deduction from
the employee’s final paycheck. Payment for Holidays sold back to
the City shall be paid by the end of February of each year. The
Holiday sellback check will be issued on a separate voucher.
8.2. Holiday Scheduling. Scheduling of holiday time off will be
done in a manner to prevent the necessity of overtime payment by
the Employer and in accord with Fire & Emergency Services
Department Rules and Standard Operating Procedures.
8.3. Working Thanksgiving and Christmas Day. Those employees
required to work Thanksgiving or Christmas Day shall receive
compensation at the double‐time rate for the hours worked during
those holidays.
8.4. Holiday Conversion. The holiday conversion factor of (40/46.6
= .858) will be used when converting from a 24 hr shift to day shift
or from a day shift to 24 hr shift. To convert from a 24hr shift to
day shift take the 24hr shift hours x .858 = new day shift hours. To
convert from day shift to 24hr shift hours take the day shift
hours/.858 = new 24 hr shift hours, rounded to the nearest whole
hour. All Local 864 members will be allocated holiday hours to their
payroll holiday account based upon their shift/day shift
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assignment. In the case that an employee is moved mid‐year
conversion will take place if necessary.
Use the following chart to determine the Holiday or Vacation leave
usage per day when an employee is temporarily assigned to days
(such as Light Duty):
Leave Hours
Taken
Conversion
Factor
Converted Leave
Time
Rounded Time
Used
1 0.858 1.1655 1
2 0.858 2.3310 2
3 0.858 3.4965 3
4 0.858 4.6620 5
5 0.858 5.8275 6
6 0.858 6.9930 7
7 0.858 8.1585 8
8 0.858 9.3240 9
9 0.858 10.4895 10
10 0.858 11.6550 12
ARTICLE 9 – EDUCATIONAL INCENTIVE AND PROMOTIONAL
QUALIFICATIONS
9.1. Education Incentive. Additional pay shall be awarded as an
education incentive to employees of the Department at the
following scale and for the following achievements. The Chief shall
insure all educational requirements are met through an accredited
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program. Educational incentives shall be paid to the employee
beginning the next pay period following receipt of proper
documentation by the Human Resources & Risk Management
Department and shall not be retro‐active. Payments will be
rounded to the nearest whole dollar.
Degree Type Incentive
(based on Firefighter top step)
Fire Science Certification45
college level credits with a
minimum of 30 credits in fire
science core classes
2%
Two‐year degree with fire
emphasis 4%
BA/BS degree and two‐year
degree with fire emphasis 6%
9.2. Promotional Qualifications. Employees hired on or after
January 1, 1997, are required to have a fire science certification to
qualify for the promotional examination for Lieutenant; a two‐year
degree with fire emphasis to qualify for the promotional
examination for Captain and a BA/BS degree, in addition to a two‐
year degree with fire emphasis, to qualify for the promotional
examination for Battalion Chief/Safety Officer. The Fire Chief may
waive the promotional requirements if fewer than three employees
qualify for an examination.
ARTICLE 10 – VACATIONS
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The use of vacation is based on the calendar year. Scheduling of
vacation time shall be done in a manner to prevent the necessity of
overtime payment by the Employer and in accord with Fire &
Emergency Services Department Rules and Standard Operating
Procedures. When staffing levels permit, a certain number of
available staff shall be permitted to schedule time off, including any
holidays and “Kelly” days.
10.1. Vacation Plotting for Shift Personnel. Twenty‐four (24) hour
shift personnel will plot the number of full shifts accrued the prior
year. The employee will be paid out at the straight time rate for the
odd hours remaining. The employee will not carry over any
vacation from year to year.
10.2. Vacation Scheduling for Day Personnel. During the course of
their assignment, employees assigned to days must schedule at
least 50% of his/her vacation hours accrued in the prior year by
January 31. An employee may carry over the balance of accrued
vacation hours into the following year, not to exceed the limits in
paragraph 10.3.3 below.
10.3. Returning to 24‐Hour Shift Schedule. Employees returning to
shift work from his/her day shift assignment have the option of:
10.3.1. Cash out half of his/her vacation hours remaining in
the year and plot the other half for the following year, or
10.3.2. Cash out all of the remaining hours.
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10.3.3. The remaining hours to be cashed out or rolled over
at the end of an assignment shall be limited up to the number
of hours accrued during the final year of the assignment.
10.3.4. Cash out shall be at the day shift hourly rate in effect
on the last day of the employee’s day shift assignment.
10.4. Unused Plotted Vacation. At the discretion of the Chief, any
employee unable to use plotted vacation due to illness/injury, or
recall to active military duty, may shall be paid at the straight time
rate or be allowed to re‐plot time off in the affected year.
10.5. Vacation Accrual Rate. Employees hired mid‐year will use
vacation on a pro‐rated basis (See Appendix C Vacation Prorated
Schedule). The following vacation benefit schedule shall be
applicable to employees hired January 1 of any year.
Calendar Year In
Service
Hours/Shifts Used
per Year
1st 0
2 72 hrs/3 shifts
3 96 hrs/4 shifts
4 120 hrs/5 shifts
5 144 hrs/6 shifts
6‐10 yrs 216 hrs/9 shifts
11‐15 yrs 264 hrs/11 shifts
16‐20 yrs 312 hrs/13 shifts
21 + yrs 336 hrs/14 shifts
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Each year, in the month of September, Labor and Management will
produce agreed upon vacation hours for all members. The hours
will be entered by Finance into each employee’s vacation account
to be used the following year.
10.6. Vacation Conversion. When an employee is assigned to days,
or moves back to 24‐hour shift, the vacation conversion factor
(40/46.6 = .858) will be used. When an employee is temporarily
assigned to days for longer than six (6) pay periods, due to illness,
injury, or temporary assignment, sick leave, holidays and vacation
will be converted if necessary. Upon re‐assignment to shift, the
remaining hours will be converted back to shift.
Convert from 24‐hour Shift to Days. Shift vacation allocation
x .858 = day staff vacation hours.
Convert from Days to 24‐hour Shift. Day staff vacation
balance ÷ .858 = shift vacation hours.
All employees will be allocated hours to their payroll vacation
account based upon their 24‐hour shift/day staff assignment. In
cases of mid‐year assignment changes, the unused portion of
vacation will be converted. At the discretion of the Chief, when a
day staff employee is assigned mid‐year to 24‐hour shift, the
converted vacation hours will be plotted in the affected year, or
paid at the straight time rate.
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Vacation will be taken at the employee’s request and will be
granted in accordance with Department SOP and the approval of
the section Deputy Chief.
ARTICLE 11 –BEREAVEMENT
Time off with pay for up to one (1) shift or day shall be granted to
employees covered by this agreement for bereavement of the
death of an employee’s mother, father, brother, sister, spouse,
child, domestic partner, domestic partner’s child, mother‐in‐law,
father‐in‐law, grandchild, or grandparents. These hours shall be
noted as bereavement leave and shall not affect vacation or sick
leave accumulations. When special conditions exist, up to three
shifts of sick leave may be granted, upon proper request, for the
purpose of bereavement as described above. All requests for
extended bereavement leave shall be approved by the Fire Chief.
Members of the Bargaining Unit shall be permitted to attend
funeral services on duty for family members of Local 864
employees. Employees scheduled to work the day of a funeral shall
be able to attend the service within their response area and will
respond to calls for service as requested.
The City and the Union also agree that daily work schedules will be
completed as if no interruption in work resulted from attending a
funeral service and would result in no overtime cost to the City.
ARTICLE 12 – LONGEVITY
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The schedule of payment for longevity appears as Appendix B of
this Agreement.
Longevity allowances shall be payable on the first payday pay
period following the anniversary of the employee.
ARTICLE 13 – PENSIONS
Pensions for employees and contributions to pension funds will be
governed by the Washington State Statute in existence at the time.
ARTICLE 14 – INSURANCE
14.1. Definitions:
REHBT: Renton Employees’ Healthcare Board of Trustees
REHP: Renton Employees’ Healthcare Plan
Funding Goal: It is the responsibility of the Renton Employees’
Healthcare Board of Trustees to establish and maintain fund goals
in relationship to the Renton Employees’ Healthcare Plan.
Plan Member: An eligible Renton employee, along with their
dependents, that is covered under the Renton Employee’s
Healthcare Plan.
Premiums: The contributions made to the REHP by both the City
and the employees to cover the total cost of purchasing the REHP.
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Contributions made by employees for co‐pays, lab fees, ineligible
charges, etc., are not considered premiums for the purpose of this
Article.
14.2. Health Insurance
14.2.1. Participation. The City and the Local/Union/Guild
agree to jointly manage the REHP during the term of this
agreement. The REHBT is comprised of AFSCME Local 2170;
Firefighters Local 864; Police Guild; and the City, and will meet
at least quarterly to review the REHP including costs
associated with the REHP.
Medical coverage shall be provided in accord with the laws of
the State of Washington, RCW 41.26.150 and federal plans:
Patient Protection and Affordable Care Act and the Health
Care and Education Affordability Reconciliation Act of 2010.
The Local/Union/Guild agrees to continue participation in the
REHBT and to identify and support cost containment
measures.
14.2.2. Plan Coverage. The City will provide a
medical/,dental, vision, and prescription drug insurance plan
for all eligible employees including all bargaining unit
members and their eligible dependents.
14.2.3. Premiums. For the calendar years 20106 through
calendar year 201520 the total cost of the plan shall be
divided as follows:
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YEAR CITY EMPLOYEES
20102016 9692% 48%
20112017 9692% 48%
20122018 9592% 58%
20132019 9492% 68%
20142020 9391% 79%
2015 92% 8%
Employee premiums will be based upon the following
categories:
Employee
Employee/Spouse or Domestic Partner
Employee/Spouse or Domestic Partner/1
Employee/Spouse or Domestic Partner/2+
Employee/1
Employee/2+
14.2.4. Projected Costs. For calendar year 2013, the
contributions to the benefit fund (premium revenue) shall be
the same as the contribution made in the calendar year 2012,
subject to the plan cost sharing provision between employer
and employees per current bargaining agreements. Beginning
calendar year 2014 going forward, tThe plan contributions
shall be calculated by the percentage of actual plan cost
increase that occurred in the previous year. The year in review
shall be from July 1st to June 30th.
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14.2.5. Group Health Coverage. Bargaining unit members
that chose to be covered by Group Health insurance will be
required to pay the premium cost of the self‐funded plan plus
any additional premium cost above the self‐funded plan.
14.2.6. Renton Employees’ Healthcare Board of Trustees.
The REHBT includes members from each participating Union.
Each union will have a maximum of one (1) vote, i.e. the
Firefighter Union has two (2) bargaining units but only
receives one (1) vote on the REHBT, and the Police Guild has
two (2) bargaining units but only receives one (1) vote on the
REHBT. The City only receives one (1) vote also. If all
bargaining units participate, the voting bodies would be as
follows: AFSCME – 2170; Firefighters – 864; Police Guild; and
the City for a total of four (4) votes.
14.2.7. Plan Changes. The members of the REHBT shall have
full authority to make plan design changes without further
concurrence from bargaining unit members and the City
Council during the life of this agreement.
14.2.8. Voting. Changes in the REHP will be determined by a
majority of the votes cast by REHBT members. A tie vote of
the REHBT members related to a proposed plan design change
will result in continuing the current design.
14.2.9. Surplus. Any surplus in the Medical Plan shall remain
available only for use by the Renton Employees’ Health Plan
Board of Trustees for either improvements in the Plan, future
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costs increase offsets, rebates to participants, or reduction in
employee contributions.
14.3. Cadillac Tax. If by July 1st, 2019, the Cadillac Tax required by
the Affordable Care Act is still in effect and will require additional
funding of the Renton Employee’s Healthcare Plan, the parties
agree to meet and negotiate changes to the plan in such a way as
to address the impacts of the Cadillac Tax.
14.34. Life Insurance. The Employer shall furnish to the employee
a group term life insurance policy in the amount of the employee’s
annual salary rounded to the nearest $1,000 including double
indemnity. The Employer shall furnish a group term life insurance
policy for $1,000 for the employee’s spouse and $1,000 for each
dependent.
14.45. Federal/State Healthcare Options. In the event of a
Federal/State healthcare option, the REHBT shall have the option
to review the proposed Federal/State option and take appropriate
actions.
14.56. COBRA. When an employee or dependent’s health care
benefits ceases, the employee or dependent shall be offered
medical and dental benefits under the provision of Consolidated
Omnibus Budget Reconciliation Act (COBRA) for a period of
eighteen (18) months.
14.67. Health and Wellness Program. The employer agrees to pay
$10.00 per month per employee to promote health and wellness
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within the Renton Fire & Emergency Services Department. The
employees agree to pay $5.00 per month per employee to promote
health and wellness within the Renton Fire & Emergency Services
Department. This amount will be deducted from the employee’s
paycheck on the 10th of each month. The funds will be placed in a
separate account and carried over each year. These funds shall be
used in accordance with Renton Fire & Emergency Services
Department Policies.
ARTICLE 15 – DEFERRED COMPENSATION
& INCOME PROTECTION PLAN
15.1. Annual Contribution. The City currently contributes 3.5%
into the employees’ deferred compensation account. Effective
January 1, 2015, the City agrees to contribute an additional 2.0%
for a total of 5.5% into the employees’ deferred compensation
account.
15.2. Combat Challenge Contribution. The City agrees to
contribute 2.5% to the deferred compensation plan in exchange for
voluntary participation, and successful completion of the fire
fighter combat challenge.
The test shall be given annually in the preceding year. Any
employee who does not meet the standard has one (1) additional
opportunity to pass the test by the end of the preceding year.
Any employee receiving deferred compensation who is unable to
take the combat challenge due to disability or sick leave will
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continue to receive the deferred compensation. Once the
employee returns to full duty they have 90 days to complete the
combat challenge.
15.2.1 New Hire. Newly hired employees will have an
opportunity to voluntarily participate in the combat challenge
within 90 days from the start of their shift assignment. After
successful completion of the combat challenge the City agrees to
contribute 2.5% to the employees deferred compensation plan by
the next pay period.
ARTICLE 16 – MANAGEMENT RIGHTS
The Local recognizes the prerogatives of the Employer to operate
and manage its affairs in all respects in accord with its
responsibilities and powers of authority.
16.1. Overtime. The Employer has the right to schedule overtime
work as required in a manner most advantageous to the
department and consistent with requirements of municipal
employment and public safety.
16.2. Incidental Job Duties. It is understood by the parties that
every incidental duty connected with fire service oriented
operations enumerated in job classifications is not always
specifically described.
16.3. Just Cause Disciplinary Action. The Employer reserves the
right to discharge or discipline all employees for just cause.
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16.4. Layoff/Staff Reduction. The Employer reserves the right to
lay off employees for lack of work or funds; or for the occurrence of
conditions beyond the control of the department; or when such
continuation of work would be wasteful and unproductive. The
Employer shall have the right to determine reasonable schedules of
work and to establish the methods and processes by which such
work is performed in accord with Article 4 of this Agreement.
16.5. City Officials’ Authority. No policies or procedures covered in
this Agreement shall be construed as delegating to others or as
reducing or abridging any of the authority conferred on City
officials as defined in the following:
16.5.1. Mayor. The Ordinance responsibility of the Mayor as
Chief Executive Officer of the City for enforcing the laws of the
State and City, passing upon Ordinances adopted by the City
Council, recommending an annual budget, or directing the
proper performance of all executive departments.
16.5.2. City Council. The responsibility of the City Council for
the enactment of Ordinances, the appropriation of monies,
and final determination of employee compensation.
16.5.3. Civil Service Commission. The responsibility of the
Civil Service Commission as provided by State statute for
determining, among other things, classification, status, and
tenure appointments in the fire service.
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16.5.4. Fire Chief. The responsibilities of the Fire Chief and
his/her delegates as governed by City Ordinance and Civil
Service Rules and Department Rules and as limited by the
provisions of this Agreement.
a. To recruit, assign, transfer, or promote employees to
positions within the Department.
b. To suspend, demote, discharge, or take other
disciplinary action against employees for just cause.
c. To relieve employees from duties because of lack of
work, lack of funds, or for disciplinary reasons.
d. To determine methods, means, and employees
necessary for departmental operations.
e. To control the departmental budget.
f. To take whatever actions are necessary in
emergencies in order to assure the proper functioning
of the Department.
16.6. Probation Status. Probationary fire fighters are considered
“At will employees” their first year.
ARTICLE 17 – PERFORMANCE OF DUTY
Nothing in this Agreement shall be construed to give an employee
the right to strike and no employee shall strike nor shall he/she
refuse to perform his/her assigned duties to the best of his/her
ability.
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To the extent that any provision of this Agreement is in conflict
with applicable existing Civil Service laws in effect during the life of
this agreement.
ARTICLE 18 – DEFINITION OF DUTIES
There shall be no cross‐training of employees and duty assignments
other than those directly related to Fire & Emergency Services
Department activities and Fire Science subjects.
ARTICLE 19 – OVERTIME
In the event that a need for overtime should occur in the Fire &
Emergency Services Department because of emergency, sickness,
or other unforeseen conditions, the following procedures will be
used by the Employer:
19.1. Community Risk Reduction and Safety & Support Overtime
Rate. Except as otherwise provided in this Article, employees as
described in Article 4, Section 4.1, Hours of Work, shall be paid at
the rate of time and one‐half for all hours worked in excess of forty
(40) hours in one week.
19.2. Response Operations Overtime Rate. Employees described
in Article 4, Section 4.2., shall be paid at the rate of time and one‐
half for all hours worked when such overtime amounts to a full
shift or when the overtime is a result of a vacancy created by illness
or disability.
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19.3. Callback. All employees covered by the terms of this
Agreement who are called back to work because of emergency or
other unforeseen conditions shall be paid for two (2) hours
minimum at a rate of time and one‐half.
19.4. Holdover. All employees covered by the terms of this
Agreement who work an extension (hold‐over) of their normal shift
because of an emergency or other unforeseen conditions shall be
paid at the rate of time and one‐half for the hold‐over time
rounded to the nearest half‐hour.
19.5. Overtime Based Upon SeniorityHiring. The Employer agrees
that scheduled overtime will be in accord with seniority within the
rank of Firefighter, except when qualified employees are necessary
and then according to seniority of the qualified.
Overtime will be hired in accordance with the current Local 864
overtime rules. Any changes to the overtime hiring rules that result
in a financial impact will be reviewed and approved by the Chief.
19.6. Compensatory Time. Employees shall have the right to
request compensatory time off at the same ratio as the overtime
rate in lieu of cash payment for overtime; provided, however, that
such requests for compensatory time off may be denied if the
department head determines that the operational effectiveness of
the department would be impaired by such action. Employees
assigned to the Response Operations Division shall also have the
ability to request compensatory time at the same ratio as the
overtime rate in lieu of cash payment for overtime earned while
attending discretionary training programs up to a maximum of 48
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hours. This compensatory time off may be granted by the
department head or his/her designee on scheduled work days
when staffing exceeds the staffing level set by the department.
Compensatory time banks shall not exceed one hundred (100)
hours.
19.7. Straight Time Overtime (STOT). The Local agrees to schedule
and/or sell back to the Employer the equivalent of one hundred
twenty (120) hours of overtime at the straight time rate per
bargaining unit member beginning in 2010. This can be
accomplished by either scheduling overtime at the straight time
rate or holiday sellback. The number of overtime shifts to be
scheduled at straight time will be based on the number of actual
bargaining unit members as of January 1 of each year of the
contract. New hires shall schedule their prorated holiday hours.
These prorated hours shall be added to the number of overtime
shifts to be scheduled at the straight time rate. When scheduling
overtime at the straight time rate, the additional shifts may be
scheduled in twelve (12) hour increments. The increments can be
divided by two members to equal twelve hours in the event of the
member working the STOT needs a standby. Scheduling of the
additional shifts shall fall within the FLSA guidelines. This overtime
provision shall expire on December 31, 2015.
19.8. Overtime for Assignments outside Response Operations.
In the event of overtime the employee shall be paid at the rate of
time and one half (1.5 times) or may take comp time (employee’s
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choice). This will be considered for the following, in excess of lunch
period or in excess of forty (40) hours in one week.
When employees are used as a backfill aid, engine or ladder
company, lunch will be considered as on duty and the crew will be
paid as such and, if necessary, work schedules will be modified. Fill‐
in assignments should not, under normal conditions, result in
additional cost to the City except when the cost is associated with
an on‐going emergency. Employees will be compensated at either
time and one‐half (1.5 times) or comp time if they work in excess of
their regularly assigned schedule due to being used as backfill.
Employees assigned outside Response Operations will be eligible
to work Response Operations overtime on their assigned days off;
however they will not be eligible to work STOT if by working STOT
shift would put them in excess of the forty (40) hours in a calendar
week.
ARTICLE 20 – RETENTION OF BENEFITS
Privileges and working conditions which are generally PREVAILING
but not specifically outlined in this Agreement shall, in the manner
presently observed as department policy, be administered and
abided by, by both parties to this Agreement unless changed or
deleted by mutual consent.
ARTICLE 21 – GRIEVANCE PROCEDURE
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Grievances or disputes, which may arise involving the
interpretation of this Agreement, shall be settled in the following
manner:
Step 1: The Union Grievance Committee, upon receiving a written
and signed petition shall have two (2) weeks from the
date of the actual grievance, to determine if a grievance
exists. If in their opinion no grievance exists, the matter is
closed.
Step 2: If in the opinion of the Grievance Committee a grievance
exists, the Committee shall within two weeks after
receiving the grievance present the grievance in writing to
the Chief of the Fire & Emergency Services Department
for adjustment.
Step 3: If within ten (10) business days the grievance has not been
settled, it then shall be submitted and presented to the
Mayor by Local 864.
Step 4: If within ten (10) business days the grievance has not been
settled in Step 3, the Union will notify the City, in writing,
of its intent to submit the grievance arbitration for
adjustment. The power and authority of the Arbitration
Board shall be limited to the interpretation of the terms of
this Agreement. The Board shall have no authority to add
to, subtract from, or in any way modify the express terms
of this Agreement.
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The Arbitration Board shall consist of a representative of the
Employer, a representative of the Local, and a third member
mutually agreed to by both the appointed members who will
preside as Chairman. If the two cannot agree within seven (7)
days on the selection of the Chairman, the matter then shall
be submitted to the Federal Mediation and Conciliation
Services for seven (7) names of Arbitrators who reside in the
State of Washington. The Employer and the Local shall strike
names alternately; the final remaining name shall be the
neutral third party. Each party will pay for his/her own
arbitrator and the expenses of the third will be shared equally
between the parties. Meetings of the Arbitration Board shall
be attended by all three members.
A decision of the majority of the Arbitration Board shall be
final and binding on all parties as to the issues submitted to it
for decision.
ARTICLE 22 – NEW POSITIONS
This Agreement shall be opened for the purpose of negotiating
salaries for any new classifications for employees covered by this
Agreement but not specified in the salary schedule. Such salaries
shall become effective upon the agreement of the parties. If no
agreement has been reached sixty (60) days after the
commencement of these negotiations then either party may
declare an impasse and file for mediation with the Public
Employees Relations Commission. Nothing in this Article shall
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preclude the Employer from establishing such new positions or
classifications.
ARTICLE 23 – SUCCESSORS AND ASSIGNS
This Agreement and any and all amendments and modifications
hereafter entered into and executed by and between the parties
hereto shall be binding and inure to the benefit of the parties’
respective successors and assigns and any other governmental
entity succeeding to the City of Renton’s obligations hereunder.
In case of any merger, consolidations, or contracting for fire
protection services by the Employer with any other governmental
agency, either party shall have the right to reopen this Agreement
for negotiation of any positions affected by the merger or
consolidation.
ARTICLE 24 – SAVINGS CLAUSE
If any Article of this Agreement or any addenda hereto should be
held invalid by operation of law or by any tribunal of competent
jurisdiction, or if compliance with or enforcement of any article
should be restrained by such tribunal, the remainder of this
Agreement and addenda shall not be affected thereby and the
parties shall enter immediate collective bargaining negotiations for
the purpose of arriving at a mutually satisfactory replacement of
such articles.
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The Employer and Local 864 reserve the right to address through
reopening of the contract, any effects that the Fair Labor Standards
Act may have on the Application of the provisions of the Labor
Agreement.
ARTICLE 25 – ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire
Agreement between the parties and no oral statement shall add to
or supersede any of its provisions.
No party shall change, modify, or amend any part of this
Agreement without first negotiating and obtaining the mutual
consent of the other party.
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ARTICLE 26 – DURATION OF AGREEMENT
This Agreement shall become effective January 1, 20136, and shall remain in full
force and effect until December 31, 20158.
Signed this ____ day of ______________, 20146, at Renton, Washington.
CITY OF RENTON RENTON FIREFIGHTERS LOCAL 864
Denis Law, Mayor Justin Olney, Chief Spokesperson
Nancy Carlson, HRRM Administrator Steve Winter, President
Ellen Bradley‐Mak, HRRM Administrator Brett Bigger, Vice President
Janna Dinkelspiel, HR Analyst Rick Laycock, Treasurer
____
Jamie Thomas, Fiscal Services Director Doug McDonald, Batt Chief Rep
_____________________________ _____________________________
Mark Peterson, Fire Chief Erik Hammes, Fire Captain
RENTON REGIONAL FIRE AUTHORITY ____________________________
Alex Skalbania, Legal Counsel
_____________________________
Mark Peterson, Fire Chief
ATTEST: APPROVED AS TO LEGAL FORM:
Jason Seth, City Clerk Lawrence J. Warren, City Attorney
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APPENDIX A:
SALARIES
A.1. Base Wage.
Effective January 1, 20136, the base wage for all
classifications covered by this bargaining unit will
increase by 1.0% above theshall be the same as the
wages in effect December 31, 2015. January 1, 2012,
base wage.
A
Entry
B
12 mos.
C
24 mos.
D
36 mos.
Firefighter
$4,915
($24.27)
$5,021
($24.80)
$5,423
($26.78)
$6,593
($32.56)
Lieutenant
$7,582
($37.44)
Captain
$8,568
($42.31)
Effective January July 1, 20146, the base wage for all
classifications covered by this bargaining unit will
increase by 2.0% above the January 1, 20136, base wage.
A
Entry
B
12 mos.
C
24 mos.
D
36 mos.
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Firefighter $5,013
($24.76)
$5,121
($25.29)
$5,531
($27.31)
$6,725
($33.21)
Lieutenant $7,734
($38.19)
Captain $8,739
($43.16)
Effective January 1, 20157, the base wage for all
classifications covered by this bargaining unit will
increase by 2.25% above the January July 1, 20146, base
wage.
Effective January 1, 2018, the base wage for all
classifications covered by this bargaining unite will
increase by 2.5% above the January 1, 2017 base wage.
A.2. Salary Schedule.
Effective January 1, 2013, the salary schedule shall be as follows:
A
Entry
B
12 mos.
C
24 mos.
D
36 mos.
Firefighter $4,713
($23.27)
$4,815
($23.78)
$5,200
($25.68)
$6,322
($31.22)
Lieutenant $7,270
($35.90)
Captain $8,215
($40.57)
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Hourly rates are based on 2,430 hours per year (202.5 hours per
month).
A percentage differential is established as follows:
Between Firefighter and Lieutenant: 15%
Between Lieutenant and Captain: 13%
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APPENDIX B:
LONGEVITY
Employees shall receive longevity pay according to the following
scale:
Completion of 5 years – 2% of top step firefighter salary
Completion of 10 years – 4% of top step firefighter salary
Completion of 15 years – 6% of top step firefighter salary
Completion of 20 years – 10% of top step firefighter salary
Completion of 25 years – 12% of top step firefighter salary
Longevity payments shall be rounded to the nearest whole dollar.
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APPENDIX C:
VACATION PRORATED SCHEDULE
Employees hired mid‐year will use vacation based on the following
schedule:
Calendar Yrs
in Service
Hrs/Shifts Used
per Year
Pre‐hire date
accrual/pp
Post‐hire date
accrual/pp
1 0 3
2 Prorate 3 4
3 Prorate 4 5
4 Prorate 5 6
5 Prorate 6 9
6 Prorate 9 9
7‐9 216 hrs/9 shifts 9 9
10 216 hrs/9 shifts 9 11
11 Prorated 11 11
12‐14 264 hrs/11 shifts 11 11
15 264 hrs/11 shifts 11 13
16 Prorated 13 13
17‐19 312 hrs/13 shifts 13 13
20 312 hrs/13 shifts 13 14
21 Prorated 14 14
21+ 336 hrs/14 shifts 14 14
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Midyear hires ‐ Start accruing three (3) hours per pay period from
the starting date. For the first five (5) years, on the anniversary
date, the accrual will be raised to the next level. Therefore, each of
those years the number of shifts taken will be based on what had
accrued the prior year. The employee would plot full 24‐hour shifts,
and be paid out at the straight time rate for the odd hours
remaining. In earning the prior year what they use the following
year, they would earn odd hours in the year of the 5th, 10th, 15th,
and 20th year anniversary, and use what they accrued the prior
year. The odd hours would be affecting the vacation plotted the
year following their anniversary.
Midyear retirement/termination – based on the date of
retirement/termination, the number of vacation hours unused for
the current year, plus the number of hours accrued in the current
year would be paid out to the employee.
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INDEX
A
accrued sick leave ................... 19
Acting Battalion Chief/Safety
Officer ................................... 12
Acting Deputy Fire Chief .......... 16
Appendix A ‐ Salaries ............... 53
Appendix B ‐ Longevity ............ 55
Appendix C – Vacation Prorated
Schedule ............................... 57
arbitration ............................... 48
Association ................................ 7
At will employees .................... 43
B
backfill ................................. 6, 46
Bereavement ........................... 34
bona fide religious tenets.......... 6
budget ............................... 42, 43
Budget ..................................... 39
C
Callback ................................... 44
cash out ................................... 19
Christmas ........................... 27, 28
City Council .................. 27, 38, 42
Civil Service ................ 8, 9, 42, 43
Civil Service Commission ......... 42
COBRA ...................................... 39
combat challenge .................... 40
Community Risk Reduction and
Safety & Support Sections .... 11
comp time ................................ 46
compensatory time ................. 45
Consecutive Hours Worked ..... 12
conversion factor ......... 24, 28, 33
cross‐training ........................... 43
D
Deferred Compensation‐Annual
Contribution .......................... 40
Deferred Compensation‐Combat
Challenge Contribution ......... 40
Definition of Duties ................. 43
departmental work rules ......... 14
Deputy Chief ............................ 34
differential ............................... 54
disability ... 10, 18, 19, 20, 22, 24,
40, 44
Disability Leave ........................ 19
discharge ....................... 9, 41, 42
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20136 ‐ 20158
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disciplinary reasons ................. 43
discipline ............................. 9, 41
domestic partner ..................... 34
double‐time ............................. 28
dropped in rank ....................... 10
due process ............................... 8
Duration of Agreement ........... 51
E
education incentive ................. 30
electronic deposit .................... 14
Emergency Leave .................... 26
Employer harmless .................... 7
Employment Practices ............... 8
employment process ............... 10
Entire Agreement .................... 50
Executive Board Release Time .. 6
extension ................................. 44
F
Fair Labor Standards Act ... 11, 50
Federal/State Healthcare
Options ................................. 39
Fire Science ....................... 30, 43
floating Holidays ...................... 27
FLSA ................................... 11, 46
Funding Goal ........................... 35
funeral ..................................... 34
G
grievance ........................... 47, 48
Grievance Procedure ............... 47
Group Health ........................... 38
H
health and wellness ................. 39
Health Insurance...................... 36
Holdover .................................. 44
holiday ................... 14, 27, 28, 45
Holiday ......................... 20, 28, 29
Holiday Conversion .................. 28
Holiday Scheduling .................. 28
Holiday Sellback ....................... 28
holidays ...... 17, 26, 27, 28, 31, 33
Hours of Work ................... 11, 44
I
Incidental Job Duties ............... 41
inspections ............................... 13
insurance ................. 7, 36, 38, 39
Insurance ................................. 35
J
just cause ........................... 41, 42
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Just Cause Disciplinary Action . 41
K
Kelly ................................... 12, 31
Kelly Shift ................................. 12
L
L & I ................................... 20, 21
Labor Day ................................ 27
laid off ..................................... 10
lay off .............. 41, See personnel
reduction, or staff reduction
layoffs ...................................... 10
LEOFF I ............................... 18, 23
LEOFF II ............ 19, 20, 21, 23, 24
life insurance ........................... 39
light duty ..................... 17, 20, 24
Light Duty Eligibility ................. 24
longevity ............................ 35, 55
Longevity allowances .............. 35
lunch ........................................ 46
Lunch and Dinner Breaks ........ 12
M
Management Rights ................ 41
Membership .............................. 6
Memorial Day .......................... 27
mid‐year .......... 24, 29, 32, 33, 57
Midyear ................................... 58
Midyear retirement ................. 58
N
negotiations ....................... 49, 50
new classification salaries ....... 49
new positions .......................... 49
New Positions .......................... 49
New Year’s Day ........................ 26
Non‐Association ........................ 6
Non‐Discrimination Clause ........ 9
Notification of Changes ........... 14
O
official representatives .............. 5
OJI ...................................... 21, 23
OJI Benefit – LEOFF II ............... 20
one half .............................. 23, 46
Ordinances ............................... 42
overtime ... 16, 28, 31, 34, 41, 44,
45, 46
Overtime Based Upon Seniority
.............................................. 45
Overtime for Assignments
outside Response Operations
.............................................. 46
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Overtime Rate – Community Risk
Reduction and Safety &
Support ................................. 44
P
PAC ............................................ 8
PAC Program Deductions .......... 8
paydays ................................... 14
Payroll Errors ........................... 14
Pensions .................................. 35
Performance of Duty ............... 43
personnel files ........................... 9
Personnel Files .......................... 8
physical examination ............... 11
Plan Changes ........................... 38
Plan Coverage .......................... 36
plan design changes ................ 38
Plan Member ........................... 35
plot ........................ 28, 31, 32, 58
Preamble ................................... 5
premium .................................. 38
premiums .......... 7, 14, 22, 36, 37
Premiums .......................... 36, 37
Probation Status ...................... 43
probationary ........................... 11
Projected Costs ....................... 37
promotional examination ....... 30
Promotional Qualifications ...... 30
public proclamation ................. 27
R
Recognition and Bargaining Unit
................................................ 5
REHBT .................... 35, 36, 38, 39
REHP ............................ 35, 36, 38
Release Time .............................. 6
Renton Employees’ Healthcare
Board of Trustees ............ 35, 38
Renton Employees’ Healthcare
Plan ....................................... 35
Represented Classifications ....... 5
Response Operations Overtime
Rate ....................................... 44
Response Operations Section .. 11
Rest breaks .............................. 12
Retention of Benefits ............... 47
Return to 24‐Hour Shift Schedule
.............................................. 31
S
safety boots ............................. 15
salaries ................................. 7, 49
Salaries ..................................... 14
Savings Clause ......................... 50
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20136 ‐ 20158
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sell back ............................. 28, 45
sellback .............................. 28, 45
seniority ............................. 10, 45
seniority list ............................. 10
shift differential ....................... 17
Shift Exchanges ....................... 13
Sick Bonus ............................... 23
Sick Leave (Supplemental) for
Response Operations Section
.............................................. 23
Sick Leave Accrual Rate – LEOFF I
.............................................. 18
Sick Leave Accrual Rate – LEOFF
II ............................................ 18
Sick Leave Bonus ..................... 23
Sick Leave Cash Out – LEOFF II 19
Sick Leave Conversion ............. 24
Sick Leave for Family Medical
Emergency ............................ 22
Sick Leave to Care for Child ..... 22
Sick Leave Usage – LEOFF I ...... 18
sickness ............................. 18, 44
staff reductions ....................... 10
standby .............................. 13, 46
Standby Pay ............................. 13
STOT ........................................ 46
Straight Time Overtime (STOT) 45
straight time rate .. 28, 31, 32, 34,
45, 58
strike .................................. 43, 48
successors and assigns ............ 49
Successors and Assigns ............ 49
supplemental sick leave .... 19, 24
surplus ..................................... 39
T
Thanksgiving ...................... 27, 28
Third Party Administrator ........ 21
TPA ........................................... 21
training ........................ 10, 13, 45
Training and Drills .................... 13
trust fund ................................... 7
U
uniform allowance ................... 15
Uniform Allowance Repayment
.............................................. 15
Uniform Inspections ................ 16
uniforms .................................. 15
Union Dues Deductions ............. 7
Union Grievance Committee ... 47
Union Membership and Dues
Deduction ............................... 6
Union Officials ........................... 5
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Union Responsibility .................. 5
Union‐Directed Trust Fund ........ 7
V
Vacation ‐ Unused Plotted ...... 32
Vacation Accrual Rate ............. 32
Vacation Conversion ............... 33
Vacation Plotting for Shift
Personnel .............................. 31
Vacation Scheduling for Day
Personnel .............................. 31
Vacations ................................. 31
Veteran’s Day .......................... 27
vote .......................................... 38
W
work schedule ......................... 12
work schedules .................. 34, 46
Workdays ................................. 11
working conditions ........ 5, 14, 47
working out of classification .... 17
Working Out of Classification .. 16
Written warnings ....................... 9
AGENDA ITEM #8. l)
AB - 1711
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: IAFF Local 864 Battalion Chiefs contract approval for 2016-2018
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
See below
SUMMARY OF ACTION:
The parties began the bargaining process for a successor agreement to the 2016-2018 Battalion Chief
agreement on June 23, 2016. The parties came to a tentative agreement on June 26, 2016. The parties had
also engaged in coalition bargaining with other city unions in mid-2016 regarding health insurance issues.
Since employees now pay a percentage of the total cost of the plan, i.e., 8%, the only change was to increase
the employee premium to 9% in 2020.
The term of the contract will run from January 1, 2016, through December 31, 2018. Wage increases were
agreed to as follows:
For 2016, base wages will be increased by 2%, effective July 1, 2016.
For 2017, base wages will be increased by 2.5%, effective January 1, 2017.
For 2018, base wages will be increased by 2.5%, effective January 1, 2018.
Some language changes were addressed and the parties also agreed to the following:
- The parties shall develop a policy, through the labor management process, that addresses accountability
regarding the utilization of sick leave in connection with shift trades.
- In Article 7.4, Education Incentive: The "Two Year Fire Science Degree" is replaced with "Two Year Degree
with Fire Emphasis."
- In Article 8.1, Suppression Overtime: Employees who choose to use comp time shall limit the accrual of comp
time hours to no more than 100 hours.
- Eliminate language from Article 7.1, Salary Differential, that limits the BCSO wage to what is in Appendix A
regardless of the base wage negotiated by the Firefighter bargaining unit, an d reinstate 49.5% differential.
- In Article 8.6, Response Operations Training: Battalion Chief/Safety Officers who conduct Response
Operations training classes shall be paid the overtime rate of 1.35 times their normal rate of pay for time
spent actually conducting the training.
- In Article 8.1: Non-suppression overtime and meetings will be at the current straight time rate.
The membership is expected to ratify the agreement on July 10, 2016. The Renton Fire Authority (RFA) and
IAFF Local 864 Battalion Chiefs approved the agreement via a Memorandum of Understanding.
EXHIBITS:
AGENDA ITEM #8. m)
IAFF Local 864 Battalion Chiefs' draft contract 2016 -2018, redline version
STAFF RECOMMENDATION:
Adopt the Agreement between the parties, the 2016-2018 IAFF Local 864 Battalion Chiefs contract, and
authorize the Mayor and City Clerk to sign.
AGENDA ITEM #8. m)
AGREEMENT
By and Between
CITY OF RENTON
and
RENTON FIREFIGHTERS LOCAL 864
BATTALION CHIEF/SAFETY OFFICER
January 1, 2013 2016 – December 31, 20152018
AGENDA ITEM #8. m)
Battalion Chief/Safety Officer, Local 864 Contract
20132016‐20152018
Page 2 of 56
AGENDA ITEM #8. m)
Battalion Chief/Safety Officer, Local 864 Contract
20132016‐20152018
Page 3 of 56
TABLE OF CONTENTS
PREAMBLE ................................................................................................................ 4
ARTICLE 1 – RECOGNITION ....................................................................................... 4
ARTICLE 2 – UNION MEMBERSHIP ........................................................................... 4
ARTICLE 3 – EMPLOYMENT PRACTICES .................................................................... 6
ARTICLE 4 – RIGHTS AND RESPONSIBILITIES ............................................................ 9
ARTICLE 5 – MANAGEMENT RIGHTS ...................................................................... 10
ARTICLE 6 – PERFORMANCE OF DUTY ................................................................... 12
ARTICLE 7 – SALARIES............................................................................................. 12
ARTICLE 8 – OVERTIME .......................................................................................... 16
ARTICLE 9 – INSURANCE ......................................................................................... 17
ARTICLE 10 – HOURS OF WORK ............................................................................. 22
ARTICLE 11 – HOLIDAYS ................................................................................. 242423
ARTICLE 12 – VACATIONS ............................................................................... 272627
ARTICLE 13 – SICK LEAVE ................................................................................ 313030
ARTICLE 14 – BEREAVEMENT LEAVE .............................................................. 403939
ARTICLE 15 – UNIFORM ALLOWANCE ............................................................ 414040
ARTICLE 16 – GRIEVANCE PROCEDURE .......................................................... 424141
ARTICLE 17 – SAVINGS CLAUSE ...................................................................... 444343
ARTICLE 18 – DURATION OF AGREEMENT ..................................................... 454344
APPENDIX A: SALARIES ................................................................................... 484646
APPENDIX B: VACATION PRORATED SCHEDULE ............................................ 504747
INDEX ............................................................................................................. 524949
AGENDA ITEM #8. m)
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20132016‐20152018
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PREAMBLE
This Agreement is entered into between the City of Renton,
hereinafter referred to as the Employer, and the Renton Battalion
Chiefs/Safety Officers, hereinafter referred to as the Local or
Union, governing wages, hours, and working conditions.
ARTICLE 1 – RECOGNITION
The Employer recognizes the Local as the bargaining representative
of all Battalion Chiefs/Safety Officers of the Renton Fire &
Emergency Services Department consistent with Public
Employment Relations Commission (PERC) certification (Case No.
10270‐E‐93‐1698). Any members of the Local appointed by the
President,President shall be recognized by the Employer as an
official of the Local empowered to act on behalf of the members of
the unit for negotiating with the Employer. The number of official
representatives shall be limited to three persons.
ARTICLE 2 – UNION MEMBERSHIP
2.1. Membership/Non‐Association. All employees covered by the
terms of this Agreement shall either become union members or
pay a lawful service fee to the Local in lieu of union membership
dues; PROVIDED: the right of non‐association of Battalion
Chiefs/Safety Officers based on bona fide religious tenets or
teachings of a church or religious body of which such Battalion
Chief/Safety Officer is a member shall be protected at all times, and
such Battalion Chief/Safety Officer shall pay such sum as is
provided in RCW 41.56.110 and 122. Employees shall comply with
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20132016‐20152018
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the provisions of this section within thirty (30) days of hire into a
Battalion Chief/Safety Officer position.
2.2. Negotiations Release Time. The Employer will grant to
employees who are Local representatives, reasonable time off with
pay for the purpose of attending scheduled negotiations sessions
with City officials. The employer retains the right to restrict such
release time when an emergency exists or such release would
create a danger to public safety or result in the necessity to replace
the employee requesting time off with personnel in compensated
status.
2.3. Union Dues Deductions. Upon written authorization by an
employee and approval by a representative of the Local, the
Employer agrees to deduct from the wages of the Battalion
Chief/Safety Officer the sum certified as union dues or service fee
once each month and forward the sum to the Local’s Secretary or
Treasurer. If a Battalion Chief/Safety Officer does not have a check
coming to him/her or the check is not large enough to satisfy the
payment, no deduction shall be made from the employee for that
calendar month. The Local agrees to hold the Employer harmless
from any claims filed by employees against the Employer arising
out of the Employer’s activities to enforce the provisions of this
article, except those caused by negligence of the Employer.
2.4. Union‐Directed Trust Fund. Local 864 shall have the option
during the life of this contract to direct the City to deduct a fixed
dollar/percentage from the base salaries for all classifications
covered by the contract. The City shall deposit such deduction
biweekly into a trust fund established by the Association to pay
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20132016‐20152018
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health insurance premiums for eligible retirees and dependents as
directed by the Union.
Upon the exercise of this option, the Association agrees to allow
the City to audit the books and records of the trust it establishes, at
the City’s request, and to indemnify, defend and hold the City
harmless from any and all liability, claims, demands, suit or any loss
or damage, or injury to persons or property arising from or related
to the provisions of this paragraph, including income tax
withholding liabilities or tax penalties.
2.5. PAC Programs Deductions. The Employer will allow Local 864
the option to have funds deducted from their paychecks 12 times
annually to allow for contribution to the IAFF Fire PAC and WSCFF
Fast PAC programs. The Employer will cut one check to the IAFF
made out to the IAFF Fire PAC and one check to the WSCFF Fast
PAC made out to the WSCFF Fast PAC once a month to Local 864.
Local 864 will be responsible for the delivery of the checks to the
IAFF and to the WSCFF.
ARTICLE 3 – EMPLOYMENT PRACTICES
3.1. Employment Practices Expectations. Personnel reductions,
vacancies, and promotions shall be handled in accordance with
existing Civil Service Rules and Regulations and state laws relating
or pertaining thereto.
3.2. Personnel Files. The personnel files are the property of the
Employer. The Employer agrees that the contents of the personnel
files, including the personal photographs, shall be confidential and
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20132016‐20152018
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shall restrict the use of information in the files to internal use by
the Fire & Emergency Services Department and the Human
Resources & Risk Management Department, as needed.
This provision shall not restrict such information from becoming
subject to due process by any court or administrative tribunal. It is
further agreed that information may be released to outside groups
subject to the approval of both the Employer and the employee.
Nothing in this Section shall prevent any employee from viewing
his/her original personnel file. A request to review the personnel
file must be made at least 24 hours in advance. The Employer and
the employee agree that nothing of a disciplinary nature shall be
inserted into the personnel file without a copy first going to the
employee.
Written warnings shall be expunged from personnel files (at
employee’s written request) after a maximum period of three (3)
years if there is no reoccurrence of misconduct for which the
employee was disciplined during that period. Any record of serious
discipline, defined as suspension or greater, with the exception of
discipline for discrimination, harassment, or retaliation, shall be
expunged from the personnel files after a maximum of four (4)
years if there is no reoccurrence of misconduct for which the
employee is disciplined during that period. Nothing in this section
shall be construed as requiring the Employer to destroy any
employment records necessary to the Employer’s case if it is
engaged in litigation with the employee regarding that employee’s
employment at the time those records would otherwise be
destroyed. The parties recognize that the Employer may retain
internal investigation files although such files may not be used in
AGENDA ITEM #8. m)
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20132016‐20152018
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discipline and discharge cases if they could not otherwise be
retained in personnel files pursuant to this section. Personnel files
shall be released to the Civil Service Commission for the purpose of
promotional examinations and in the event of disciplinary hearings.
3.3. Non‐Discrimination Clause. It is agreed by the Employer and
the Local that both parties are obligated to provide equality of
opportunity, consideration, and treatment of all members
employed by the Renton Fire & Emergency Services Department in
all phases of the employment process. Therefore, both the Union
and the Employer agree not to discriminate on the basis of Union
activity, race, color, gender, national origin, age, disability (unless a
bona fide occupational qualification exists), ethnic group, marital
status, religion, sexual orientation, genetic information,
veteran/military status, and/or any other protected class or
characteristic. (Including those persons exercising their rights under
Article 2.1.)
3.4. Seniority. An employee shall accrue seniority through
continuous employment with the Renton Fire & Emergency
Services Department including those employees that become
members of the bargaining unit as a result of merger. The
Employer shall establish a seniority list and shall update it at least
once per calendar year. The seniority list shall be posted on the
bulletin board with a copy sent to the Secretary of the Union. This
list shall be established by classification.
3.5. Lay Off. Layoffs will be based on seniority with the first layoff
being the employee with the least amount of time within the
Renton Fire & Emergency Services Department. In the event of the
AGENDA ITEM #8. m)
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abolishment of a position the employee (s) with the least amount
of time in rank shall be laid off or dropped in rank. An employee
will not be reduced in rank by more than one classification as a
result of layoffs or staff reductions. In the event an employee is
rehired the Chief will have the discretion to determine an adequate
amount of training necessary to resume the duties of the position.
If a layoff is necessary the employee will be placed on a rehire list
that will last for (5) five years. In the event of rehire purposes the
list will be used as the sole list and will be used until it has been
depleted and or (5) years has expired. After six (6) months in a laid
off status a physical examination is a prerequisite for
reemployment. A reinstated employee shall serve a probationary
period of one year if the employee has been laid off for two and
one half years (2 ½) or more. A rehired employee will assume rank
and time in grade equal to their classification at the time of
separation.
ARTICLE 4 – RIGHTS AND RESPONSIBILITIES
4.1. Retention of Benefits. Working conditions which are
generally prevailing but not specifically outlined in this Agreement
shall, in the manner presently observed as department policy, be
administered and abided by both parties to this Agreement unless
changed or deleted by mutual consent.
4.2. Supervisory Responsibilities. Management rights and
responsibilities assigned to each Battalion Chief/Safety Officer shall
continue to be performed by him/her, void of any conflict of
interest that may arise out of the fact that the Battalion
Chiefs/Safety Officers are represented by the same IAFF Local as
AGENDA ITEM #8. m)
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20132016‐20152018
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the rank and file firefighters they supervise; PROVIDED, this shall
not constitute a waiver of the Local’s right to bargain under RCW
41.56.
ARTICLE 5 – MANAGEMENT RIGHTS
The Local recognizes the prerogatives of the Employer to operate
and manage its affairs in all respects in accord with its
responsibilities and powers of authority.
5.1. Overtime. The Employer has the right to schedule overtime
work as required and most advantageous to the department and
consistent with requirements of municipal employment and public
safety.
5.2. Incidental Job Duties. It is understood by the parties that
every incidental duty connected with fire service oriented
operations enumerated in job classifications is not always
specifically described.
5.3. Just Cause Disciplinary Action. The Employer reserves the
right to discharge or discipline an employee for just cause.
5.4. Layoff/Staff Reduction. The Employer reserves the right to
lay off employee for lack of work or funds; or for the occurrence of
conditions beyond the control of the department; or when such
continuation of work would be wasteful and unproductive. The
Employer shall have the right to determine reasonable schedules of
work and to establish the methods and processes by which such
work is performed in accord with Article 10 of this Agreement.
AGENDA ITEM #8. m)
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20132016‐20152018
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5.5. City Officials’ Authority. No policies or procedures covered in
this Agreement shall be construed as delegating to others or as
reducing or abridging any of the authority conferred on City
officials as defined in the following:
5.5.1. Mayor. The Ordinance responsibility of the Mayor as
Chief Executive Officer of the City for enforcing the laws of
the State and City, passing upon Ordinances adopted by the
City Council, recommending an annual budget, or directing
the proper performance of all executive departments.
5.5.2. City Council. The responsibility of the City Council for
the enactment of Ordinances, the appropriation of monies,
and final determination of employee compensation.
5.5.3. Fire Chief. The responsibilities of the Fire Chief and
his/her delegates as governed by City Ordinance and Civil
Service Rules and Department Rules and as limited by the
provisions of this Agreement: to recruit, assign, transfer, or
promote employees to positions within the Department; to
suspend, demote, discharge, or take other disciplinary action
against employees for just cause; to relieve employees from
duties because of lack of work, lack of funds, or for
disciplinary reasons; to determine methods, means, and
personnel necessary for departmental operations; to control
the departmental budget; to take whatever actions are
necessary in emergencies in order to assure the proper
functioning of the Department.
AGENDA ITEM #8. m)
Battalion Chief/Safety Officer, Local 864 Contract
20132016‐20152018
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5.6. IAFF Employee Support. The Local agrees that its employees
shall have a responsibility to promote the efficient and effective
operation of the department and to assist the Fire Chief and
his/her delegates in ensuring such efficiency and effectiveness. The
employees further agree to support the Chief and his/her delegates
in developing work programs, strategies, techniques, innovations
and other programs to maximize department productivity.
ARTICLE 6 – PERFORMANCE OF DUTY
Nothing in this Agreement shall be construed to give an employee
the right to strike and no employee shall strike nor shall he/she
refuse to perform his/her assigned duties to the best of his/her
ability.
To the extent that any provision of this Agreement is in conflict
with applicable current Civil Service rules in effect during the life of
this agreement, the mutually agreed upon labor contract will
prevail.
ARTICLE 7 – SALARIES
7.1. Salary Differential. Salaries for Battalion Chiefs/Safety
Officers shall reflect a 49.5% differential between Battalion
Chiefs/Safety Officers and top step Firefighters. (Firefighter top
step plus 49.5%.)
Should the Firefighter bargaining unit negotiate base wage
increases greater than what is reflected in this agreement, the
AGENDA ITEM #8. m)
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20132016‐20152018
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BCSO wage for this contract term shall not increase by more than
what is reflected in Appendix A.
7.2. Longevity Salary Allowances. Longevity salary allowances
shall be payable on the first payday pay period following the
anniversary of the Battalion Chief/Safety Officer:
Completion of 5 years – 2% of top step firefighter salary
Completion of 10 years – 4% of top step firefighter salary
Completion of 15 years – 6% of top step firefighter salary
Completion of 20 years – 10% of top step firefighter salary
Completion of 25 years – 12% of top step firefighter salary
7.3. New Classification Salaries. The salaries for any new
classifications that may be covered by this agreement shall be
subject to negotiations between the parties.
7.4. Education Incentive. Additional pay shall be awarded as an
education incentive to employees of the Department using the
following scale and for the following achievements. The Chief shall
insure all educational requirements are met through an accredited
program. Educational incentives shall be paid to the employee
beginning in the next pay period following receipt of proper
documentation by the Human Resources & Risk Management
Department and shall not be retro‐active. Payments will be
rounded to the nearest whole dollar.
Four Year Degree and Two Year Fire Science Degree with Fire
Emphasis – 2.0% of top step of base firefighter’s salary.
AGENDA ITEM #8. m)
Battalion Chief/Safety Officer, Local 864 Contract
20132016‐20152018
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7.5. Standby/Safety Officer Compensation. Battalion
Chiefs/Safety Officers performing Standby/Safety Officer duty shall
be compensated at the rate of $5.00 per hour. Employees on the
list will remain in a duty ready state and available to respond within
one (1) hour for suppression recall and 30 minutes for a Safety
Officer recall. Employees on the list will be paid for an entire 24
hour shift unless they are activated, at that time the employee will
transfer to the appropriate pay rate. Battalion Chiefs/Safety
Officers may request time off in lieu of receiving monetary
compensation. Time off will be accrued at the rate of ½ day off for
each week of Standby/Safety Officer duty performed. Time off in
lieu of monetary compensation will be at the approval of the Chief.
7.6. Deferred Compensation Contribution.
7.6.1. Annual Contribution.
For 2013, the City agrees to contribute three and one
half percent (3.5%) of a shift Battalion Chief/Safety
Officer’s base wage per annum to a deferred
compensation or income protection plan.
For 2014 and going forward, the City agrees to
contribute five and one half percent (5.5%) of a shift
Battalion Chief/Safety Officer’s base wage per annum to
a deferred compensation or income protection plan.
Note: In lieu of a lump sum payment in 2013 and a 2.5%
salary base wage increase in 2014, the BCSO bargaining
unit opted to have the City contribute 2% to their
Deferred Compensation plan.
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7.6.2. Combat Challenge Contribution. The City agrees to
contribute 2.5% of a shift Battalion Chief/Safety Officer’s base
wage to the deferred compensation plan in exchange for
mandatory participation, and successful completion of the
annual fire fighter entrance combat challenge. A different
test may be substituted for the combat challenge if mutually
agreed upon by the BCSOs and Fire Administration.
The test shall be given annually in the preceding year. Any
employee who does not meet the standard has one (1)
additional opportunity to pass the test by the end of the
preceding year.
If an employee is unable to successfully complete the test,
he/she will be referred to the Peer Fitness Training program
for further physical training. The employee will then be
allowed to test again during the same year in which the test
was originally taken.
Any employee receiving deferred compensation who is unable
to take the combat challenge due to disability or sick leave
will continue to receive the deferred compensation. Once the
employee returns to full duty they have 180 days to complete
the combat challenge.
7.7. Pay Days. Paydays shall be on the 10th and 25th of each
month. Should the paydays fall on a Saturday or Sunday or holiday,
paychecks shall be issued on the preceding working day. The City
retains the right to mandate electronic deposit of paychecks during
the life of this agreement. Effective January 1, 2017, the employer
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shall no longer issue paper stubs to employees. Employees will
receive instructions regarding online viewing of their individual pay
stubs prior to January 1, 2017.
ARTICLE 8 – OVERTIME
Unless otherwise provided by the terms of this Agreement, in the
event that a need for overtime should occur in the Fire &
Emergency Services Department because of emergency, sickness,
or other unforeseen conditions, the current procedures will be
used by the Employer.
8.1. Suppression Overtime. Battalion Chiefs/Safety Officers
assigned to days may work suppression overtime without having to
use vacation or holiday time when approved by the employee’s
immediate supervisor. The employee may use vacation, holiday,
comp time, or executive leave time at their option. Battalion
Chief/Safety Officer’s suppression overtime rate will be 1.35 times
their normal rate of pay. (Non suppression overtime, training and
meetings for example will be at the current straight time rate.)
Employees who choose to use comp time shall limit the accrual of
comp time hours to not more than 100 hours.
8.2. Callback. All employees covered by the terms of this
Agreement who are called back to work because of an emergency
or other unforeseen conditions shall be paid for two hours
minimum at a rate of 1.35 times their normal rate of pay.
8.3. Work Hold‐Over. All employees covered by the terms of this
Agreement who work an extension (hold‐over) of their normal shift
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because of an emergency or other unforeseen conditions shall be
paid at the rate of 1.35 times their normal rate of pay for hold‐
over, rounded up to the nearest half‐hour.
8.4. Overtime Shifts. BCSOs will fill their overtime shifts according
to the rules established and mutually approved by the Local 864
and Fire Administration.
8.5. Overtime Equality Count System. Overtime rules will be the
equality count system, with new BCSOs added to the BCSO list and
adjusted to a count two (2) below the lowest current BCSO.
8.6 Response Operations Training. Battalion Chief/ Safety Officers
who conduct Response Operations Training classes shall be paid
the overtime rate of 1.35 times their normal rate of pay for time
spent actually conducting the training.
ARTICLE 9 – INSURANCE
9.1 Definitions:
REHBT: Renton Employees’ Healthcare Board of Trustees
REHP: Renton Employees’ Healthcare Plan
Funding Goal: It is the responsibility of the Renton Employees’
Healthcare Board of Trustees to establish and maintain fund goals
in relationship to the Renton Employees’ Healthcare Plan.
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Plan Member: An eligible Renton employee, along with their
dependents, that is covered under the Renton Employee’s
Healthcare Plan.
Premiums: The contributions made to the REHP by both the City
and the employees to cover the total cost of purchasing the REHP.
Contributions made by employees for co‐pays, lab fees, ineligible
charges, etc., are not considered premiums for the purpose of this
Article.
9.2. Health Insurance
9.2.1. Participation. The City and the Local/Union/Guild
agree to jointly manage the REHP during the term of this
agreement. The REHBT is comprised of AFSCME Local 2170;
Firefighters Local 864; Police Guild; and the City, and will
meet at least quarterly to review the REHP including costs
associated with the REHP.
Medical coverage shall be provided in accord with the laws
of the State of Washington, RCW 41.26.150 and federal
plans: Patient Protection and Affordable Care Act and the
Health Care and Education Affordability Reconciliation Act
of 2010. The Local/Union/Guild agrees to continue
participation in the REHBT and to identify and support cost
containment measures.
9.2.2. Plan Coverage. The City will provide a
medical/dentalmedical, dental, vision, and prescription drug
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insurance plan for all eligible employees including all
bargaining unit members and their eligible dependents.
9.2.3. Premiums. For the calendar years 20160 through
calendar year 2015 2020 the total cost of the plan shall be
divided as follows:
YEAR CITY EMPLOYEES
20102
016
9692% 48%
20112
017
9692% 48%
20122
018
9592% 58%
20132
019
9492% 68%
20142
020
9391% 79%
2015 92% 8%
Employee premiums will be based upon the following
categories:
Employee
Employee/Spouse or Domestic Partner
Employee/Spouse or Domestic Partner/1
Employee/Spouse or Domestic Partner/2+
Employee/1
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Employee/2+
9.2.4. Projected Costs. For calendar year 2013, the
contributions to the benefit fund (premium revenue) shall be
the same as the contribution made in the calendar year 2012,
subject to the plan cost sharing provisions between employer
and employees per current bargaining agreements. Beginning
calendar year 2014 and going forward, tThe plan
contributions shall be calculated by the percentage of actual
plan costs increase that occurred in the previous year. The
year in review shall be from July 1st to June 30th.
9.2.5. Group Health Coverage. Bargaining unit members that
chose to be covered by Group Health insurance will be
required to pay the premium cost of the self‐funded plan plus
any additional premium cost above the self‐funded plan.
9.2.6. Renton Employees’ Healthcare Board of Trustees. The
REHBT includes members from each participating Union. Each
union will have a maximum of one (1) vote, i.e. the Firefighter
Union has two (2) bargaining units but only receives one (1)
vote on the REHBT, and the Police Guild has two (2)
bargaining units but only receives one (1) vote on the REHBT.
The City only receives one (1) vote also. If all bargaining units
participate, the voting bodies would be as follows: AFSCME –
2170; Firefighters – 864; Police Guild; and the City for a total
of four (4) votes.
9.2.7. Plan Changes. The members of the REHBT shall have
full authority to make plan design changes without further
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concurrence from bargaining unit members and the City
Council during the life of this agreement.
9.2.8. Voting. Changes in the REHP will be determined by a
majority of the votes cast by REHBT members. A tie vote of
the REHBT members related to a proposed plan design change
will result in continuing the current design.
9.2.9. Surplus. Any surplus in the Medical Plan shall remain
available only for use by the Renton Employees’ Health Plan
Board of Trustees for either improvements in the Plan, future
costs increase offsets, rebates to participants, or reduction in
employee contributions.
9.3. Life Insurance. The Employer shall furnish to the employee a
group term life insurance policy in the amount of the employee’s
annual salary rounded to the nearest $1,000 including double
indemnity. The Employer shall furnish a group term life insurance
policy for $1,000 for the employee’s spouse and $1,000 for each
dependent.
9.4. Federal/State Healthcare Option. In the event of a
Federal/State healthcare option, the REHBT shall have the option
to review the proposed Federal/State option and take appropriate
actions.
9.5. COBRA. When an employee or dependent’s health care
benefits ceases, the employee or dependent shall be offered
medical and dental benefits under the provision of Consolidated
Omnibus Budget Reconciliation Act (COBRA) for a period of
eighteen (18) months.
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9.6. Health and Wellness Program. The employer agrees to pay
$10.00 per month per employee to promote health and wellness
within the Renton Fire & Emergency Services Department. The
employees agree to pay $5.00 per month per employee to
promote health and wellness within the Renton Fire & Emergency
Services Department. This amount will be deducted from the
employee’s paycheck on the 10th of each month. The funds will be
placed in a separate account and carried over each year. These
funds shall be used in accordance with Renton Fire & Emergency
Services Department Policies.
ARTICLE 10 – HOURS OF WORK
10.1. . Administration, Community Risk Reduction, and Safety &
Support SectionsDay Staff Assignment. The normal schedule for
employees of the Administration, Community Risk Reduction, and
Safety & Support Services Sectionswho are assigned to day staff
shall be equivalent to 40 hours per week exclusive of lunch.
Workdays shall commence at 0730 hours Monday through Friday,
or as established by mutual agreement. Non‐Response Operations
Battalion Chiefs/Safety Officers will work up to two (2) hours of
non‐compensated time per month. (Two hours per month, not 24
hours per year).
10.2. Response Operations Section. The normal working schedule
for the Response Operations section shall be in twenty‐four (24)
hour shifts beginning at 0730 hours. For Section 7(k) purposes
under the Fair Labor Standards Act, the work period (FLSA, 29
U.S.C., 207)(k) shall be eighteen (18) days beginning on January 2,
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2010, and every eighteen (18) days thereafter, for a total of 136
hours maximum.
10.2.1. Kelly Shift. Employees will receive one “Kelly” shift
every six (6) regularly scheduled shifts to reduce the normal
workweek to 46.6 hours.
10.2.2. Consecutive Hours Worked. The number of
consecutive hours an Employee is allowed to work in
Response Operations shall not exceed seventy‐two (72) hours.
Exception: In the event of an emergency when it is necessary
to retain a workforce on the scene or at the stations.
10.2.3. Rest Breaks. One hour for lunch and one hour for
dinner and rest breaks will be allowed, in accordance with Fire
& Emergency Services Department Rules and Standard
Operating Procedures.
10.3. Shift Exchanges. Employees may exchange shifts with prior
approval of the Fire Chief, or his/her designee. No shift exchange
shall be made which will result in extra payroll cost to the
Employer. All shift exchanges must be repaid within twelve (12)
months of date of exchange.
The parties agree to utilize the labor management process to
work out a mutually agreeable policy to ensure accountability
regarding the utilization of sick leave in connection with shift
trades. If the parties do not have an agreement by December 31,
2016, the Union and Chief agree to put the following interim policy
in place until an agreement is reached:
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In the event that the Union member is unable to pay back a
traded shift due to illness, that employee shall attempt to find
a trade replacement. If the employee is unable to find a trade
replacement, the employee will have the option of either using
sick leave at the straight time (or at the overtime rate if an
overtime situation is incurred by the City) or paying the time
back by working as future overtime situations present
themselves. If the latter option is chosen, the employee will not
be eligible to receive overtime until the equivalent of the
missed shift has been offset by an equivalent number of hours
worked.
10.4. Day Shift Differential. Employees assigned to day shift for
thirty (30) consecutive days or more (excluding light duty) shall
receive an additional 5.0% of a shift Battalion Chief/Safety Officer’s
base wage per pay period.
10.5. Working Out of Classification. Employees assigned the
duties of a higher classification shall be compensated in accordance
with City Policy & Procedure #300‐41.
ARTICLE 11 – HOLIDAYS
The following are recognized as legal holidays and shall be taken by
all employees working a 40‐hour work week:
1. The first day of January, commonly called New Year’s
Day.
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2. The third Monday in January, commonly known as
Martin Luther King, Jr.’s, birthday.
3. The last Monday in May, commonly known as Memorial
Day.
4. The fourth day of July, being the anniversary of the
Declaration of Independence.
5. The first Monday in September, to be known as Labor
Day.
6. November 11 (Veteran’s Day).
7. The fourth Thursday of November, to be known as
Thanksgiving Day.
8. The fourth Friday of November, the day after
Thanksgiving Day.
9. The twenty‐fifth day of December, commonly called
Christmas Day.
10. The day before Christmas shall be a holiday for City
employees when Christmas Day occurs on a Tuesday or
Friday. The day after Christmas shall be a holiday for City
employees when Christmas Day occurs on a Monday,
Wednesday, or Thursday. When Christmas Day occurs on
a Saturday, the two preceding working days shall be
observed as holidays. When Christmas Day occurs on a
Sunday, the two working days following shall be
observed as holidays.
11. Two floating Holidays of the employee’s choice.
12. Any other day designated by public proclamation of the
Chief Executive of the State, and agreed to by the Mayor
or City Council, as a legal holiday.
13. For employees working a 40‐hour work week, if the
holiday falls on a regularly scheduled “flex” day, the
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employee must plot the holiday on another day. The
employee will have thirty (30) days before or after to
replot the holiday.
11.1. Holiday Sellback. All employees working 24‐hour shifts shall
receive five (5) shifts off in lieu of holidays. The employee may at
his/her option, sell back from zero (0) to five (5) shifts of holiday
time at the straight time rate. In the event an employee does not
serve the entire twelve (12) months in which the payout was made,
the sell back amount will be subject to a prorated deduction from
the employee’s final paycheck. Payment for Holidays sold back to
the City shall be paid on the second payday paycheck of February
of each year. The Holiday sellback check will be issued on a
separate voucher.
11.2. Holiday Scheduling. Scheduling of holiday time off will be
done in a manner to prevent the necessity of overtime payment by
the Employer and in accord with Fire & Emergency Services
Department Rules and Standard Operating Procedures.
11.3. Working Thanksgiving and Christmas Day. Those employees
required to work Thanksgiving or Christmas Day shall receive
compensation at the double‐time rate for the hours worked during
those holidays.
11.4. Holiday Conversion. The holiday conversion factor of
(40/46.6 = .858) will be used when converting from a 24 hr shift to
day shift or from a day shift to 24 hr shift. To convert from a 24hr
shift to day shift take the 24hr shift hours x .858 = new day shift
hours. To convert from day shift to 24hr shift hours take the day
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shift hours/.858 = new 24 hr shift hours. Rounded to the nearest
whole hour. All Local 864 members will be allocated holiday hours
to their payroll holiday account based upon their shift/day shift
assignment. In the case that an employee is moved mid‐year
conversion will take place if necessary.
Use the following chart to determine the Holiday or Vacation leave
usage per day when an employee is temporarily assigned to days
(such as Light Duty).
Leave hours
taken
Conversion
Factor
Converted Leave
Time
Rounded Time
Used
1 .858 1.1655 1
2 .858 2.3310 2
3 .858 3.4965 3
4 .858 4.6620 5
5 .858 5.8275 6
6 .858 6.9930 7
7 .858 8.1585 8
8 .858 9.3240 9
9 .858 10.4895 10
10 .858 11.6550 12
ARTICLE 12 – VACATIONS
The use of vacation is based on the calendar year.
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12.1. Vacation for New Hires. Employees hired mid‐year will use
vacation on a pro‐rated basis (See Appendix B Vacation Prorated
Schedule), based on the hire date.
12.2. Vacation Plotting/Scheduling. Vacation plotting will be
based on rank, then seniority among BCSOs and in accordance
wthwith SPO 2405, Work Schedule.
12.2.1. Vacation Plotting for 24‐Hour Shift Personnel.
Twenty‐four (24) hour shift personnel will plot the number of
full shifts accrued the prior year. The employee will be paid
out at the straight time rate for the odd hours remaining. The
employee will not carry over any vacation from year to year.
12.2.2. Vacation Scheduling for Day Personnel. During the
course of their assignment, employees assigned to days must
schedule at least 50% of his/her vacation hours accrued in the
prior year by January 31. An employee may carry over the
balance of accrued vacation hours into the following year, not
to exceed the limits in paragraph 3.C below.
12.2.3. Returning to 24‐Hour Shift Schedule. Employees
returning to shift work from his/her day shift assignment have
the option of:
(a). Cash out half of his/her vacation hours remaining in
the year and plot the other half for the following year,
or
(b). Cash out all of the remaining hours.
(c). The remaining hours to be cashed out or rolled over
at the end of an assignment shall be limited up to the
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number of hours accrued during the final year of the
assignment.
(d). Cash out shall be at the day shift hourly rate in effect
on the last day of the employee’s day shift
assignment.
12.2.4. Unused Plotted Vacation. At the discretion of the
Chief, any employee unable to use plotted vacation due to
illness/injury, or recall to active military duty, may shall be
paid at the straight time rate or be allowed to re‐plot time off
in the affected year.
12.3. Vacation Accrual Rate. The following vacation benefit
schedule shall be applicable to employees hired January 1 of any
year:
Calendar Year
In Service
Hours/Shifts Used per
Year
1st 0
2 72 hrs/3 shifts
3 96 hrs/4 shifts
4 120 hrs/5 shifts
5 144 hrs/6 shifts
6‐10 yrs 216 hrs/9 shifts
11‐15 yrs 264 hrs/11 shifts
16‐20 yrs 312 hrs/13 shifts
21 + yrs 336 hrs/14 shifts
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Each year, in the month of September, Labor and Management will
produce agreed upon vacation hours for all employees. The hours
will be entered by Finance into each employee’s vacation account
to be used the following year.
12.4. Vacation Conversion. When an employee is assigned to
days, or moves back to 24‐hour shift, the vacation conversion
factor (40/46.6 = .858) will be used. When an employee is
temporarily assigned to days for longer than six (6) pay periods,
due to illness, injury, or temporary assignment, sick leave, holidays
and vacation will be converted if necessary. Upon re‐assignment to
shift, the remaining hours will be converted back to shift.
Convert from 24‐hour Shift to Days:
Shift vacation allocation x .858 = day staff vacation hours
Convert from Days to 24‐hour Shift:
Day staff vacation balance ÷ .858 = shift vacation hours
All employees will be allocated hours to their payroll vacation
account based upon their 24‐hour shift/day staff assignment. In
cases of mid‐year assignment changes, the unused portion of
vacation will be converted. At the discretion of the Chief, when a
day staff employee is assigned mid‐year to 24‐hour shift, the
converted vacation hours will be plotted in the affected year, or
paid at the straight time rate.
Vacation will be taken at the employee’s request and will be
granted in accordance with Department SOP with the approval of
the section Deputy Chief.
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12.5. Vacation Scheduling. Scheduling of vacation time shall be
done in a manner to prevent the necessity of overtime payment by
the Employer and in accord with Fire & Emergency Services
Department Rules and Standard Operating Procedures. When
staffing levels permit, a certain number of available staff shall be
permitted to schedule time off, including any holidays and “Kelly”
days.
ARTICLE 13 – SICK LEAVE
Sick leave benefits are hereby fixed and established in the following
manner:
13.1. LEOFF I Sick Leave Accrual Rate. The employer agrees to
allow each LEOFF I employee hired before October 1, 1977 sick
leave benefits computed on the following basis:
All LEOFF I members will accrue sick leave at a rate of twenty‐
four (24) hours per month up to a maximum balance of one
hundred sixty‐eight (168) hours and at a maximum accrual
rate of 168 hours per year.
13.2. LEOFF I Use of Sick Leave. In case of sickness or disability,
the LEOFF I employee shall first use and exhaust any and all sick
leave benefits accrued pursuant to Section 13.1 above prior to
receiving any sick or disability benefits pursuant to RCW 41.26.150
and/or for RCW 41.26.120. Sick leave benefits shall not be accrued
during any period while such employee is on “disability leave” or
“disability retirement” under the provisions of the LEOFF System.
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However, if such employee is returned to full active duty with the
Employer prior to the expiration of the six‐month period and prior
to any final disability retirement, then such leave credit shall accrue
to his/her benefit during such temporary period of disability.
13.3. LEOFF II Sick Leave Accrual Rate. The Employer agrees to
allow each employee hired after October 1, 1977, sick leave
benefits computed on the following, basis:
All LEOFF II employees will accrue sick leave at a rate of
twelve (12) hours per month up to a maximum accrual of one
thousand, four hundred and forty hours (1,440).
Upon employment, new full time employees shall receive thirty‐six
(36) hours of sick leave. Upon completion of the first three (3)
months of employment, an additional thirty‐six (36) hours of sick
leave will be granted. After six (6) months of full time employment,
employees will accrue sick leave at the rate of twelve (12) hours
per month to a maximum of 1,440 hours. At no time shall the total
sick leave accrued under this section and the supplemental sick
leave benefits available under Section 13.11 exceed 1,440 hours.
13.4. LEOFF II Sick Leave Cash Out. Cash payment for sick leave
accrued under Section 13.3 of this Article will be made upon an
employee’s death, retirement or voluntary separation while in
good standing at the rate of one‐half (1/2) regular pay for each
hour accrued. Employees hired on or after January 1, 1994 shall not
be eligible for cash out of accrued sick leave. This provision does
not apply to any injury leave benefits provided under Section 13.6
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and supplemental sick leave benefits provided under Section 13.11
of this Article.
13.5. LEOFF II Disability Leave. Disability leave benefits shall be
provided to LEOFF II employees in accordance with the laws of the
State of Washington when it has been determined that the
disability is duty‐related.
13.6. LEOFF II Duty‐Related Disability. All LEOFF II personnel
covered by either of the above contracts will receive up to six
consecutive calendar months of full pay and benefits for L & I
qualified duty‐related disabilities. The maximum period of this
benefit will not exceed six consecutive calendar months.
13.6.1. The coverage starts on the first day or shift of time
loss.
13.6.2. The employee with the disability will not be required
to use any personal sick leave if the duration of the
illness or injury is six consecutive calendar months or
less.
13.6.3. No Vacation or Holiday leave can be used during the
six consecutive calendar month period.
13.6.4. Any light duty performed during the period of
disability will not extend the period of the six
consecutive calendar months.
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13.6.5. This benefit will conclude when any of the following
conditions occur:
(a). The employee is cleared for return to full
duty;
(b). The employee remains on disability and
completes their six consecutive calendar
months; or,
(c). During the six consecutive months, the
Department of L & I declares the employee to
be “fixed and stable” with a disability that
permanently prevents a return to full duty.
13.6.6. The intent of this agreement is to make an injured
employee financially “whole” for the duration of the
recovery period. The total compensation received by
an injured employee will not exceed their regular duty
compensation.
13.6.7. All benefits provided in accordance with the contract
will continue to accrue while an employee is using the
LEOFF II OJI Benefit.
13.6.8. Reimbursement Checks from the Third Party
Administrator (TPA) for City of Renton.
(a). All TPA reimbursement checks sent to the
employee must be submitted to the City of
Renton.
(1). Checks must be submitted within 30 days
of receipt by the employee.
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(2). The employee must endorse the check to
the City of Renton.
(b). The intent of the six months of coverage is to
make the employee financially “whole”. The
total compensation received by the employee
will not exceed his or her regular, duty
compensation.
13.6.9. In accordance with State law, employees will be
reimbursed for all approved L & I travel expenses.
13.6.10. Crediting of TPA Wage Reimbursement checks once
the initial six consecutive calendar months of full
coverage by the City has been completed.
(a). The employee must submit his or her
reimbursement check to the City of Renton as
identified above.
(b). In turn, the City will credit the employee’s sick
leave account. The amount of sick leave credit
will be determined by dividing the check’s
value by the employee’s regular hourly rate
(including premiums). The number of hours
(and any fraction thereof) will be added to the
balance of the employee’s sick leave account.
(c). This process will continue until the employee
exhausts his or her personal sick leave.
If an employee terminates employment with the Employer for
reasons other than disability, lay‐off, or retirement, the value of
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any injury leave used from this bank but not accrued shall be paid
back to the Employer through payroll deduction.
13.7. Sick Leave to Care for Child. Accrued sick leave may be used
to care for a child under eighteen years of age with a health
condition that requires treatment or supervision, including
preventative health care, as specified in WAC 296‐130‐010 through
296‐130‐500. For the purposes of this section, child is defined as
the natural or adopted child of the employee, the natural or
adopted child of the employee’s spouse or a child under the
employee’s legal guardianship, legal custody, or foster care.
13.8. Sick Leave for Family Medical Emergency. Available sick
leave may be granted upon permission from the Chief of the
Department or, in his/her absence, the senior officer in charge in
the case of sudden family emergencies other than the care of a
child under eighteen years of age with a health condition that
requires treatment or supervision. Such sick leave shall be used in
accord with department regulations.
13.9. Emergency Sick Leave. Due to the fact that 24‐hour shift
employees do not have vacation accrual banks, beginning January
1, 2014, 24‐hour shift employees shall be allowed to use up to 48
hours of sick leave annually for the purpose of covering emergency
time off which is not related to illness or injury. An emergency is
defined as an unexpected situation or sudden occurrence of a
serious or urgent nature that demands immediate attention.
This is a pilot program and will expire December 31, 2014, unless
an extension is mutually agreed to.
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13.10. Sick Leave Bonus. This section applies to any LEOFF I or
LEOFF II employee who accrues sick leave benefits under Sections
13.1 and 13.3 of this Article. The Sick Bonus is granted based on the
amount of sick leave hours used (excluding OJI) in the previous
calendar year as described in the table below. The amount of Sick
Bonus hours issued will be based on whether the employee is
assigned to shift or days in February of the current year. As noted,
day staff usage and payment will be calculated at the conversion
rate of .858 rounded to the nearest whole hour for all hours in this
section. Payment will be issued on a separate voucher on the
second payday paycheck in February.
SHIFT STAFF
Sick Leave Hours Used 0 >0 to 24 >24 to 48 >48
Bonus Hours Issued 24 24 24 0
Bonus Hours Payment Double
time
Time and one
half
Straight
time No Bonus
DAY STAFF
Sick Leave Hours Used 0 >0 to 21 >21 to 41 >41
Bonus Hours Issued 21 21 21 0
Bonus Hours Payment Double
time
Time and one
half
Straight
time No Bonus
13.11. Supplemental Sick Leave For Response Operations Section.
During the term of this Agreement, Response Operations personnel
hired after October 1, 1977 (LEOFF II) may, in case of personal
AGENDA ITEM #8. m)
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illness or off duty disability, be granted supplemental sick leave
upon permission from the Chief of the Department after any and all
sick leave accrued pursuant to Section 13.3 of this Article has been
exhausted. Supplemental sick leave benefits shall be computed at
the rate of twelve (12) hours per month for each full month of
employment from January 1, 1994. At no time shall the total sick
leave accrued under Section 13.3 of this Article and the
supplemental sick leave benefits available under this section
exceed 1,440 hours.
13.12. Light Duty Eligibility. All LEOFF II employees having an
extended injury or illness are eligible for up to 12 months of light
duty.
13.13. Sick Leave Conversion. The sick leave conversion factor of
(40/46.6 = .858) will be used when converting from a 24 hour shift
to day shift or from a day shift to 24 hour shift. To convert from a
24 hour shift to day shift take the 24 hour shift hours x .858 = new
day shift hours. To convert from day shift to 24 hour shift hours
take the day shift hours/.858 = new 24 hour shift hours. Rounded
to the nearest whole hour. All local 864 employees will be allocated
sick leave hours to their payroll sick leave account based upon their
shift/day shift assignment. In the case that an employee is moved
mid‐year conversion will take place if necessary.
Please use the following chart to determine sick leave usage per
day when an employee is temporarily assigned to days (such as
light duty).
AGENDA ITEM #8. m)
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Sick Leave Hours
Taken Per Day
Conversion
Factor
Converted Time
Used
Rounded Leave
Used Per Day
1.00 .858 1.165501166 1.25
1.25 .858 1.456876457 1.50
1.50 .858 1.748251748 1.75
1.75 .858 2.03962704 2.00
2.00 .858 2.331002331 2.25
2.25 .858 2.622377622 2.50
2.50 .858 2.913752914 3.00
2.75 .858 3.205128205 3.25
3.00 .858 3.496503497 3.50
3.25 .858 3.787878788 3.75
3.50 .858 4.079254079 4.00
3.75 .858 4.370629371 4.25
4.00 .858 4.662004662 4.75
4.25 .858 4.953379953 5.00
4.50 .858 5.244755245 5.25
4.75 .858 5.536130536 5.50
5.00 .858 5.827505828 5.75
5.25 .858 6.118881119 6.00
5.50 .858 6.41025641 6.50
5.75 .858 6.701631702 6.75
6.00 .858 6.993006993 7.00
6.25 .858 7.284382284 7.25
6.50 .858 7.5757576 7.50
6.75 .858 7.867132 7.75
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7.00 .858 8.158508 8.25
7.25 .858 8.44988 8.50
7.50 .858 8.74125 8.75
7.75 .858 9.03263 9.00
8.00 .858 9.324009 9.25
8.25 .858 9.615384 9.50
8.50 .858 9.906759 10.00
8.75 .858 10.1981 10.25
9.00 .858 10.48951 10.50
9.25 .858 10.78088 10.75
9.50 .858 11.07226 11.00
9.75 .858 11.36363 11.25
10.00 .858 11.65501 11.75
ARTICLE 14 – BEREAVEMENT LEAVE
Time off with pay for up to one (1) shift or day shall be granted to
employees covered by this agreement for the purpose of
bereavement regarding the death of an employee’s mother, father,
brother, sister, spouse, child, domestic partner, domestic partner’s
child, mother‐in‐law, father‐in‐law, grandchild, or grandparents.
These hours shall be noted as bereavement leave and shall not
affect vacation or sick leave accumulations. When special
conditions exist, up to three shifts of sick leave may be granted,
upon proper request, for the purpose of bereavement as described
above. All requests for extended bereavement leave shall be
approved by the Fire Chief.
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Members of the Bargaining Unit shall be permitted to attend
funeral services on duty for family members of Local 864
employees. Employees scheduled to work the day of a funeral shall
be able to attend the service within their response area and will
respond to calls for services as requested.
The City and the Union also agree that daily work schedules will be
completed as if no interruption in work resulted from attending a
funeral service and would result in no overtime cost to the City.
ARTICLE 15 – UNIFORM ALLOWANCE
15.1. Uniform Allowance. Each employee shall receive a uniform
allowance of 1.25% of top step of firefighter annual base pay. The
Uniform allowance paycheck will be paid on a separate voucher on
the Ssecond Ppaydaycheck in February. The purpose of such
allowance is to buy, maintain, and/or repair any equipment or
clothing required by the Employer which is not furnished by the
Employer. All employees covered shall have and maintain three (3)
house uniforms after the year 2006 uniform allowance.
The Employer shall furnish all protective clothing or protective
devices required of the employees in the performance of their
duties to the employees. Such protective clothing and devices will
remain the property of the Employer and shall be worn only in the
performance of Renton Fire & Emergency Services Department
duties.
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15.2. Safety Boots. The employee will also be required to
maintain a pair of approved safety boots as stated in the SOP’s. The
replacement costs of these boots will be borne by the employee.
15.3. Allowance Repayment. The allowance is subject to a
prorated deduction from the employee’s final paycheck in the
event he/she does not serve the entire twelve months for which
such payment was made, with the exception of an employee who
retires or expires, in which event no deduction shall be made.
15.4. Quartermaster System. In lieu of this allowance and at the
employer’s option, a quartermaster system may be instituted.
Under this program the employer would purchase and maintain,
including cleaning, any equipment or clothing required by the
employer. Prior to implementation both parties shall agree as to
what is required equipment and clothing.
15.5. Uniform Inspections. Periodic inspections may be conducted
at the discretion of the Chief to monitor the appearance and
serviceability of uniform clothing and equipment. It shall be the
responsibility of the employee to replace any piece of clothing or
equipment, which the Chief determines, is substandard.
ARTICLE 16 – GRIEVANCE PROCEDURE
Grievances or disputes, which may arise involving the
interpretation of this Agreement, shall be settled in the following
manner:
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Step 1: The Local’s Grievance Committee, upon receiving a
written and signed petition shall have two (2) weeks from
the date of the actual grievance, to determine if a
grievance exists. If in their opinion no grievance exists, the
matter is closed.
Step 2: If in the opinion of the Grievance Committee a grievance
exists, the Committee shall within two weeks after
receiving the grievance present the grievance in writing to
the Chief of the Fire & Emergency Services Department
for adjustment.
Step 3: If within ten (10) business days the grievance has not been
settled, it then shall be submitted and presented to the
Mayor by Local 864.
Step 4: If within ten (10) business days the grievance has not been
settled in Step 3, the Union will notify the City, in writing,
of its intent to submit the grievance to arbitration for
adjustment. The power and authority of the Arbitration
Board shall be limited to the interpretation of the terms of
this Agreement. The Board shall have no authority to
amend, modify, nullify, ignore, add to, or subtract from,
the express terms of this Agreement. The Arbitration
Board shall consist of a representative of the Employer, a
representative of the Local, and a third member mutually
agreed to by both the appointed members and who will
preside as Chairman. If the two cannot agree within seven
(7) days on the selection of the Chairman, the matter then
shall be submitted to the Federal Mediation and
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Conciliation Services for seven (7) names of Arbitrators
who reside in the State of Washington. The Employer and
the Local shall strike names alternately; the final
remaining name shall be the neutral third party. Each
party will pay for his/her own arbitrator and the expenses
of the third will be shared equally between the parties.
Meetings of the Arbitration Board shall be attended by all
three members. A decision of the majority of the
Arbitration Board shall be final and binding on all parties
as to the issues submitted to it for decision.
ARTICLE 17 – SAVINGS CLAUSE
If any article of this Agreement or any addenda hereto should be
held invalid by operation of law or by any tribunal of competent
jurisdiction, or if compliance with or enforcement of any article
should be restrained by such tribunal, the remainder of this
Agreement and addenda shall not be affected thereby and the
parties shall enter immediate collective bargaining negotiations for
the purpose of arriving at a mutually satisfactory replacement of
such articles.
The Employer and the Local reserve the right to address, through
reopening of the contract, any effects that the Fair Labor Standards
Act, or any amendments thereto, may have on the application of
the provisions of the Labor Agreement.
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ARTICLE 18 – DURATION OF AGREEMENT
This Agreement shall become effective January 1, 20163, and shall
remain in full force and effect until December 31, 20158.
The Agreement expressed herein in writing concludes collective
bargaining for its term and constitutes the entire Agreement
between the parties. All rights and duties of both parties are
specifically expressed in this Agreement and such expression is all‐
inclusive. No oral statement shall add to or supersede any of its
provisions.
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For the duration of this agreement, no party shall change, modify,
or amend any part of this Agreement without first negotiating and
obtaining the mutual consent of the other party.
Signed this ____ day of ______________, 20136, at Renton, Washington.
CITY OF RENTON RENTON FIREFIGHTERS LOCAL 864
Denis Law, Mayor Mark dos
RemediosSteve Winter, President
Mark Peterson, Fire Chief Stan EnglerDoug
McDonald, Battalion Chief
Nancy Carlson, HRRM Administrator RENTON REGIONAL FIRE AUTHORITY
Roy Gunsolus, Battalion Chief
AGENDA ITEM #8. m)
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Cathryn Laird, HR ManagerJanna Dinkelspiel, HR Analyst Mark Peterson,
Fire Chief
ATTESTED: APPROVED AS TO FORM:
Bonnie I. WaltonJason Seth, City Clerk
Lawrence J. Warren, City Attorney
AGENDA ITEM #8. m)
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APPENDIX A: SALARIES
A.1. Base Wage.
Effective January 1, 20132016, the base wages for all positions
in the bargaining unit shall be the same as the wages in place
in 20122015.
Year Monthly Annually
1/1/2016 $9,684 $116,208
Effective July 1, 2016, the 49.5% differential between top step
Firefighter and Battalion Chief/Safety Officer will be
reinstated (based on wages as of June 30, 2016) and the
base wages will be increased by 2%.
Year Monthly Annually
7/1/2016 $10,054 $120,648
Effective January 1, 20147, base wages shall be increased by
12.5% above the wages in place in December 31, 2016 2013.
Year Monthly Annually
2017 $10,305 $123,660
Effective January 1, 20158, the base wages shall be increased
by 2.5% above the wages in place in 20142017.
AGENDA ITEM #8. m)
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Year Monthly Annually
2018 $10,563 $126,756
Hourly rates are based on 2,430 hours per year.
AGENDA ITEM #8. m)
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APPENDIX B: VACATION PRORATED SCHEDULE
B.1. Mid‐year New Hires. Employees hired mid‐year will use
vacation based on the following schedule:
Calendar Yr.
in Service
Hrs/Shift used
per year
Pre‐hire date
accrual/pp
Post‐hire date
accrual/pp
1 0 3
2 Prorate 3 4
3 Prorate 4 5
4 Prorate 5 6
5 Prorate 6 9
6 Prorate 9 9
7‐9 216 hrs/9 shifts 9 9
10 216 hrs/9 shifts 9 11
11 Prorated 11 11
12‐14 264 hrs/11 shifts 11 11
15 264 hrs/shifts 11 13
16 Prorated 13 13
17‐19 312 hrs/13 shifts 13 13
20 312 hrs/13 shifts 13 14
21 Prorated 14 14
21+ 336 hrs/14 shifts 14 14
Mid‐year hires start accruing three (3) hours per pay period from
the starting date. For the first five (5) years, on the anniversary
date, the accrual will be raised to the next level. Therefore, each of
those years the number of shifts taken will be based on what had
accrued the prior year. The employee would plot full 24‐hour shifts,
AGENDA ITEM #8. m)
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and be paid out at the straight time rate for the odd hours
remaining. In earning the prior year what they use the following
year, they would earn odd hours in the year of the 5th, 10th, 15th,
and 20th year anniversary, and use what they accrued the prior
year. The odd hours would be affecting the vacation plotted the
year following their anniversary.
B.2. Mid‐year Retirement/Termination. Based on the date of
retirement/termination, the number of vacation hours unused for
the current year, plus the number of hours accrued in the current
year would be paid out to the employee.
AGENDA ITEM #8. m)
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INDEX
A
accrued sick leave ........................... 31
Administration, Community Risk
Reduction, and Safety & Support
Sections ........................................ 22
Appendix A
Salaries ......................................... 46
Appendix B
Vacation Prorated Schedule ........ 47
arbitration ....................................... 42
Association .................................... 5, 6
B
bargaining representative ................. 4
Bereavement Leave ........................ 39
bona fide religious tenets ................. 4
budget ............................................. 11
C
Callback ........................................... 16
Cash out .................................... 27, 28
Christmas .................................. 24, 25
City Council ......................... 11, 20, 24
City Officials’ Authority ................... 11
Civil Service ....................... 6, 8, 11, 12
Civil Service Commission ................... 8
COBRA ............................................. 21
combat challenge ............................ 15
Comp Time ...................................... 16
Consecutive Hours Worked ............ 22
Consolidated Omnibus Budget
Reconciliation Act ........................ 21
conversion factor ...................... 29, 37
Conversion Factor ........................... 25
D
Day Shift Differential ....................... 23
Deferred Compensation Contribution
..................................................... 14
Deferred Compensation‐Annual
Contribution ................................ 14
Deferred Compensation‐Combat
Challenge ..................................... 15
Deputy Chief ................................... 29
Disability ......................................... 15
Disability Leave – LEOFF II ............... 32
Disability Leave‐LEOFF I .................. 30
Disability Retirement‐LEOFF I ......... 30
discharge ..................................... 8, 10
Discharge ........................................ 11
disciplinary .................................... 7, 8
Disciplinary ..................................... 11
discipline ..................................... 7, 10
discrimination ................................... 7
double‐time .................................... 25
dropped in rank ................................ 9
due process ....................................... 7
Duration of Agreement ................... 43
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Duty‐Related Disability – LEOFF II ... 32
E
Education Incentive ........................ 13
Electronic Deposit ........................... 15
emergencies .............................. 11, 35
emergency ........................................ 5
Emergency Sick Leave ..................... 35
Employer harmless............................ 5
Employment Practices ...................... 6
employment process ........................ 8
Executive Leave ............................... 16
F
Fair Labor Standards Act ........... 22, 43
Fire Chief ....................... 11, 12, 23, 39
Fire Science ..................................... 13
Floating Holidays ............................. 24
FLSA ................................................. 22
Fourth of July .................................. 24
Funding Goal ................................... 17
funeral ....................................... 39, 40
funeral leave ................................... 39
G
grievance ................................... 41, 42
Grievance Committee ............... 41, 42
Grievance Procedure ...................... 41
Group Health ................................... 19
H
harassment ....................................... 7
health and wellness ........................ 21
Health and Wellness Program ........ 21
health insurance ............................... 6
Health Insurance ............................. 18
holiday ...................................... 24, 25
Holiday ...................................... 15, 16
Holiday Conversion ......................... 25
Holiday Scheduling .......................... 25
Holiday Sellback .............................. 25
holiday time off ............................... 25
holidays ......................... 23, 25, 29, 30
Hours of Work ................................. 22
I
Incidental Job Duties ....................... 10
income protection plan .................. 14
Insurance ........................................ 17
Insurance‐Group Health ................. 19
Insurance‐Health ............................ 18
Insurance‐Life ................................. 21
J
just cause ........................................ 10
Just Cause ....................................... 11
Just Cause Disciplinary Action ......... 10
K
Kelly ................................................ 30
Kelly Shift ........................................ 22
L
L & I ..................................... 32, 33, 34
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Labor Day ........................................ 24
laid off ............................................... 9
lay off 10, See personnel reduction, or
staff reduction
Layoff/Staff Reduction .................... 10
layoffs ................................................ 9
LEOFF ............................ 30, 35, 36, 37
LEOFF I ...................................... 30, 35
LEOFF II ............................... 35, 36, 37
Life Insurance .................................. 21
light duty ............................. 23, 32, 37
Light Duty ........................................ 26
Light Duty Eligibility ........................ 37
Longevity ......................................... 13
Longevity Salary Allowances ........... 13
lunch ......................................... 22, 23
M
Management rights ........................... 9
Management Rights ........................ 10
meeting ........................................... 16
membership ...................................... 4
Memorial Day ................................. 24
mid‐year ........................ 26, 29, 37, 47
Mid‐year .......................................... 47
Mid‐year Retirement ...................... 48
MLK Day .......................................... 23
N
negotiations ................................ 5, 43
Negotiations .................................... 13
Negotiations Release Time ............... 5
New Classification Salaries .............. 13
New Year’s Day ............................... 23
Non suppression overtime .............. 16
non‐association ................................. 4
Non‐Discrimination ........................... 8
Non‐Response Operations .............. 22
O
official representatives ..................... 4
OJI ................................................... 36
OJI Benefit – LEOFF II ...................... 33
one half ....................................... 9, 36
Ordinances ...................................... 11
overtime ....................... 10, 25, 30, 40
Overtime ......................................... 16
Overtime Equality Count System .... 17
overtime shifts ................................ 17
P
PAC .................................................... 6
PAC Programs Deductions ................ 6
Paydays ........................................... 15
PERC .................................................. 4
Performance of Duty ...................... 12
personnel files .............................. 6, 7
Personnel reductions ........................ 6
physical examination ........................ 9
Plan Changes ................................... 20
plan design changes ........................ 20
Plan Member .................................. 17
plot ................................ 24, 27, 28, 47
Preamble ........................................... 4
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premium ......................................... 20
premiums ........................ 6, 17, 19, 34
Premiums .................................. 17, 18
probationary ..................................... 9
Projected Costs ............................... 19
promotional examinations ................ 8
Public Employment Relations
Commission ................................... 4
public proclamation ........................ 24
Q
Quartermaster System .................... 41
R
Recognition ....................................... 4
REHBT ............................ 17, 18, 20, 21
REHP .................................... 17, 18, 20
Renton Employees’ Healthcare Board
of Trustees ............................. 17, 20
Renton Employees’ Healthcare Plan
..................................................... 17
Response Operations ................ 22, 36
Response Operations Section ......... 22
Rest Breaks ...................................... 23
retaliation ......................................... 7
Retention of Benefits ........................ 9
Rights and Responsibilities ................ 9
S
safety boots .................................... 40
salaries .............................................. 5
Salaries ...................................... 12, 13
Salary Allowances ........................... 13
Salary Differential ........................... 12
Savings Clause ................................. 43
sellback ........................................... 25
seniority ............................................ 8
seniority list ...................................... 8
Shift Exchange ................................. 23
Sick Bonus ....................................... 35
Sick Leave ........................................ 30
sick leave ‐ supplemental ................ 36
Sick Leave Accrual Rate – LEOFF I ... 30
Sick Leave Accrual Rate – LEOFF II .. 31
Sick Leave Bonus ............................. 35
Sick Leave Cash Out – LEOFF II ........ 31
Sick Leave Conversion ..................... 37
Sick Leave for Child Care ................. 35
Sick Leave for Family Medical
Emergency ................................... 35
Sick Leave Usage‐LEOFF I ................ 30
Sick Leave‐LEOFF II .......................... 31
SOP............................................ 29, 40
staff reductions ................................. 9
Standby ........................................... 14
Standby/Safety Officer Compensation
..................................................... 14
straight time ..... 16, 25, 27, 28, 29, 48
strike ............................................... 42
Strike ............................................... 12
Supervisory Responsibilities ............. 9
supplemental .................................. 31
suppression overtime ..................... 16
Suppression Overtime .................... 16
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surplus ............................................. 20
suspension ........................................ 7
T
Thanksgiving ............................. 24, 25
Third Party Administrator ............... 33
TPA ............................................ 33, 34
training ........................................ 9, 16
trust fund .......................................... 5
U
uniform allowance .......................... 40
Uniform Allowance ......................... 40
Uniform Allowance‐Repayment ...... 41
Uniform Inspections ........................ 41
uniforms .......................................... 40
Union Dues Deductions..................... 5
union membership ............................ 4
Union Membership ........................... 4
Union‐Directed Trust Fund ............... 5
V
Vacation – Unused Plotted ............. 28
Vacation Accrual Rate ..................... 28
Vacation Conversion ....................... 29
Vacation for Mid‐Year New Hires ... 47
Vacation for New Hires ................... 26
Vacation Plotting/Scheduling ......... 27
Vacation Scheduling ........................ 30
Veteran’s Day .................................. 24
vote ................................................. 20
Voting ............................................. 20
W
Work Hold‐Over .............................. 16
work schedules ............................... 40
Workdays ........................................ 22
working conditions ........................... 4
Working Out of Classification ......... 23
Written warnings .............................. 7
AGENDA ITEM #8. m)
AB - 1716
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Cost Reimbursement Agreement
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Jeff Eddy, Commander
EXT.: 7512
FISCAL IMPACT SUMMARY:
The Renton Police Department will be reimbursed up to $27,606.14 in overtime funds.
SUMMARY OF ACTION:
The proposed agreement would allow the Renton Police Department to receive funds from, and work with,
the King County Sheriff's Office for the purpose of verifying the address and residency of registered sex and
kidnapping offenders. The goal of this verification is to improve public safety by establishing a greater
presence and emphasis by the Renton Police Department in King County neighborhoods. The Detectives work
overtime doing this, and then the Police Department submits the overtime to the KCSO for r eimbursement
under this grant.
EXHIBITS:
A. Cost Reimbursement Agreement
STAFF RECOMMENDATION:
Authorize the Mayor to sign the Cost Reimbursement Agreement
AGENDA ITEM #8. n)
Cost ReimbursementAgreement
Executed By
King County Sheriff’s Office,a department of
King County,hereinafter referred to as “KCSO,”
Department Authorized Representative:
John Urquhart,Sheriff
King County Sheriff’s Of?ce
W-150 King County Courthouse
516 Third Avenue
Seattle,WA 98104
and
Renton Police Department,a department of King County,hereinafter referred to as
“”Contractor,”
Department Authorized Representative:
Kevin Milosevich,Chief of Police
1055 South Grady Way
Renton,WA 98057
WHEREAS,KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders;and
WHEREAS,the goal of registered sex and kidnapping offender address and residency
veri?cation is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods;and
WHEREAS,as part of this coordinated effort,Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction,and
WHEREAS,KCSO is the recipient of a Washington State Registered Sex and
Kidnapping Offender Address and Residency Veri?cation Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose,and
WHEREAS,KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE,the parties hereto agree as follows:
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Veri?cation Program funding to reimburse for expenditures associated
AGENDA ITEM #8. n)
Cost Reimbursement Agreement
with the Contractor for the veri?cation of registered sex and kidnapping offender address
and residency as set forth below.This Interagency Agreement contains eight (8)Articles:
ARTICLE I.TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1,2016
and shall end on June 30,2017 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE II.DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing the Contractor for participation in
the Registered Sex and Kidnapping Offender Address and Residency Veri?cation
Program.The program’s purpose is to verify the address and residency of all
registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to—faceveri?cation of a registered sex
and kidnapping offender’s address at the place of residency.In the case of
0 level I offenders,once every twelve months.
0 of level II offenders,once every six months.
0 of level III offenders,once every three months.
For the purposes of this program unclassi?ed offenders and kidnapping offenders
shall be considered at risk level I,unless in the opinion of the local jurisdiction a
higher classi?cation is in the interest of public safety.
ARTICLE III.REPORTING
Two reports are required in order to receive reimbursement for grant-related
expenditures.Both forms are included as exhibits to this agreement.“Exhibit A”is
the Offender Watch generated “Advanced Veri?cation Request Report”that the sex
or kidnapping offender completes and signs during a face-to—facecontact.“Exhibit
B”is an “Of?cer Contact Worksheet”completed in ?1ll by an of?cer/detective during
each veri?cation contact.Both exhibits representing each contact are due quarterly
and must be complete and received before reimbursementcan be made following
the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter.The ?rst report is due October 5,2016.
Quarterly progress reports shall be delivered to
Attn:Tina Keller,Project Manager
King County Sheriffs Office
500 Fourth Avenue,Suite 200
M/S ADM-SO-0200
Seattle,WA 98104
Page 2 of5 June 17,2016
AGENDA ITEM #8. n)
Cost ReimbursementAgreement
Phone:206-263-2122
Email:tina.keller@kingcounty.gov
ARTICLE IV.REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and shall be forwarded
to KCSO by the 10”‘of the month following the billing period.
Overtime reimbursements for personnel assigned to the Registered Sex and
Kidnapping Offender Address and Residency Veri?cation Program will be calculated
at the usual rate for which the individual’s time would be compensated in the absence
of this agreement.
Bach request for reimbursement will include the name,rank,overtime compensation
rate,number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought.Each reimbursement request must be
accompanied by a certi?cation signed by an appropriate supervisor of the department
that the request has been personally reviewed,that the information described in the
request is accurate,and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Veri?cation Program.
A
Overtime and all other expenditures under this Agreement are restricted to the
following criteria:
1.For the purpose of verifying the address and residency of registered sex
and kidnapping offenders;and
2.For the goal of improvingpublic safety by establishing a greater presence
and emphasis in King County neighborhoods;and
3.For increasing immediate and direct contact with registered sex and
kidnapping offenders in their jurisdiction
Any non-overtime related expenditures must be pre—approvedby KCSO.Your
request for pre-approval must include:1)The item you would like to purchase,
2)The purpose of the item,3)The cost of the item you would like to purchase.You
may send this request for pre-approval in email format.Requests for reimbursement
from KCSO for the above non-overtimeexpenditures must be accompanied by a
spreadsheet detailing the expenditures as well as a vendor’s invoice and a packing
slip.The packing slip must be signed by an authorized representative of the
Contractor.
All costs must be included in the request for reimbursement and be within the overall
contract amount.Over expenditures for any reason,including additional cost of sales
tax,shipping,or installation,will be the responsibility of the Contractor.
Page 3 of5 June 17,2016
AGENDA ITEM #8. n)
Cost ReimbursementAgreement
Requests for reimbursement must be sent to
Attn:Tina Keller,Project Manager
King County Sheriffs Of?ce
500 Fourth Avenue,Suite 200
M/S ADM-SO-0200
Seattle,WA 98104
Phone:206-263-2122
Email:tina.kel1er@kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Twenty Seven Thousand Six Hundred and Six Dollars and Fourteen Cents
($27,606.14).Expenditures exceeding the maximum amount shall be the
responsibilityof Contractor.All requests for reimbursementmust be received by
KCSO by July 31,2017 to be payable.
ARTICLE V.WITNESS STATEMENTS
"Exhibit C”is a “Sex/Kidnapping Offender Address and Residency Veri?cation
Program Witness Statement Form.”This form is to be completedby any witnesses
encountered during a contact when the offender is suspected of n_ot living at the
registered address and there is a resulting felony “Failure to Register as a Sex
Offender”case to be referred/?led with the KCPAO.Unless,due to extenuating
circumstances the witness is incapable of writing out their own statement,the
contacting of?cer/detective will have the witness write and sign the statement in their
own handwriting to contain,verbatim,the information on the witness form.
ARTICLE VI.FILING NON-DISCOVERABLE FACE SHEET
“Exhibit D”is the “Filing Non-DiscoverableFace Sheet.”This form shall be
attached to each “Felony Failure to Register as a Sex Offender”case that is referred
to the King County Prosecuting Attomey’s Of?ce.
ARTICLE VII.SUPPLEMENTING,NOT SUPPLANTING
Funds may not be used to supplant (replace)existing local,state,or Bureau of Indian
Affairs ftmds that would be spent for identical purposes in the absence of the grant.
Overtime -To meet this grant condition,you must ensure that:
0 Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget.Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
0 Additionally,by the conditions of this grant,you are required to track all
overtime funded through the grant
Page 4 of5 June 17,2016
AGENDA ITEM #8. n)
CostReimbursementAgreement
ARTICLE VII.AMENDMENTS
No modi?cationor amendmentof the provisionshereofshallbe effectiveunless in
writingand signedby authorizedrepresentativesof the partieshereto.The parties
heretoexpresslyreserve the right to modify thisAgreement,by mutual agreement
H\IWITNESSWI-IEREOF,the partieshave executedthisAgreementby having their
representatives af?x their signatures below.
City of Renton KING COUNTY SHERlFF’S
Renton Police Department OFFICE
Denis Law,Mayor John Urquhart,Sheriff
Date Date
Attest:
Jason Seth,City Clerk
Date
City Attorney,City of Renton
Date
Page 5 05 June 17,2016
AGENDA ITEM #8. n)
EX!-||b|T A
Page:1
Ver1?cat1onRequest _
Agency:KingCounty WA Sheriffs Oflice Administrator:KingCounty Sheriffs Office Rscphone;(206)263-2120
'
Date;6/16/2016
Offender Information Offender Photo
Name test.test Registration #2353765
P08 '
SSN
'
DOB 01/01/1990 Age 26 Alt Reg at
Sex.Qrlent Drv.LlcJState 0
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R399 Nat.No Selection FBI in '~g;-,
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LOOKHEREFOR OFFICERSAFETY INFORMATION 5 .
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Name Address Supervlsor Phone
Residence
street
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(Bold -Primary Contact Num hers);3C3|’5/T 311008
Type ‘,De§‘c?';;_t_lon Location
Vehicle
Make 'Model COITIITIBIIISLicenseStateVIN
Offense
Date RS Codelbescrlptlon‘Convicted Released Case #Crime Details
I do hereby attest.under penalties of perjury,that any and all information contained here is
current and accurate on this day of 20
Offender Signature:
OfficerSignature:'Date:
Produced by OllenderVVatch-www.watchsyslems.com
AGENDA ITEM #8. n)
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EXHIBIT C
Date Agency/Of?cer Incident number
Witness Statement —Failure to Register
Suspect’s Name:
Suspect’s Last Registered Address:
Witness’Name:
Witness’s Home Address:
.Witness’Home Phone Number Cell:Other:
How do they know the suspect (please be as detailed as possible)?
*If suspect rented an apartment or a room from the witness,please have them provide a copy of
any documentations to this effect and any documentationsthe suspect moved out.
Did the witness ever see the suspect at his/her last registered address?
How often would they see him/her there?
Whendid the witness start seeing him/her there?
When did they stop?
Why did the suspect stop staying at the address?
Did the suspect keep any personal belongings there?
In general,when is the last time they saw the suspect?
Do they know where the suspect moved to or their current whereabouts?
Can they provide the names and contact infonnation of any other witnesses who would have seen
the suspect staying at his/her last registered address?
Is the witness willing to assist in prosecution?
Under penalty of perjury of the laws of the State of Washington,I certify that the foregoing is
true and correct.
Witness’Signature date
AGENDA ITEM #8. n)
EXHIBITD
WASPC GRANT FILING
NON-DISCOVERABLE
T0:KCPAO —Special Assault Unit —Seattle DATE:.
FROM:
I
INCIDENT#:
AGENCY:
SUSPECT #1:
sex:Mm FD.WGT=
SUSP #1 ADDRESS:
A
CHARGE:Failure to Register as a Sex Offender DATE OF CRIME:
v'<=T'M#2=
INTERVIEWEDBY:NO ONE DPA NAME:‘
TYPE OF CASE:FTR -Failure To Register OTHER TYPE;*
THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS
DFILINGOF CHARGES:-Comments:
[I DECLINE:-Comments:‘
WASPC STATISTICAL REPORTING TO KCSO
CaseReferral Received by KCPAO on this date:-
Case filed by KCPAO:YES I]NO I:l
Cause NumberAssigned:
If no,please indicate why:
Other Explanation:
VICTIM#1;State ofwashington
S
.
'
AGENDA ITEM #8. n)
AB - 1710
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Request for Approval to Lease Acyclica Products for the Use of
Bluetooth™ and Wi-Fi™ Technology to Collect Travel Time and
Origin/Destination Data
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Chris Barnes, Transportation Operations Manager
EXT.: 7220
FISCAL IMPACT SUMMARY:
The initial and annual costs of this product will be funded by the Public Works Transportation Capital
Investment Fund, Intelligence Transportation System Program. The total project budget for the Intelligence
Transportation System Program is $44,224.78. To lease Acyclica products, the initial expenditure required is in
the amount of $10,400 and will require an ongoing yearly maintenance expenditure in the amount of $5,000.
SUMMARY OF ACTION:
During the February City Council Retreat, the Public Works Transportation Systems Division outlined the
potential use of Bluetooth™ and Wi-Fi™ equipment to gather data including vehicle traffic counts, speed
surveys, travel time, turning movement counts and determining the percentage of pass-thru traffic in key
corridors. The City Council directed staff to obtain more detailed information concerning the initial and
annual costs of using Bluetooth™ and Wi-Fi™ technology.
The results of this investigation are outlined in the attached staff report provided by Chris Barnes,
Transportation Operations Manager. The conclusion is that for an initial expenditure of $10,400 and an
ongoing expenditure of $5,000 each year thereafter, the Public Works Transportation Systems Division can
equip 6 major corridors with the antennas necessary to collect the data. Additionally, it will require 4 hours of
staff time when the equipment is moved between corridors. Initially, we anticipate moving the equipment
every 2 weeks to estimate a baseline of traffic information for each corridor.
The initial and annual costs to lease Acyclica products will be paid from the Public Works Transportation
Capital Investment Fund, Intelligence Transportation System Program (317.122162.016.5 95.11.63.000). The
attached staff report outlines this expenditure.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to lease Acyclica Products for the use of Bluetooth™ and Wi -Fi™
technology to collect travel time and origin/destination data with a required initial expenditure of $10,400 and
annual maintenance expenditure of $5,000.
AGENDA ITEM #8. o)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 30, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Public Works Administrator
STAFF CONTACT:Chris Barnes, Transportation Operations Manager, ext 7220
SUBJECT:Applicability of Bluetooth™ and Wi-Fi™ Technology
ISSUE:
Should Council authorize the Public Works Transportation Systems Division to lease
Acyclica products for use of Bluetooth™ and Wi-Fi™ technology for traffic counts,
performing vehicle speed surveys, collecting corridor travel time data, performing
origin-destination studies and collecting turning movement counts?
RECOMMENDATION:
Authorize the Public Works Transportation Systems Division to lease Acyclica products
for use of Bluetooth™ and Wi-Fi™ technology for traffic counts, performing vehicle
speed surveys, collecting corridor travel time data, performing origin-destination studies
and collecting turning movement counts This data will provide the Transportation
Operations Section the best data to update the City’s arterial Synchro traffic signal
timing analysis program to retime corridor signals once per year. The City should
continue doing turning movement counts, 24-hour traffic volume counts and speed
studies with a contractor or by City staff using traditional equipment.
BACKGROUND:
Accurate and reliable traffic data information is very important for the efficient
management of our roadway network, reducing congestion and reducing travel time.
The information can also be useful for measuring performance related to traffic
volumes, vehicle speeds and performing origin-destination studies.
AGENDA ITEM #8. o)
Randy Corman, Council President
Members of Renton City Council
Page 2 of 8
June 30, 2016
Bluetooth™ is a wireless technology that allows personal computers, lap tops, cell
phones and other electronic devices to communicate with each other and to transfer
information from one device to another. It uses radio waves and is designed to be a
secure and inexpensive way of connecting and exchanging information between
wireless devices1. Bluetooth™ technology obtains data from Bluetooth™ devices (cell
phones, GPS navigation devices, etc.) using media access control (MAC) address
matching. This method records the MAC address of a device passing one location and
notes the time difference when the same MAC address passing a different location. The
device has to be in discoverable mode to be able to detect the information.
Wi-Fi™ uses a similar approach. When using Wi-Fi™ one can typically capture a larger
sample size since most cellphones have Wi-Fi™ signals that remain activated by users.
Bluetooth™ technology typically has a match rate of 5% of vehicles in a corridor, while
the match rate of data for Wi-Fi™ technology is 35%-45%.
Wide ranges of travel time data collection technology, including Bluetooth™ and Wi-Fi™
technology, have been introduced over the last decade. Table 1 shows a comparison of
some of the travel time data collection technology that is used by other agencies in our
region. Wi-Fi™ and/or Bluetooth™ technology have the capability of collecting data that
can be used to calculate corridor travel times and origin-destination of vehicles.
Using Bluetooth™ or Wi-Fi™ technology for turning movement counts and two-way
traffic counts is not as accurate as current methods.
TABLE 1 – Comparison of Travel Time Data Technology
Blue Mac
(Digiwest)
Blue Toad
(Traffic-Cast)
BlipTrack/
BlipSystem
(Blip System)
Acyclica
Iteris Vantage
Velocity
(Iteris)
Detection
Technology
Bluetooth™
only
Bluetooth™
only
Bluetooth™ &
Wi-Fi™
Bluetooth™
& Wi-Fi™Bluetooth™ only
Mounting
Type Pole Mounted Pole Mounted Pole Mounted Pole
Mounted
Mounted within
Cabinet (Antenna
on Top)
Data
Connection
Method
Cellular
modem 3G Modem 3G Modem 3G Modem Ethernet
Power
Options
Battery/
Solar/
Wired
Battery/
Solar/
Wired
Wired Wired Wired
AGENDA ITEM #8. o)
Randy Corman, Council President
Members of Renton City Council
Page 3 of 8
June 30, 2016
Travel Time Comparison:
The City recently installed a demonstration version of a Bluetooth™ and Wi-Fi™ system
from Acyclica. The system was installed in the NE 4th Street Corridor from Hoquiam
Avenue NE to Union Avenue NE.
A travel time study was performed in the morning peak period using the floating car
method. The floating car method uses a vehicle that travels in the platoon of moving
vehicles at the average speed of the platoon. Generally, the test vehicle will pass a
vehicle for every vehicle that passes it. The test vehicle driver will attempt to vary the
time of day at which the vehicle enters the traffic stream at the beginning of a segment
so as not to follow a platoon that is progressing well or one having to stop at most red
signals. Once data was collected using the floating car method, we then compared the
data with the travel time data collected by the Acyclica system.
The floating car method was a 1-day study, whereas the Acyclica data was collected
over a 5-day study. The Acyclica data is believed to be a better representation of what
is happening in the corridor than the manual data. We used the travel time from
Hoquiam Avenue NE to Union Avenue NE (westbound) on NE 4th Street for the
comparison with the results shown in Table 2.
TABLE 2 – Travel Time Comparison
Floating Car Method Acyclica Product
Time from Hoquiam Avenue NE to
Union Avenue NE 77 sec 103 sec
AGENDA ITEM #8. o)
Randy Corman, Council President
Members of Renton City Council
Page 4 of 8
June 30, 2016
TABLE 3 – Cost Comparison for Travel Time Study of 6 Corridors
Study
Methods Details for Study Setups Cost Cost per
Year
Cost per
Quarter
Data Collection: 3 hours for 2 people per
corridor to drive and manually collect data $5,400Floating Car
method Data Process & Analyze: 4 hours to process
data and analysis per corridor (one person)$2,880
$8,280 $33,120
Hardware and software lease/year $5,000Using
Acyclica
Hardware &
Software
Signal technician cost for installation and
removal of equipment from signal cabinet or
pole. Analysis is performed by the Acyclica
software
$3,600
$8,600 $19,400
Product purchase cost/year $14,325
Blip System
(Hardwire)Signal Technician cost for installation &
removal from signal cabinet or pole with
analysis done by program
$3,600
$17,925 $28,725
Product purchase cost /year $4,655Blip System
(Solar
powered
System)
Signal Technician cost for installation &
removal from signal cabinet or pole with
analysis done by program
$3,600
$26,875 $37,675
Table 3 shows a cost comparison between different systems and our in-house floating
car method. We have compared the cost for yearly and quarterly data collection. The
cost of using the floating car method and Acyclica system are very comparable if you are
performing the study in one corridor once per year. If we collect travel time data on a
quarterly basis, or if we increase the number of corridors we evaluate, the Acyclica costs
less than the floating car method.
There are two items to be considered:
1.Do we need to collect quarterly travel time data?
2.If collected, do we have the necessary resources to use the data?
Ideally, travel time data collection studies should be performed once per year in each
corridor. The data would be used to update the City Synchro traffic level-of-service
model and modify the signal timing based on the data gathered. Since 2014 we have
been able to complete only one corridor travel time analysis.
AGENDA ITEM #8. o)
Randy Corman, Council President
Members of Renton City Council
Page 5 of 8
June 30, 2016
TABLE 4 – Cost Comparison for Origin-Destination Study
Study Methods Details for Study
Setup Unit Cost
Units
required
for one
O-D
# of
Hours
Cost for
Origin-
Destinati
on Study
Origin-
Destination Study
From Consultant
Consultant 800 5 N/A $4,000
Acyclica/Blip
System Origin-
Destination Study
Signal technician
cost for installation
& removal from
signal cabinet or
pole
Assuming $60 per
hour per signal
technician
5 10 $600*
*This cost is additional to the cost of products
Table 4 shows the cost associated to do an origin-destination study. If Acyclica or Blip
Systems are used, the only additional cost would be the signal technician time since we
will already have the units available.
TABLE 5 – Cost Comparison for Travel Time & Origin-Destination Study Once per Year
Study Methods Total Cost per Year
Travel Time Study (in-house) &
O-D Study (Contractor)$12,280
Using Acyclica
(Travel Time & Origin- Destination Study)$9,200
Using Blip System (Hardwired)
(Travel Time & Origin- Destination Study)$18,525
Using Blip System (Solar)
(Travel Time & Origin- Destination Study)$27,475
Table 5 shows a comparison of doing a combination of a travel time study and origin-
destination study once a year. The total cost for Acyclica is less per year if we combine
travel time and origin-destination study.
AGENDA ITEM #8. o)
Randy Corman, Council President
Members of Renton City Council
Page 6 of 8
June 30, 2016
Advantages and Disadvantages:
The following advantages and disadvantages of using the Acyclica system travel times
and origin-destination studies:
Advantages:
Equipment and software can be
used for both travel time and
origin-destination studies.
Provides better average results
than the manual methods
because data can be collected
over a longer period of time at
no additional cost.
Data collection will allow traffic
signal timing of major corridors
throughout the city to be
updated on a regular basis.
Costs less than the combined
data collection for travel time
and origin-destination studies
using the manual method.
Does not require engineering
staff time to collect and analyze
the data.
Disadvantages:
Requires nearby power source
and needs to be at or near the
intersection.
Devices will need to be pole
mounted or installed in a signal
cabinet.
Attachment:BLIP Systems Bluetooth™ & Wi-Fi Technology Facts Sheet
cc:Eric Cutshall, Transportation Maintenance Assistant Manager
Heather Ulit, Transportation Administrative Secretary I
AGENDA ITEM #8. o)
APPENDICES
TABLE 6 – Detail Cost Estimate
STUDY METHODS DETAILS FOR STUDY
SETUPS UNIT COST
N OF
PE
R
S
O
N
OR
UN
I
T
S
# OF
HO
U
R
S
# OF
MA
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R
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CO
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S
#O
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CO
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T
PE
R
HO
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EN
G
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E
R
COST
YEARLY
TOTAL COST
OF TRAVEL
TIME
QUARTERLY
COST OF
TRAVEL
TIME
Data Collection: 3 hours
for 2 persons per corridor
per peak period
Assuming $60/hour
for 1 Engineer and
$15/hour for 1 intern
2 3 6 2 $75 $5,400Floating Car Method for
travel time in 6 corridors
(5 intersections per
corridor for two peak
hours)
Process Data & Analysis:
4 hours to process data
and analysis (one person)
Assuming $75/hour
for Engineer 1 4 6 2 $60 $2,880
$8,280 $3,120
Product lease cost/year $1,000 5 --1 --$5,000
Acyclica Travel Time Signal Technician cost for
installation & removal
from signal cabinet or
pole
Assuming $60/hr. for
1 Signal Technician 1 10 6 --$60 $3,600
$8,600 $19,400
Product lease cost/year $2,865 5 --1 --$14,325
Blip System with Wi-Fi &
Bluetooth™ Sensor
(Hardwired)
Signal Technician cost for
installation & removal
from signal cabinet or
pole
Assuming $60/hr. for
1 Signal Technician 1 10 6 --$60 $3,600
$17,925 $28,725
Product Lease Cost /year $4,655 5 --1 --$23,275Blip System with Wi-Fi &
Bluetooth™ Sensor
(Solar System)Signal Technician cost for
installation & removal
from signal cabinet or
pole
Assuming $60/hr. for
1 Signal Technician 1 10 6 --$60 $3,600
$26,875 $37,675
A
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M
#
8
.
o
)
REFERENCES
1 http://www.eltis.org/sites/eltis/files/case-studies/documents/bliptrack_Wi-Fi™_tech_factsheet.pdf
AGENDA ITEM #8. o)
AB - 1712
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Airport Lease Extensions with Kaynan, Inc.
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Jonathan Wilson, Airport Manager
EXT.: 7477
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Kaynan, Inc. (Kaynan) has two long-term leases for property located at the southeast corner of the Airport.
LAG 003-84 was executed on September 1, 1984 and has a termination date of August 31, 2016. LAG 011-85
was executed on July 1, 1985 and has a termination date of July 14, 2016.
The southeast corner will be ready for redevelopment once the Airport’s Master Plan update is complete. At
origination, the Master Plan update was expected to be completed by June 2016. In the past several months,
the schedule has been revised and the Master Plan is now expected to be completed in June 2017. Since the
Master Plan will determine how the southeast corner ultimately gets redeveloped, Airport staff has been
consulting with City staff on temporarily extending Ka ynan’s existing lease.
In addition to the Master Plan, Airport staff is working on getting an appraisal completed for the buildings
located on Kaynan’s leased area. This appraisal is expected to be complete by late August or early September
and will provide the data necessary to create a month-to-month lease not to exceed 3 years. This month-to-
month lease will fill the gap until the Master Plan is complete and the southeast corner can be redeveloped.
Since the existing leases will expire before the new month-to-month lease is created, Airport staff is
requesting an extension of Kaynan’s leases to October 31, 2016. This will provide enough time to get the
appraisal complete, the new month-to-month lease created and all documents through the City’s review and
approval process.
EXHIBITS:
A. Issue Paper
B. Addendum 10-16 to LAG 011-85
C. Addendum 15-16 to LAG 003-84
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum 10-16 to LAG 011-85 and Addendum 15-16 to LAG
003-84 for the Airport lease extensions with Kaynan, Inc.
AGENDA ITEM #8. p)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 30, 2016
TO:Randy Corman, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Public Works Administrator
STAFF CONTACT:Jonathan Wilson, Airport Manager, ext 7477
SUBJECT:Airport Lease Extensions with Kaynan, Inc.
ISSUE:
Should Council authorize the Mayor and City Clerk to execute Addendum 10-16 to LAG
011-85 and Addendum 15-16 to LAG 003-84 for the Airport lease extensions with
Kaynan, Inc.?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Addendum 10-16 to LAG 011-85 and
Addendum 15-16 to LAG 003-84 for the Airport lease extensions with Kaynan, Inc.
BACKGROUND:
Kaynan, Inc. (Kaynan) has two long-term leases for property located at the southeast
corner of the Airport. LAG 003-84 was executed on September 1, 1984 and has a
termination date of August 31, 2016. LAG 011-85 was executed on July 1, 1985 and has
a termination date of July 14, 2016.
Kaynan has asked to remain on the Airport past the expiration date of their current
leases. Since the Airport is in the process of completing its Master Plan update, no
immediate redevelopment plans are ready for the parcel of land Kaynan is occupying.
At origination, the Master Plan update was expected to be completed by June 2016. In
the past several months, the schedule has been revised and the Master Plan is now
expected to be completed in June 2017. The Master Plan will help Airport staff
determine how to properly redevelop the southeast corner for the next long-term
tenant(s).
AGENDA ITEM #8. p)
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
June 30, 2016
Since the Master Plan’s completion has been delayed, Airport staff has been working
with Kaynan to temporarily extend their tenancy. Airport staff expects the southeast
corner will be ready for redevelopment within 3 years and is therefore looking to extend
Kaynan’s tenancy on a month-to-month basis for not longer than 3 years to fill that gap.
To help create this month-to-month lease, the Airport has competitively selected an
appraisal company to value the buildings currently located on Kaynan’s leased parcel.
This appraisal process is taking longer than expected, but should be complete by late
August or early September. Once completed the month-to-month lease can be created
with the data from the appraisal.
Since the existing leases will expire before the new month-to-month lease is created,
Airport staff is requesting a temporary extension of Kaynan’s leases to
October 31, 2016. This will provide enough time to get the appraisal complete, the new
month-to-month lease created and all documents through the City’s review and
approval process.
AGENDA ITEM #8. p)
LAG 011-85
Addendum 10-16
Lease Agreement LAG 011-85 1
City of Renton to Kaynan, Inc.
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Kaynan, Inc.)
THIS ADDENDUM to Lease Agreement LAG 011-85 is effective as of July 13,
2016.
RECITALS:
WHEREAS, Kaynan, Inc. has a Lease Agreement with the City of Renton, LAG 011-
85, executed on July 1, 1985; and
WHEREAS, Section 1 of LAG 011-85 identifies the Lease term expiration date as
July 14, 2006; and
WHEREAS, Section 23 of LAG 011-85 identified an option to extend the initial
term of the lease by an ten (10) years; and
WHEREAS, at Kaynan’s request, the City of Renton granted the ten (10) year
Lease extension via Addendum 04-99 to LAG 011-85 on August 9, 1999; and
WHEREAS, LAG 011-85 now terminates on July 14, 2016; and
WHEREAS, Kaynan has requested a temporary extension their occupancy of the
premises beyond July 14, 2016; and
WHEREAS, the City of Renton agrees to this temporary extension of Kaynan’s
Lease beyond July 14, 2016.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE
CITY OF RENTON AND KAYNAN, INC. AS FOLLOWS:
WITNESSETH:
1.The Lessor and Lessee do hereby agree that the lease term expiration date of July
14, 2016, is extended until October 31, 2016.
2.All other terms and conditions of the original Lease Agreement and Addenda
thereto, insofar as they are not inconsistent herewith, shall remain in full force and
effect.
AGENDA ITEM #8. p)
LAG 011-85
Addendum 10-16
Lease Agreement LAG 011-85 2
City of Renton to Kaynan, Inc.
KAYNAN, INC. CITY OF RENTON
a Washington Corporation a Municipal Corporation
___________________________________________________
Denis Law, Mayor
________________________
Title Jason Seth, City Clerk
____________________
Date
Approved as to legal form
____________________
City Attorney
AGENDA ITEM #8. p)
LAG 003-84
Addendum 15-16
Lease Agreement LAG 011-85 1
City of Renton to Kaynan, Inc.
ADDENDUM TO LEASE AGREEMENT
(City of Renton to Kaynan, Inc.)
THIS ADDENDUM to Lease Agreement LAG 011-85 is effective as of July 13,
2016.
RECITALS:
WHEREAS, Kaynan, Inc. has a Lease Agreement with the City of Renton, LAG 003-
84, executed on September 1, 1984; and
WHEREAS, Section 1 of LAG 003-84 identifies the Lease termination date as
August 31, 2006; and
WHEREAS, Section 23 of LAG 003-84 identified an option to extend the initial
term of the lease by ten (10) years; and
WHEREAS, at Kaynan’s request, the City of Renton granted the ten (10) year
Lease extension via Addendum 12-07 to LAG 003-84 on February 28, 2007; and
WHEREAS, LAG 003-84 now terminates on August 31, 2016; and
WHEREAS, Kaynan has requested a temporary extension their occupancy of the
premises beyond August 31, 2016; and
WHEREAS, the City of Renton agrees to this temporary extension of Kaynan’s
Lease beyond August 31, 2016.
NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE
CITY OF RENTON AND KAYNAN, INC. AS FOLLOWS:
WITNESSETH:
1.The Lessor and Lessee do hereby agree that the lease term expiration date of
August 31, 2016, is extended until October 31, 2016.
2.All other terms and conditions of the original Lease Agreement and Addenda
thereto, insofar as they are not inconsistent herewith, shall remain in full force and
effect.
AGENDA ITEM #8. p)
LAG 003-84
Addendum 15-16
Lease Agreement LAG 011-85 2
City of Renton to Kaynan, Inc.
KAYNAN, INC. CITY OF RENTON
a Washington Corporation a Municipal Corporation
___________________________________________________
Denis Law, Mayor
________________________
Title Jason Seth, City Clerk
____________________
Date
Approved as to legal form
____________________
City Attorney
AGENDA ITEM #8. p)
AB - 1714
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Water Quality Combined Financial Assistance – Ecology Grant
Agreement WQC-2016-Renton-00129 for the Harrington Avenue NE
Green Connections Stormwater Retrofit Project Phase 2
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The approved 2016 Capital Improvement Program budget for the Harrington Avenue NE Green Connections
Stormwater Retrofit Project Phase 2 (427.475500) has a budget of $900,000, which includes the Washington
State Department of Ecology grant in the amount of $675,000 (75%) and a City match in the amount of
$225,000 (25%). The final funding amount provided by the grant will be based on the actual total eligible
project costs, which will be determined at the completion of the project.
SUMMARY OF ACTION:
The Surface Water Utility is requesting approval of the Washington State Department of Ecology FY 2016
Water Quality Combined Financial Assistance – Grant Agreement WQC-2016-Renton-00129 (Ecology Grant) to
allow the City to accept grant funding of up to $675,000 to finalize design and construction of the Harrin gton
Avenue NE Green Connections Stormwater Retrofit Project – Phase II. The project will provide enhanced basic
water quality treatment along Harrington Avenue NE between NE 8th Place and NE 7th Street.
The project’s total eligible estimated cost including grant management, final design, environmental review,
construction management and construction is $900,000, of which $675,000 (75%) will be funded by the
Ecology Grant and $225,000 (25%) will be matched by the City. All project work and grant close -out must be
completed by June 30, 2018.
EXHIBITS:
A. Issue Paper
B. Grant Agreement
STAFF RECOMMENDATION:
Execute the Washington State Department of Ecology FY 2016 Water Quality Combined Financial Assistance –
Grant Agreement WQC-2016-Renton-00129 to accept up to $675,000 in grant funds for design and
construction of the Harrington Avenue NE Green Connections Stormwater Retrofit Project – Phase II.
AGENDA ITEM #8. q)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 27, 2016
TO:Randy Corman, Councilmember
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, PW Administrator
STAFF CONTACT:Ron Straka, Surface Water Utility Engineering Manager,
ext. 7248
SUBJECT:Water Quality Combined Financial Assistance – Ecology Grant
Agreement WQC-2016-Renton-00129 for the Harrington
Avenue NE Green Connections Stormwater Retrofit Project
Phase 2
ISSUE:
Should Council authorize the Mayor and City Clerk to execute the Washington State
Department of Ecology FY 2016 Water Quality Combined Financial Assistance – Grant
Agreement WQC-2016-Renton-00129 to accept up to $675,000 in grant funds for design
and construction of the Harrington Avenue NE Green Connections Stormwater Retrofit
Project – Phase II?
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Washington State Department of
Ecology FY 2016 Water Quality Combined Financial Assistance – Grant Agreement WQC-
2016-Renton-00129 to accept up to $675,000 in grant funds for design and construction
of the Harrington Avenue NE Green Connections Stormwater Retrofit Project – Phase II.
BACKGROUND SUMMARY:
On July 7, 2015 the City was offered up to $675,000 from the Washington State
Department of Ecology (Ecology) to be used for the Harrington Avenue NE Green
Connections Stormwater Retrofit Project – Phase II from NE 8th Place to NE 7th Street as
part of the Fiscal Year 2016 Water Quality Combined Financial Assistance Program.
Under this grant program, Ecology will provide 75% of the total eligible project costs and
the City will match the remaining 25%. The project’s total eligible estimated cost
including grant management, final design, environmental review, construction
management and construction is $900,000, of which $675,000 (75%) will be funded by
the Ecology Grant and $225,000 (25%) will be matched by the City. The project fund
AGENDA ITEM #8. q)
Mr. Corman, Council President
Page 2 of 2
June 27, 2016
\KLad
(427.475500) includes the grant funding and the Surface Water Utility Capital
Improvement budget, which totals $900,000. The design is 95% complete and all
project work and grant close-out must be completed by June 30, 2018.
The Harrington Avenue NE Green Connections Stormwater Retrofit Project – Phase II
project will retrofit Harrington Avenue NE to integrate green connections (bioretention
stormwater facilities and porous concrete sidewalks) into the existing right-of-way to
provide enhanced basic water quality treatment and reduce the quantity of stormwater
runoff between NE 8th Place and NE 7th Street. The project was identified in the Sunset
Area Surface Water Master Plan developed as part of the approved Sunset Community
Planned Action EIS.
The existing right-of-way is fully developed with a school to the west and residential
properties to the east of the roadway along Harrington Avenue NE. The surface water
runoff from this portion of Harrington Avenue NE discharges into Johns Creek and
ultimately Lake Washington. The installation of stormwater facilities will reduce the
runoff quantity and remove pollutants to improve water quality in Johns Creek and Lake
Washington.
CONCLUSION:
The Council is requested to authorize the Mayor and City Clerk to execute a FY 2016
Water Quality Combined Financial Assistance – Ecology Grant Agreement WQC-2016-
Renton-00129 to accept up to $675,000 in grant funds for design and construction of
the Harrington Avenue NE Green Connections Stormwater Retrofit Project – Phase II.
cc:Lys Hornsby, Utility Systems Director
Kristina Lowthian, Surface Water Utility Engineer
AGENDA ITEM #8. q)
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A
G
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N
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A
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M
#
8
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St
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j
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Ti
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Ha
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Av
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/
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AG
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D
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M
#
8
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r
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t
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,
th
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I
P
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N
T
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b
m
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an
y
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)
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d
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pr
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to
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t
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e
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A
St
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s
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r
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1
6
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b
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d
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t
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r
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a
l
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t
y
fi
n
a
n
c
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l
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s
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s
t
a
n
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e
Pr
o
g
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a
m
or
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h
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r
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L
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a
p
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d
me
t
h
o
d
.
Ta
s
k
Go
a
l
St
a
t
e
m
e
n
t
:
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o
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c
t
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l
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be
co
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s
t
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d
in
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h
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L
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G
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c
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d
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n
s
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f
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s
.
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s
k
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p
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d
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c
o
m
e
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s
t
r
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c
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d
pr
o
j
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t
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pr
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qu
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l
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be
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s
in
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in
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k
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t
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.
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f
r
r
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(
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1
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p
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co
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do
c
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bi
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L
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wh
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up
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2
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p
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p
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3
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t
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4
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eq
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w
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d
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l
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G
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D
A
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#
8
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q
)
St
a
t
e
of
Wa
s
h
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t
o
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De
p
a
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t
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40
Ag
r
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e
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e
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t
No
:
WQ
C
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2
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2
9
Pr
o
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c
t
Ti
t
l
e
:
Ha
r
r
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g
t
o
n
Av
e
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Gr
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e
n
Co
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Pr
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p
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n
t
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m
e
:
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t
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SE
C
T
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N
1:
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F
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T
I
O
N
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Un
l
e
s
s
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h
e
r
w
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pr
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d
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th
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l
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v
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t
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me
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pu
r
p
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f
th
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r
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m
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n
t
:
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Ch
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me
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to
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s
co
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to
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an
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s
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c
o
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t
.
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d
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Re
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m
e
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”
me
a
n
s
th
e
ef
f
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i
t
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f
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l
i
g
a
t
i
o
n
s
,
o
r
(
v
)
e
a
r
n
i
n
g
s
o
r
p
r
o
c
e
e
d
s
(
A
)
f
r
o
m
a
n
y
i
n
v
e
s
t
m
e
n
t
s
i
n
a
t
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u
s
t
,
D
e
f
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o
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c
r
o
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f
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c
r
e
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d
t
o
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e
f
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a
s
e
o
r
r
e
f
u
n
d
U
t
i
l
i
t
y
o
b
l
i
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a
t
i
o
n
s
o
r
(
B
)
i
n
a
n
o
b
l
i
g
a
t
i
o
n
r
e
d
e
m
p
t
i
o
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f
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n
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o
r
a
c
c
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u
n
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o
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t
h
a
n
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o
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n
d
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m
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o
t
h
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r
e
a
r
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i
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g
s
a
n
d
r
e
v
e
n
u
e
s
o
f
t
h
e
U
t
i
l
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t
y
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r
(
C
)
h
e
l
d
i
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a
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p
e
c
i
a
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a
c
c
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u
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f
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t
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p
t
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p
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g
a
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e
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n
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t
a
t
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o
v
e
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n
m
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t
u
n
d
e
r
t
h
e
I
n
t
e
r
n
a
l
R
e
v
e
n
u
e
C
o
d
e
.
“
G
u
i
d
e
l
i
n
e
s
”
m
e
a
n
s
t
h
e
E
C
O
L
O
G
Y
’
s
F
u
n
d
i
n
g
G
u
i
d
e
l
i
n
e
s
t
h
a
t
t
h
a
t
c
o
r
r
e
l
a
t
e
t
o
t
h
e
S
t
a
t
e
F
i
s
c
a
l
Y
e
a
r
i
n
w
h
i
c
h
t
h
e
p
r
o
j
e
c
t
i
s
f
u
n
d
e
d
.
“
I
n
i
t
i
a
t
i
o
n
o
f
O
p
e
r
a
t
i
o
n
D
a
t
e
”
m
e
a
n
s
t
h
e
a
c
t
u
a
l
d
a
t
e
t
h
e
W
a
t
e
r
P
o
l
l
u
t
i
o
n
C
o
n
t
r
o
l
F
a
c
i
l
i
t
y
f
i
n
a
n
c
e
d
w
i
t
h
p
r
o
c
e
e
d
s
o
f
t
h
e
l
o
a
n
b
e
g
i
n
s
t
o
o
p
e
r
a
t
e
f
o
r
i
t
s
i
n
t
e
n
d
e
d
p
u
r
p
o
s
e
.
“
L
o
a
n
”
m
e
a
n
s
t
h
e
W
a
s
h
i
n
g
t
o
n
S
t
a
t
e
W
a
t
e
r
P
o
l
l
u
t
i
o
n
C
o
n
t
r
o
l
R
e
v
o
l
v
i
n
g
F
u
n
d
L
o
a
n
o
r
C
e
n
t
e
n
n
i
a
l
C
l
e
a
n
W
a
t
e
r
F
u
n
d
(
C
e
n
t
e
n
n
i
a
l
)
L
o
a
n
m
a
d
e
p
u
r
s
u
a
n
t
t
o
t
h
i
s
l
o
a
n
a
g
r
e
e
m
e
n
t
.
V
e
r
s
i
o
n
1
0
/
3
0
/
2
0
1
5
A
G
E
N
D
A
I
T
E
M
#
8
.
q
)
St
a
t
e
of
Wa
s
h
i
n
g
t
o
n
De
p
a
r
t
m
e
n
t
of
Ec
o
l
o
g
y
Pa
g
e
16
of
40
Ag
r
e
e
m
e
n
t
No
,
WQ
C
-
2
0
16
-
R
e
n
t
o
n
-
0
0
12
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
i
o
n
s
St
o
r
m
w
a
t
e
r
Re
t
r
o
f
i
t
Pr
o
j
e
c
t
-
Ph
a
s
e
II
Re
c
i
p
i
e
n
t
Na
m
e
:
Ci
t
y
of
Re
n
t
o
n
“L
o
a
n
Am
o
u
n
t
”
me
a
n
s
ei
t
h
e
r
an
Es
t
i
m
a
t
e
d
Lo
a
n
Am
o
u
n
t
or
a
Fi
n
a
l
Lo
a
n
Am
o
u
n
t
,
as
ap
p
l
i
c
a
b
l
e
.
“L
o
a
n
Fu
n
d
”
me
a
n
s
th
e
sp
e
c
i
a
l
fu
n
d
o
f
th
a
t
na
m
e
cr
e
a
t
e
d
by
or
d
i
n
a
n
c
e
or
re
s
o
l
u
t
i
o
n
o
f
th
e
RE
C
I
P
I
E
N
T
fo
r
th
e
re
p
a
y
m
e
n
t
o
f
th
e
pr
i
n
c
i
p
a
l
o
f
an
d
in
t
e
r
e
s
t
on
th
e
lo
a
n
.
“L
o
a
n
Se
c
u
r
i
t
y
”
me
a
n
s
th
e
m
e
c
h
a
n
i
s
m
by
wh
i
c
h
th
e
RE
C
I
P
I
E
N
T
pl
e
d
g
e
s
to
re
p
a
y
th
e
lo
a
n
.
“L
o
a
n
Te
r
m
”
me
a
n
s
th
e
re
p
a
y
m
e
n
t
pe
r
i
o
d
o
f
th
e
lo
a
n
.
“M
a
i
n
t
e
n
a
n
c
e
an
d
Op
e
r
a
t
i
o
n
Ex
p
e
n
s
e
”
me
a
n
s
al
L
re
a
s
o
n
a
b
l
e
ex
p
e
n
s
e
s
in
c
u
r
r
e
d
by
th
e
RE
C
I
P
I
E
N
T
in
ca
u
s
i
n
g
th
e
Ut
i
l
i
t
y
to
be
op
e
r
a
t
e
d
an
d
ma
i
n
t
a
i
n
e
d
in
go
o
d
re
p
a
i
r
,
wo
r
k
i
n
g
or
d
e
r
,
an
d
co
n
d
i
t
i
o
n
in
c
l
u
d
i
n
g
pa
y
m
e
n
t
s
to
ot
h
e
r
pa
r
t
i
e
s
,
bu
t
wi
l
l
no
t
in
c
l
u
d
e
an
y
de
p
r
e
c
i
a
t
i
o
n
or
RE
C
I
P
I
E
N
T
le
v
i
e
d
ta
x
e
s
or
pa
y
m
e
n
t
s
to
th
e
RE
C
I
P
I
E
N
T
in
li
e
u
o
f
ta
x
e
s
.
“N
e
t
Re
v
e
n
u
e
”
me
a
n
s
th
e
Gr
o
s
s
Re
v
e
n
u
e
le
s
s
th
e
Ma
i
n
t
e
n
a
n
c
e
an
d
Op
e
r
a
t
i
o
n
Ex
p
e
n
s
e
.
“O
r
i
g
i
n
a
l
En
g
i
n
e
e
r
’
s
Es
t
i
m
a
t
e
”
me
a
n
s
th
e
en
g
i
n
e
e
r
’
s
es
t
i
m
a
t
e
o
f
co
n
s
t
r
u
c
t
i
o
n
co
s
t
s
in
c
l
u
d
e
d
wi
t
h
bi
d
do
c
u
m
e
n
t
s
.
“P
r
i
n
c
i
p
a
l
an
d
In
t
e
r
e
s
t
Ac
c
o
u
n
t
”
me
a
n
s
,
fo
r
a
lo
a
n
th
a
t
co
n
s
t
i
t
u
t
e
s
Re
v
e
n
u
e
-
S
e
c
u
r
e
d
De
b
t
,
th
e
ac
c
o
u
n
t
o
f
th
a
t
na
m
e
cr
e
a
t
e
d
in
th
e
lo
a
n
fu
n
d
to
be
fi
r
s
t
us
e
d
to
re
p
a
y
th
e
pr
i
n
c
i
p
a
l
o
f
an
d
in
t
e
r
e
s
t
on
th
e
lo
a
n
.
“P
r
o
j
e
c
t
”
me
a
n
s
th
e
pr
o
j
e
c
t
de
s
c
r
i
b
e
d
in
th
i
s
ag
r
e
e
m
e
n
t
.
“P
r
o
j
e
c
t
Co
m
p
l
e
t
i
o
n
Da
t
e
”
me
a
n
s
th
e
da
t
e
sp
e
c
i
f
i
e
d
in
th
e
ag
r
e
e
m
e
n
t
on
wh
i
c
h
th
e
Sc
o
p
e
o
f
Wo
r
k
wi
l
l
be
fu
l
l
y
co
m
p
l
e
t
e
d
.
“P
r
o
j
e
c
t
Sc
h
e
d
u
l
e
”
me
a
n
s
th
a
t
sc
h
e
d
u
l
e
fo
r
th
e
pr
o
j
e
c
t
sp
e
c
i
f
i
e
d
in
th
e
ag
r
e
e
m
e
n
t
.
“R
e
s
e
r
v
e
Ac
c
o
u
n
t
”
me
a
n
s
,
fo
r
a
lo
a
n
th
a
t
co
n
s
t
i
t
u
t
e
s
Re
v
e
n
u
e
-
S
e
c
u
r
e
d
De
b
t
,
th
e
ac
c
o
u
n
t
o
f
th
a
t
na
m
e
cr
e
a
t
e
d
in
th
e
lo
a
n
fu
n
d
to
se
c
u
r
e
th
e
pa
y
m
e
n
t
o
f
th
e
pr
i
n
c
i
p
a
l
o
f
an
d
in
t
e
r
e
s
t
on
th
e
lo
a
n
.
“R
e
v
e
n
u
e
-
S
e
c
u
r
e
d
De
b
t
”
me
a
n
s
an
ob
l
i
g
a
t
i
o
n
o
f
th
e
RE
C
I
P
I
E
N
T
se
c
u
r
e
d
by
a
pl
e
d
g
e
o
f
th
e
re
v
e
n
u
e
o
f
a
ut
i
l
i
t
y
an
d
on
e
no
t
a
ge
n
e
r
a
l
ob
l
i
g
a
t
i
o
n
o
f
th
e
RE
C
I
P
I
E
N
T
.
“R
i
s
k
-
B
a
s
e
d
De
t
e
r
m
i
n
a
t
i
o
n
”
me
a
n
s
an
ap
p
r
o
a
c
h
to
su
b
-
r
e
c
i
p
i
e
n
t
mo
n
i
t
o
r
i
n
g
an
d
ov
e
r
s
i
g
h
t
ba
s
e
d
on
ri
s
k
fa
c
t
o
r
s
as
s
o
c
i
a
t
e
d
to
a
RE
C
I
P
I
E
N
T
or
pr
o
j
e
c
t
.
“S
c
o
p
e
of
Wo
r
k
”
me
a
n
s
th
e
ta
s
k
s
an
d
ac
t
i
v
i
t
i
e
s
co
n
s
t
i
t
u
t
i
n
g
th
e
pr
o
j
e
c
t
.
“S
e
c
t
i
o
n
31
9
”
me
a
n
s
th
e
se
c
t
i
o
n
o
f
th
e
Cl
e
a
n
Wa
t
e
r
Ac
t
th
a
t
pr
o
v
i
d
e
s
fu
n
d
i
n
g
to
ad
d
r
e
s
s
no
n
p
o
i
n
t
so
u
r
c
e
s
o
f
wa
t
e
r
po
l
l
u
t
i
o
n
.
“S
e
n
i
o
r
Li
e
n
Ob
l
i
g
a
t
i
o
n
s
”
me
a
n
s
al
l
re
v
e
n
u
e
bo
n
d
s
an
d
ot
h
e
r
ob
l
i
g
a
t
i
o
n
s
o
f
th
e
RE
C
I
P
I
E
N
T
ou
t
s
t
a
n
d
i
n
g
on
th
e
da
t
e
o
f
ex
e
c
u
t
i
o
n
of
th
i
s
lo
a
n
ag
r
e
e
m
e
n
t
(o
r
su
b
s
e
q
u
e
n
t
l
y
is
s
u
e
d
on
a
pa
r
i
t
y
th
e
r
e
w
i
t
h
,
in
c
l
u
d
i
n
g
re
f
u
n
d
i
n
g
ob
l
i
g
a
t
i
o
n
s
)
or
is
s
u
e
d
af
t
e
r
th
e
da
t
e
o
f
ex
e
c
u
t
i
o
n
o
f
th
i
s
lo
a
n
ag
r
e
e
m
e
n
t
ha
v
i
n
g
a
cl
a
i
m
or
li
e
n
on
th
e
Gr
o
s
s
Re
v
e
n
u
e
o
f
th
e
Ut
i
l
i
t
y
pr
i
o
r
an
d
su
p
e
r
i
o
r
to
th
e
cl
a
i
m
or
li
e
n
o
f
th
e
lo
a
n
,
su
b
j
e
c
t
on
l
y
to
Ma
i
n
t
e
n
a
n
c
e
an
d
Op
e
r
a
t
i
o
n
Ex
p
e
n
s
e
.
Ve
r
s
i
o
n
10
/
3
0
/
2
0
15
AG
E
N
D
A
I
T
E
M
#
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o
n
o
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a
n
y
k
i
n
d
,
b
e
g
i
n
V
e
r
s
i
o
n
1
0
/
3
0
/
2
0
1
5
A
G
E
N
D
A
I
T
E
M
#
8
.
q
)
St
a
t
e
of
Wa
s
h
i
n
g
t
o
n
De
p
a
r
t
m
e
n
t
o
f
Ec
o
l
o
g
y
Pa
g
e
18
o
f
40
Ag
r
e
e
m
e
n
t
No
:
WQ
C
-
2
0
I 6-
R
e
n
t
o
n
-
0
0
12
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
i
o
n
s
St
o
r
m
w
a
t
e
r
Re
t
r
o
f
i
t
Pr
o
j
e
c
t
-
Ph
a
s
e
II
Re
c
i
p
i
e
n
t
Na
m
e
Ci
t
y
of
Re
n
t
o
n
un
t
i
l
pr
o
v
i
s
i
o
n
s
o
f
th
i
s
pr
o
c
e
s
s
ar
e
co
m
p
l
i
e
d
wi
t
h
.
Th
e
RE
C
I
P
I
E
N
T
is
re
s
p
o
n
s
i
b
l
e
fo
r
de
v
e
l
o
p
i
n
g
a
co
m
p
l
e
t
e
In
a
d
v
e
r
t
e
n
t
Di
s
c
o
v
e
r
y
Pl
a
n
(I
D
P
)
.
Th
e
ID
P
mu
s
t
be
im
m
e
d
i
a
t
e
l
y
av
a
i
l
a
b
l
e
by
re
q
u
e
s
t
by
an
y
pa
r
t
y
.
An
ID
P
mu
s
t
be
im
m
e
d
i
a
t
e
l
y
av
a
i
l
a
b
l
e
an
d
be
im
p
l
e
m
e
n
t
e
d
to
ad
d
r
e
s
s
an
y
di
s
c
o
v
e
r
y
.
Th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
im
p
l
e
m
e
n
t
th
e
pr
o
c
e
d
u
r
e
s
in
th
e
ID
P
,
an
d
im
m
e
d
i
a
t
e
l
y
no
t
i
f
y
EC
O
L
O
G
Y
,
th
e
De
p
a
r
t
m
e
n
t
o
f
Ar
c
h
e
o
l
o
g
y
an
d
Hi
s
t
o
r
i
c
Pr
e
s
e
r
v
a
t
i
o
n
(D
A
H
P
)
,
an
d
tr
i
b
a
l
re
p
r
e
s
e
n
t
a
t
i
v
e
s
if
hu
m
a
n
re
m
a
i
n
s
,
cu
l
t
u
r
a
l
,
or
ar
c
h
e
o
l
o
g
i
c
a
l
re
s
o
u
r
c
e
s
ar
e
di
s
c
o
v
e
r
e
d
in
th
e
co
t
i
r
s
e
o
f
co
n
s
t
r
u
c
t
i
o
n
,
Fo
r
mo
r
e
de
t
a
i
l
s
re
g
a
r
d
i
n
g
re
q
u
i
r
e
m
e
n
t
s
un
d
e
r
th
i
s
pr
o
v
i
s
i
o
n
,
pl
e
a
s
e
re
f
e
r
e
n
c
e
th
e
Wa
t
e
r
Qu
a
l
i
t
y
Fi
n
a
n
c
i
a
l
As
s
i
s
t
a
n
c
e
Fu
n
d
i
n
g
Gu
i
d
e
l
i
n
e
s
av
a
i
l
a
b
l
e
on
EC
O
L
O
G
Y
’
s
Wa
t
e
r
Qu
a
l
i
t
y
Pr
o
g
r
a
m
fu
n
d
i
n
g
we
b
s
i
t
e
.
D.
El
e
c
t
r
o
n
i
c
Fu
n
d
Tr
a
n
s
f
e
r
s
:
Th
e
RE
C
I
P
I
E
N
T
mu
s
t
re
g
i
s
t
e
r
as
a
st
a
t
e
w
i
d
e
ve
n
d
o
r
in
or
d
e
r
to
re
c
e
i
v
e
pa
y
m
e
n
t
re
i
m
b
u
r
s
e
m
e
n
t
.
Wa
s
h
i
n
g
t
o
n
St
a
t
e
’
s
De
p
a
r
t
m
e
n
t
o
f
En
t
e
r
p
r
i
s
e
Se
r
v
i
c
e
s
(D
E
S
)
is
s
u
e
s
al
l
pa
y
m
e
n
t
s
.
DE
S
ma
i
n
t
a
i
n
s
a
ce
n
t
r
a
l
ve
n
d
o
r
fi
l
e
fo
r
Wa
s
h
i
n
g
t
o
n
St
a
t
e
ag
e
n
c
y
us
e
to
pr
o
c
e
s
s
ve
n
d
o
r
pa
y
m
e
n
t
s
.
Th
e
RE
C
I
P
I
E
N
T
ca
n
co
m
p
l
e
t
e
th
e
re
g
i
s
t
r
a
t
i
o
n
pr
o
c
e
s
s
on
l
i
n
e
at
ht
t
p
:!
/
d
e
s
.
w
a
.
g
o
v
/
s
e
r
v
i
c
e
s
/
C
o
n
t
r
a
c
t
i
n
g
P
u
r
c
h
a
s
i
n
g
/
B
u
s
i
n
e
s
s
/
V
e
n
d
o
r
P
a
y
/
P
a
g
e
s
/
d
e
f
a
u
l
t
.
a
s
p
x
.
Th
i
s
re
g
i
s
t
r
a
t
i
o
n
pr
o
c
e
s
s
al
s
o
al
l
o
w
s
Th
e
RE
C
I
P
I
E
N
T
to
si
g
n
up
fo
r
di
r
e
c
t
de
p
o
s
i
t
pa
y
m
e
n
t
s
,
al
s
o
kn
o
w
n
as
el
e
c
t
r
o
n
i
c
fu
n
d
tr
a
n
s
f
e
r
s
(E
F
T
)
.
If
Th
e
RE
C
I
P
I
E
N
T
ha
v
e
qu
e
s
t
i
o
n
s
ab
o
u
t
th
e
ve
n
d
o
r
re
g
i
s
t
r
a
t
i
o
n
pr
o
c
e
s
s
or
se
t
t
i
n
g
up
di
r
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c
t
de
p
o
s
i
t
pa
y
m
e
n
t
s
co
n
t
a
c
t
DE
S
at
th
e
Pa
y
e
e
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l
p
De
s
k
at
(3
6
0
)
66
4
-
7
7
7
9
or
pa
y
e
e
h
e
l
p
d
e
s
k
@
d
e
s
.
w
a
.
g
o
v
.
E.
Eq
u
i
p
m
e
n
t
Pu
r
c
h
a
s
e
:
Eq
u
i
p
m
e
n
t
no
t
in
c
l
u
d
e
d
in
th
e
sc
o
p
e
o
f
wo
r
k
or
a
co
n
s
t
r
u
c
t
i
o
n
pl
a
n
an
d
sp
e
c
i
f
i
c
a
t
i
o
n
ap
p
r
o
v
a
l
mu
s
t
be
pr
e
-
a
p
p
r
o
v
e
d
by
EC
O
L
O
G
Y
’
s
pr
o
j
e
c
t
ma
n
a
g
e
r
be
f
o
r
e
pu
r
c
h
a
s
e
.
F.
f
u
n
d
i
n
g
Re
c
o
g
n
i
t
i
o
n
:
Th
e
RE
C
I
P
I
E
N
T
mu
s
t
in
f
o
r
m
th
e
pu
b
l
i
c
ab
o
u
t
EC
O
L
O
G
Y
or
an
y
EP
A
(s
e
e
Se
c
t
i
o
n
3
fo
r
Se
c
t
i
o
n
31
9
fu
n
d
e
d
pr
o
j
e
c
t
s
or
7
fo
r
SR
F
fu
n
d
e
d
pr
o
j
e
c
t
s
)
fu
n
d
i
n
g
pa
r
t
i
c
i
p
a
t
i
o
n
in
th
i
s
pr
o
j
e
c
t
th
r
o
u
g
h
th
e
us
e
o
f
pr
o
j
e
c
t
si
g
n
s
,
ac
k
n
o
w
l
e
d
g
e
m
e
n
t
in
pu
b
l
i
s
h
e
d
ma
t
e
r
i
a
l
s
,
re
p
o
r
t
s
,
th
e
ne
w
s
me
d
i
a
,
we
b
s
i
t
e
s
,
or
ot
h
e
r
pu
b
l
i
c
ai
m
o
u
n
c
e
r
n
e
n
t
s
.
Pr
o
j
e
c
t
s
ad
d
r
e
s
s
i
n
g
si
t
e
-
s
p
e
c
i
f
i
c
lo
c
a
t
i
o
n
s
mu
s
t
ut
i
l
i
z
e
ap
p
r
o
p
r
i
a
t
e
l
y
si
z
e
d
an
d
we
a
t
h
e
r
-
r
e
s
i
s
t
a
n
t
si
g
n
s
.
Si
g
n
lo
g
o
s
ar
e
av
a
i
l
a
b
l
e
fr
o
m
EC
O
L
O
G
Y
up
o
n
re
q
u
e
s
t
.
G.
Gr
o
w
t
h
Ma
n
a
g
e
m
e
n
t
Pl
a
n
n
i
n
g
:
Th
e
RE
C
I
P
I
E
N
T
ce
r
t
i
f
i
e
s
by
si
g
n
i
n
g
th
i
s
ag
r
e
e
m
e
n
t
th
a
t
it
is
in
co
m
p
l
i
a
n
c
e
wi
t
h
th
e
re
q
u
i
r
e
m
e
n
t
s
o
f
Ch
a
p
t
e
r
36
.
7
0
A
RC
W
,
“G
r
o
w
t
h
Ma
n
a
g
e
m
e
n
t
Pl
a
n
n
i
n
g
by
Se
l
e
c
t
e
d
Co
u
n
t
i
e
s
an
d
Ci
t
i
e
s
.
”
I
f
th
e
st
a
t
u
s
o
f
co
m
p
l
i
a
n
c
e
ch
a
n
g
e
s
,
ei
t
h
e
r
th
r
o
u
g
h
RE
C
I
P
I
E
N
T
or
le
g
i
s
l
a
t
i
v
e
ac
t
i
o
n
,
th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
no
t
i
f
y
EC
O
L
O
G
Y
in
wr
i
t
i
n
g
o
f
th
i
s
ch
a
n
g
e
wi
t
h
i
n
30
da
y
s
.
H.
In
t
e
r
l
o
c
a
l
:
Th
e
RE
C
I
P
i
E
N
T
ce
r
t
i
f
i
e
s
by
si
g
n
i
n
g
th
i
s
ag
r
e
e
m
e
n
t
th
a
t
al
l
ne
g
o
t
i
a
t
e
d
in
t
e
r
l
o
c
a
l
ag
r
e
e
m
e
n
t
s
ne
c
e
s
s
a
r
y
fo
r
th
e
pr
o
j
e
c
t
ar
e
,
or
sh
a
l
l
be
,
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
te
r
m
s
o
f
th
i
s
ag
r
e
e
m
e
n
t
an
d
Ch
a
p
t
e
r
39
.
3
4
RC
W
,
“I
n
t
e
r
l
o
c
a
l
Co
o
p
e
r
a
t
i
o
n
Ac
t
.
”
Th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
su
b
m
i
t
a
co
p
y
o
f
ea
c
h
in
t
e
r
l
o
c
a
l
ag
r
e
e
m
e
n
t
ne
c
e
s
s
a
r
y
fo
r
th
e
pr
o
j
e
c
t
to
EC
O
L
O
G
Y
.
I.
Lo
b
b
y
i
n
g
an
d
Li
t
i
g
a
t
i
o
n
:
Co
s
t
s
in
c
u
r
r
e
d
fo
r
th
e
pu
r
p
o
s
e
s
o
f
lo
b
b
y
i
n
g
or
li
t
i
g
a
t
i
o
n
ar
e
no
t
el
i
g
i
b
l
e
fo
r
fu
n
d
i
n
g
un
d
e
r
th
i
s
ag
r
e
e
m
e
n
t
.
J.
Po
s
t
Pr
o
j
e
c
t
As
s
e
s
s
m
e
n
t
Su
r
v
e
y
:
Th
e
RE
C
I
P
I
E
N
T
ag
r
e
e
s
to
pa
r
t
i
c
i
p
a
t
e
in
a
br
i
e
f
su
r
v
e
y
re
g
a
r
d
i
n
g
th
e
ke
y
pr
o
j
e
c
t
re
s
u
l
t
s
or
wa
t
e
r
qu
a
l
i
t
y
pr
o
j
e
c
t
ou
t
c
o
m
e
s
an
d
th
e
st
a
t
u
s
o
f
lo
n
g
-
t
e
r
m
en
v
i
r
o
n
m
e
n
t
a
l
re
s
u
l
t
s
or
go
a
l
s
fr
o
m
th
e
pr
o
j
e
c
t
ap
p
r
o
x
i
m
a
t
e
l
y
th
r
e
e
ye
a
r
s
af
t
e
r
pr
o
j
e
c
t
co
m
p
l
e
t
i
o
n
.
A
re
p
r
e
s
e
n
t
a
t
i
v
e
fr
o
m
EC
O
L
O
G
Y
’
s
Wa
t
e
r
Qu
a
l
i
t
y
Pr
o
g
r
a
m
ma
y
co
n
t
a
c
t
th
e
RE
C
I
P
I
E
N
T
to
re
q
u
e
s
t
th
i
s
da
t
a
.
EC
O
L
O
G
Y
ma
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(
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.
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1
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3
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G
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#
8
.
q
)
St
a
t
e
of
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s
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De
p
a
r
t
m
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Ec
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y
Pa
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o
f
40
Ag
r
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e
m
e
n
t
No
:
WQ
C
-
2
0
16
-
R
e
n
t
o
n
-
0
0
12
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
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e
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Co
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n
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c
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St
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-
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Na
m
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:
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t
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of
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C.
Co
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t
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Ca
p
:
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e
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C
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sh
a
l
l
en
s
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th
a
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t
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2
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(
b
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or
40
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q
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:
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n
e
r
a
l
Co
m
p
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,
40
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R
,
Pa
r
t
33
.
Th
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C
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ag
r
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s
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,
Pa
r
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in
pr
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m
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t
.
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d
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s
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m
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Pr
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v
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T
sh
a
l
l
no
t
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s
c
r
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m
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a
t
e
on
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s
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c
e
,
co
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na
t
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l
or
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g
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n
or
se
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in
th
e
pe
r
f
o
r
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n
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e
of
th
i
s
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r
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e
m
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t
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C
I
P
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E
N
T
sh
a
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r
r
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q
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f
40
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f
R
Pa
r
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33
in
th
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aw
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n
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n
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a
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s
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f
a
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by
th
e
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C
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E
N
T
to
ca
r
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y
ou
t
th
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a
ma
t
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r
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br
e
a
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m
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y
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a
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r
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s
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t
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)
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In
th
e
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t
o
f
th
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P
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N
T
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s
no
n
c
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m
p
l
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or
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f
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s
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l
to
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.
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p
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9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
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o
n
s
St
o
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m
w
a
t
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r
Re
t
r
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f
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Pr
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j
e
c
t
-
Ph
a
s
e
II
Re
c
i
p
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e
n
t
Na
m
e
:
Ci
t
y
of
Re
n
t
o
n
ki
n
d
.
To
se
c
u
r
e
th
e
re
p
a
y
m
e
n
t
o
f
th
e
lo
a
n
fr
o
m
EC
O
L
O
G
Y
,
th
e
RE
C
I
P
I
E
N
T
ag
r
e
e
s
to
co
m
p
l
y
wi
t
h
al
l
o
f
th
e
co
v
e
n
a
n
t
s
,
ag
r
e
e
m
e
n
t
s
,
an
d
at
t
a
c
h
m
e
n
t
s
co
n
t
a
i
n
e
d
he
r
e
i
n
.
2.
f
o
r
Ge
n
e
r
a
l
Ob
l
i
g
a
t
i
o
n
.
Th
i
s
lo
a
n
is
a
Ge
n
e
r
a
l
Ob
l
i
g
a
t
i
o
n
De
b
t
o
f
th
e
RE
C
I
P
I
E
N
T
.
3.
f
o
r
Ge
n
e
r
a
l
Ob
l
i
g
a
t
i
o
n
Pa
y
a
b
l
e
fr
o
m
Sp
e
c
i
a
l
As
s
e
s
s
m
e
n
t
s
.
Th
i
s
lo
a
n
is
a
Ge
n
e
r
a
l
Ob
l
i
g
a
t
i
o
n
De
b
t
o
f
th
e
RE
C
I
P
I
E
N
T
pa
y
a
b
l
e
fr
o
m
sp
e
c
i
a
l
as
s
e
s
s
m
e
n
t
s
to
be
im
p
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s
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d
wi
t
h
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n
th
e
co
n
s
t
i
t
u
t
i
o
n
a
l
an
d
st
a
t
u
t
o
r
y
ta
x
li
m
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t
a
t
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n
s
pr
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v
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d
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d
by
la
w
wi
t
h
o
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t
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vo
t
e
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f
th
e
el
e
c
t
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r
s
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f
th
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RE
C
I
P
I
E
N
T
on
al
l
o
f
th
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ta
x
a
b
l
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pr
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p
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t
y
wi
t
h
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n
th
e
bo
u
n
d
a
r
i
e
s
o
f
th
e
RE
C
I
P
I
E
N
T
.
4.
Fo
r
Re
v
e
n
u
e
-
S
e
c
u
r
e
d
:
Li
e
n
Po
s
i
t
i
o
n
.
Th
i
s
lo
a
n
is
a
Re
v
e
n
u
e
-
S
e
c
u
r
e
d
De
b
t
o
f
th
e
RE
C
I
P
I
E
N
T
’
s
Ut
i
l
i
t
y
.
Th
i
s
lo
a
n
sh
a
l
l
co
n
s
t
i
t
u
t
e
a
li
e
n
an
d
ch
a
r
g
e
up
o
n
th
e
Ne
t
Re
v
e
n
u
e
ju
n
i
o
r
an
d
su
b
o
r
d
i
n
a
t
e
to
th
e
li
e
n
an
d
ch
a
r
g
e
up
o
n
su
c
h
Ne
t
Re
v
e
n
u
e
o
f
an
y
Se
n
i
o
r
Li
e
n
Ob
l
i
g
a
t
i
o
n
s
.
I
n
ad
d
i
t
i
o
n
,
if
th
i
s
lo
a
n
is
al
s
o
se
c
u
r
e
d
by
Ut
i
l
i
t
y
Lo
c
a
l
Im
p
r
o
v
e
m
e
n
t
Di
s
t
r
i
c
t
s
(U
L
I
D
)
As
s
e
s
s
m
e
n
t
s
,
th
i
s
lo
a
n
sh
a
l
l
co
n
s
t
i
t
u
t
e
a
li
e
n
up
o
n
UL
I
D
As
s
e
s
s
m
e
n
t
s
in
th
e
UL
I
D
pr
i
o
r
an
d
su
p
e
r
i
o
r
to
an
y
ot
h
e
r
ch
a
r
g
e
s
wh
a
t
s
o
e
v
e
r
.
5.
Ot
h
e
r
So
u
r
c
e
s
of
Re
p
a
y
m
e
n
t
.
Th
e
RE
C
I
P
I
E
N
T
ma
y
re
p
a
y
an
y
po
r
t
i
o
n
o
f
th
e
lo
a
n
fr
o
m
an
y
fu
n
d
s
le
g
a
l
l
y
av
a
i
l
a
b
l
e
to
it
.
6.
De
f
e
a
s
a
n
c
e
o
f
th
e
Lo
a
n
.
So
lo
n
g
as
EC
O
L
O
G
Y
sh
a
l
l
ho
l
d
th
i
s
lo
a
n
,
th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
no
t
be
en
t
i
t
l
e
d
to
,
an
d
sh
a
l
l
no
t
af
f
e
c
t
,
an
ec
o
n
o
m
i
c
De
f
e
a
s
a
n
c
e
o
f
th
e
lo
a
n
.
Th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
no
t
ad
v
a
n
c
e
re
f
u
n
d
th
e
lo
a
n
.
If
th
e
RE
C
I
P
I
E
N
T
de
f
e
a
s
e
s
or
ad
v
a
n
c
e
re
f
u
n
d
s
th
e
lo
a
n
,
it
sh
a
l
l
be
re
q
u
i
r
e
d
to
us
e
th
e
pr
o
c
e
e
d
s
th
e
r
e
o
f
im
m
e
d
i
a
t
e
l
y
up
o
n
th
e
i
r
re
c
e
i
p
t
,
to
g
e
t
h
e
r
wi
t
h
ot
h
e
r
av
a
i
l
a
b
l
e
RE
C
I
P
I
E
N
T
fu
n
d
s
,
to
re
p
a
y
bo
t
h
o
f
th
e
fo
l
l
o
w
i
n
g
:
(i
)
Th
e
Lo
a
n
Am
o
u
n
t
wi
t
h
in
t
e
r
e
s
t
(i
i
)
An
y
ot
h
e
r
ob
l
i
g
a
t
i
o
n
s
o
f
th
e
RE
C
I
P
I
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N
T
to
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O
L
O
G
Y
un
d
e
r
th
i
s
ag
r
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e
m
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n
t
,
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l
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s
s
in
it
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so
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s
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t
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o
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L
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fi
n
d
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th
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o
m
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be
in
th
e
pu
b
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in
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e
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t
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to
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a
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th
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a
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t
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m
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f
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in
EC
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L
O
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to
ma
k
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re
p
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e
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t
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d
as
a
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f
a
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t
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7.
Re
f
i
n
a
n
c
i
n
g
or
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r
l
y
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p
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m
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Pr
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t
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as
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sh
a
l
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d
th
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lo
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n
,
th
e
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C
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P
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N
T
sh
a
l
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gi
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th
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t
y
da
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no
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if
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P
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in
t
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to
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ma
k
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f
th
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lo
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n
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Me
t
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an
d
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d
i
t
i
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on
Re
p
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m
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t
s
1.
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m
i
a
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n
u
a
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Pa
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m
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t
s
.
No
t
w
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pr
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m
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2
.
L
a
t
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C
h
a
r
g
e
s
.
I
f
a
n
y
a
m
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t
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t
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a
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C
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m
a
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a
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.
3
.
R
e
p
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m
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m
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t
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n
s
.
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e
p
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m
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t
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f
t
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b
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a
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d
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m
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a
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,
a
m
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g
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:
t
h
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4
.
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p
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m
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t
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f
L
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o
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s
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Ha
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q
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wh
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fi
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me
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th
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t
ma
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be
ap
p
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by
th
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to
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k
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in
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,
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fi
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p
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t
to
EC
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L
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G
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o
f
th
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or
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(2
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if
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,
ha
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n
pa
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p
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th
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p
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m
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n
t
o
f
th
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lo
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n
)
:
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l
UL
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As
s
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s
s
m
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t
s
in
th
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UL
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D
sh
a
l
l
be
pa
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d
in
t
o
th
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lo
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Fu
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d
an
d
us
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d
to
pa
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th
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pr
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c
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p
a
l
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f
an
d
in
t
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s
t
on
th
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lo
a
n
.
Th
e
UL
I
D
As
s
e
s
s
m
e
n
t
s
in
th
e
UL
I
D
ma
y
be
de
p
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s
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t
e
d
in
t
o
th
e
Re
s
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r
v
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Ac
c
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u
n
t
to
sa
t
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s
f
’
a
Re
s
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r
v
e
Re
q
u
i
r
e
m
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n
t
if
a
Re
s
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r
v
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Re
q
u
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m
e
n
t
is
ap
p
l
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c
a
b
l
e
.
J.
Ma
i
n
t
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n
a
n
c
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an
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Op
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r
a
t
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n
o
f
a
Fu
n
d
e
d
Ut
i
l
i
t
y
:
Th
e
RE
C
I
P
I
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N
T
sh
a
l
l
at
al
l
ti
m
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s
ma
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d
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p
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fu
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d
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d
Ut
i
l
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t
y
in
go
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p
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r
,
wo
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k
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g
or
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an
d
co
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d
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t
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d
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at
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m
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op
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th
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Ut
i
l
i
t
y
an
d
th
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bu
s
i
n
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s
s
in
an
ef
f
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c
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n
t
ma
n
n
e
r
an
d
at
a
re
a
s
o
n
a
b
l
e
co
s
t
.
K.
Op
i
n
i
o
n
o
f
RE
C
I
P
I
E
N
T
’
s
Le
g
a
l
Co
u
n
s
e
l
:
Th
e
RE
C
I
P
I
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N
T
mu
s
t
su
b
m
i
t
an
“O
p
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n
i
o
n
o
f
Le
g
a
l
Co
u
n
s
e
l
to
th
e
RE
C
I
P
I
E
N
T
”
to
EC
O
L
O
G
Y
be
f
o
r
e
th
i
s
ag
r
e
e
m
e
n
t
wi
l
l
be
si
g
n
e
d
.
EC
O
L
O
G
Y
wi
l
l
pr
o
v
i
d
e
th
e
fo
r
m
.
L.
Pr
e
v
a
i
l
i
n
g
Wa
g
e
(D
a
v
i
s
-
B
a
c
o
n
Ac
t
)
:
Th
e
RE
C
I
P
I
E
N
T
ag
r
e
e
s
,
by
si
g
n
i
n
g
th
i
s
ag
r
e
e
m
e
n
t
,
to
co
m
p
l
y
wi
t
h
th
e
Da
v
i
s
-
B
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S
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r
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:
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1
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1
0
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3
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0
1
5
A
G
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N
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I
T
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M
#
8
.
q
)
St
a
t
e
of
Wa
s
h
i
n
g
t
o
n
De
p
a
r
t
m
e
n
t
of
Ec
o
l
o
g
y
Pa
g
e
28
of
40
Ag
r
e
e
m
e
n
t
No
:
WQ
C
-
2
0
I
6-
R
e
n
t
o
n
-
0
0
12
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
i
o
n
s
St
o
r
i
n
w
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e
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t
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t
Pr
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j
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c
t
-
Ph
a
s
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Re
c
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p
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e
n
t
Na
m
e
Ci
t
y
of
Re
n
t
o
n
ma
t
e
r
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a
l
,
or
us
e
f
u
l
to
th
e
op
e
r
a
t
i
o
n
o
f
th
e
Ut
i
l
i
t
y
;
or
2.
Th
e
ag
g
r
e
g
a
t
e
de
p
r
e
c
i
a
t
e
d
co
s
t
va
l
u
e
o
f
th
e
fa
c
i
l
i
t
i
e
s
or
pr
o
p
e
r
t
y
be
i
n
g
tr
a
n
s
f
e
r
r
e
d
in
an
y
fi
s
c
a
l
ye
a
r
co
m
p
r
i
s
e
s
no
mo
r
e
th
a
n
th
r
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e
pe
r
c
e
n
t
o
f
th
e
to
t
a
l
as
s
e
t
s
o
f
th
e
Ut
i
l
i
t
y
;
or
3.
Th
e
RE
C
I
P
I
E
N
T
re
c
e
i
v
e
s
fr
o
m
th
e
tr
a
n
s
f
e
r
e
e
an
am
o
u
n
t
eq
u
a
l
to
an
am
o
u
n
t
wh
i
c
h
wi
l
l
be
in
th
e
sa
m
e
pr
o
p
o
r
t
i
o
n
to
th
e
ne
t
am
o
u
n
t
o
f
Se
n
i
o
r
Li
e
n
Ob
l
i
g
a
t
i
o
n
s
an
d
th
i
s
LO
A
N
th
e
n
ou
t
s
t
a
n
d
i
n
g
(d
e
f
i
n
e
d
as
th
e
to
t
a
l
am
o
u
n
t
ou
t
s
t
a
n
d
i
n
g
le
s
s
th
e
am
o
u
n
t
o
f
ca
s
h
an
d
in
v
e
s
t
m
e
n
t
s
in
th
e
bo
n
d
an
d
lo
a
n
fu
n
d
s
se
c
u
r
i
n
g
su
c
h
de
b
t
)
as
th
e
Gr
o
s
s
Re
v
e
n
u
e
of
th
e
Ut
i
l
i
t
y
fr
o
m
th
e
po
r
t
i
o
n
o
f
th
e
Ut
i
l
i
t
y
so
l
d
or
di
s
p
o
s
e
d
o
f
fo
r
th
e
pr
e
c
e
d
i
n
g
ye
a
r
be
a
r
s
to
th
e
to
t
a
l
Gr
o
s
s
Re
v
e
n
t
i
e
fo
r
th
a
t
pe
r
i
o
d
.
4.
Ex
p
r
e
s
s
e
d
wr
i
t
t
e
n
ag
r
e
e
m
e
n
t
by
EC
O
L
O
G
Y
.
Th
e
pr
o
c
e
e
d
s
o
f
an
y
tr
a
n
s
f
e
r
un
d
e
r
th
i
s
pa
r
a
g
r
a
p
h
m
u
s
t
be
us
e
d
(1
)
to
re
d
e
e
m
pr
o
m
p
t
l
y
,
or
ir
r
e
v
o
c
a
b
l
y
se
t
as
i
d
e
fo
r
th
e
re
d
e
m
p
t
i
o
n
of
,
Se
n
i
o
r
Li
e
n
Ob
l
i
g
a
t
i
o
n
s
an
d
to
re
d
e
e
m
pr
o
m
p
t
l
y
th
e
lo
a
n
,
an
d
(2
)
to
pr
o
v
i
d
e
fo
r
pa
r
t
o
f
th
e
co
s
t
o
f
ad
d
i
t
i
o
n
s
to
an
d
be
t
t
e
r
m
e
n
t
s
an
d
ex
t
e
n
s
i
o
n
s
o
f
th
e
Ut
i
l
i
t
y
.
P.
Se
w
e
r
-
U
s
e
Or
d
i
n
a
n
c
e
or
Re
s
o
l
u
t
i
o
n
:
I
f
no
t
al
r
e
a
d
y
in
ex
i
s
t
e
n
c
e
,
th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
ad
o
p
t
an
d
sh
a
l
l
en
f
o
r
c
e
a
se
w
e
r
-
u
s
e
or
d
i
n
a
n
c
e
or
re
s
o
l
u
t
i
o
n
.
Su
c
h
or
d
i
n
a
n
c
e
or
re
s
o
l
u
t
i
o
n
sh
a
l
l
be
su
b
m
i
t
t
e
d
to
EC
O
L
O
G
Y
up
o
n
re
q
u
e
s
t
.
Th
e
se
w
e
r
us
e
or
d
i
n
a
n
c
e
mu
s
t
in
c
l
u
d
e
pr
o
v
i
s
i
o
n
s
to
:
1)
Pr
o
h
i
b
i
t
th
e
in
t
r
o
d
u
c
t
i
o
n
o
f
to
x
i
c
or
ha
z
a
r
d
o
t
i
s
wa
s
t
e
s
in
t
o
th
e
RE
C
I
P
I
E
N
T
’
s
se
w
e
r
sy
s
t
e
m
.
2)
Pr
o
h
i
b
i
t
in
f
l
o
w
o
f
st
o
r
m
w
a
t
e
r
.
3)
Re
q
u
i
r
e
th
a
t
ne
w
se
w
e
r
s
an
d
co
n
n
e
c
t
i
o
n
s
be
pr
o
p
e
r
l
y
de
s
i
g
n
e
d
an
d
co
n
s
t
r
u
c
t
e
d
.
4)
Re
q
u
i
r
e
co
n
n
e
c
t
i
o
n
s
ne
c
e
s
s
a
r
y
to
me
e
t
de
b
t
ob
l
i
g
a
t
i
o
n
s
as
s
o
c
i
a
t
e
d
wi
t
h
th
e
pl
a
n
n
i
n
g
an
d
co
n
s
t
r
u
c
t
i
o
n
o
f
th
i
s
fa
c
i
l
i
t
y
as
we
l
l
as
th
e
ex
p
e
c
t
e
d
co
s
t
s
o
f
op
e
r
a
t
i
o
n
an
d
ma
i
n
t
e
n
a
n
c
e
.
Q.
Te
r
m
i
n
a
t
i
o
n
an
d
De
f
a
u
l
t
:
Te
r
m
i
n
a
t
i
o
n
an
d
De
f
a
u
l
t
Ev
e
n
t
s
I.
Fo
r
In
s
u
f
f
i
c
i
e
n
t
EC
O
L
O
G
Y
or
RE
C
I
P
I
E
N
T
Fu
n
d
s
.
EC
O
L
O
G
Y
ma
y
te
r
m
i
n
a
t
e
th
i
s
lo
a
n
ag
r
e
e
m
e
n
t
fo
r
in
s
u
f
f
i
c
i
e
n
t
EC
O
L
O
G
Y
or
RE
C
I
P
I
E
N
T
fu
n
d
s
.
2.
f
o
r
f
a
i
l
u
r
e
to
Co
m
m
e
n
c
e
Wo
r
k
.
EC
O
L
O
G
Y
ma
y
te
r
m
i
n
a
t
e
th
i
s
lo
a
n
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L
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:
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RE
C
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P
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/
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co
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go
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m
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b
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t
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pr
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pr
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m
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no
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c
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to
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f
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an
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le
a
r
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th
a
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it
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t
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wh
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b
m
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be
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s
.
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m
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in
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b
l
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,
lo
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ti
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tr
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a
c
t
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p
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pr
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c
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as
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in
th
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cl
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u
s
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,
ha
v
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me
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n
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t
ou
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I
P
I
E
N
T
sh
a
l
t
fo
l
l
o
w
th
e
“A
d
m
i
n
i
s
t
r
a
t
i
v
e
Re
q
t
i
i
r
e
m
e
n
t
s
fo
r
Re
c
i
p
i
e
n
t
s
o
f
Ec
o
l
o
g
y
Gr
a
n
t
s
an
d
Lo
a
n
s
—
EA
G
L
Ed
i
t
i
o
n
”
ht
t
p
s
:/
/
f
o
r
t
r
e
s
s
.
w
a
.
g
o
v
/
e
c
y
/
p
u
b
l
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c
a
t
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n
s
/
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u
m
m
a
r
y
P
a
g
e
s
/
14
0
1
00
2
.
h
t
m
l
b)
RE
C
I
P
I
E
N
T
sh
a
l
l
co
m
p
l
e
t
e
al
l
ac
t
i
v
i
t
i
e
s
fu
n
d
e
d
by
th
i
s
Ag
r
e
e
m
e
n
t
an
d
be
fu
l
l
y
re
s
p
o
n
s
i
b
l
e
fo
r
th
e
pr
o
p
e
r
ma
n
a
g
e
m
e
n
t
o
f
al
l
fu
n
d
s
an
d
re
s
o
u
r
c
e
s
ma
d
e
av
a
i
l
a
b
l
e
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
.
c)
RE
C
I
P
I
E
N
T
ag
r
e
e
s
to
ta
k
e
co
m
p
l
e
t
e
re
s
p
o
n
s
i
b
i
l
i
t
y
fo
r
al
l
ac
t
i
o
n
s
ta
k
e
n
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
,
in
c
l
u
d
i
n
g
en
s
u
r
i
n
g
al
l
st
t
b
g
r
a
n
t
e
e
s
an
d
co
n
t
r
a
c
t
o
r
s
co
m
p
l
y
wi
t
h
th
e
te
r
m
s
an
d
co
n
d
i
t
i
o
n
s
o
f
th
i
s
Ag
r
e
e
m
e
n
t
.
EC
O
L
O
G
Y
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
re
q
u
e
s
t
p
r
o
o
f
o
f
co
m
p
l
i
a
n
c
e
by
su
b
g
r
a
n
t
e
e
s
an
d
co
n
t
r
a
c
t
o
r
s
.
d)
RE
C
I
P
I
E
N
T
’
s
ac
t
i
v
i
t
i
e
s
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
sh
a
l
l
be
su
b
j
e
c
t
to
th
e
re
v
i
e
w
an
d
ap
p
r
o
v
a
l
by
EC
O
L
O
G
Y
fo
r
th
e
ex
t
e
n
t
an
d
ch
a
r
a
c
t
e
r
o
f
al
l
wo
r
k
an
d
se
r
v
i
c
e
s
.
2.
AM
E
N
D
M
E
N
T
S
AN
D
MO
D
I
F
I
C
A
T
i
O
N
S
Th
i
s
Ag
r
e
e
m
e
n
t
ma
y
be
al
t
e
r
e
d
,
am
e
n
d
e
d
,
or
wa
i
v
e
d
on
l
y
by
a
wr
i
t
t
e
n
am
e
n
d
m
e
n
t
ex
e
c
u
t
e
d
by
bo
t
h
pa
r
t
i
e
s
.
No
su
b
s
e
q
u
e
n
t
mo
d
i
f
i
c
a
t
i
o
n
(
s
)
or
am
e
n
d
m
e
n
t
(
s
)
o
f
th
i
s
Ag
r
e
e
m
e
n
t
wi
l
l
be
o
f
an
y
fo
r
c
e
or
ef
f
e
c
t
un
l
e
s
s
in
wr
i
t
i
n
g
an
d
si
g
n
e
d
by
au
t
h
o
r
i
z
e
d
re
p
r
e
s
e
n
t
a
t
i
v
e
s
o
f
bo
t
h
pa
r
t
i
e
s
.
EC
O
L
O
G
Y
an
d
th
e
RE
C
I
P
I
E
N
T
ma
y
ch
a
n
g
e
th
e
i
r
re
s
p
e
c
t
i
v
e
st
a
f
f
co
n
t
a
c
t
s
an
d
ad
m
i
n
i
s
t
r
a
t
i
v
e
in
f
o
r
m
a
t
i
o
n
wi
t
h
o
u
t
th
e
co
n
c
u
r
r
e
n
c
e
o
f
ei
t
h
e
r
pa
r
t
y
.
3.
AR
C
H
A
E
O
L
O
G
I
C
A
L
AN
D
CU
L
T
U
R
A
L
RE
S
O
U
R
C
E
S
RE
C
I
P
I
E
N
T
sh
a
l
l
ta
k
e
re
a
s
o
n
a
b
l
e
ac
t
i
o
n
to
av
o
i
d
,
mi
n
i
m
i
z
e
,
or
mi
t
i
g
a
t
e
ad
v
e
r
s
e
ef
f
e
c
t
s
to
ar
c
h
e
o
l
o
g
i
c
a
l
or
cu
l
t
u
r
a
l
re
s
o
u
r
c
e
s
.
Ac
t
i
v
i
t
i
e
s
as
s
o
c
i
a
t
e
d
wi
t
h
ar
c
h
a
e
o
l
o
g
i
c
a
l
an
d
cu
l
t
u
r
a
l
re
s
o
u
r
c
e
s
ar
e
an
el
i
g
i
b
l
e
re
i
m
b
u
r
s
a
b
l
e
co
s
t
su
b
j
e
c
t
to
ap
p
r
o
v
a
l
by
EC
O
L
O
G
Y
.
RE
C
I
P
I
E
N
T
sh
a
l
l
:
a)
Im
m
e
d
i
a
t
e
l
y
ce
a
s
e
wo
r
k
an
d
no
t
i
f
y
EC
O
L
O
G
Y
if
an
y
ar
c
h
e
o
l
o
g
i
c
a
l
or
cu
l
t
u
r
a
l
re
s
o
u
r
c
e
s
ar
e
fo
u
n
d
wh
i
l
e
co
n
d
u
c
t
i
n
g
wo
r
k
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
.
b)
Im
m
e
d
i
a
t
e
l
y
no
t
i
f
y
th
e
De
p
a
r
t
m
e
n
t
o
f
Ar
c
h
a
e
o
l
o
g
y
an
d
H
i
s
t
o
r
i
c
Pr
e
s
e
r
v
a
t
i
o
n
at
(3
6
0
)
58
6
-
3
0
6
4
,
in
th
e
ev
e
n
t
hi
s
t
o
r
i
c
a
l
or
cu
l
t
u
r
a
l
ar
t
i
f
a
c
t
s
ar
e
di
s
c
o
v
e
r
e
d
at
a
wo
r
k
si
t
e
.
c)
Co
m
p
l
y
wi
t
h
Go
v
e
r
n
o
r
Ex
e
c
u
t
i
v
e
Or
d
e
r
05
-
0
5
,
Ar
c
h
a
e
o
l
o
g
y
an
d
Cu
l
t
u
r
a
l
Re
s
o
u
r
c
e
s
,
fo
r
an
y
ca
p
i
t
a
l
co
n
s
t
r
u
c
t
i
o
n
pr
o
j
e
c
t
s
pr
i
o
r
to
th
e
st
a
r
t
of
an
y
wo
r
k
.
d)
Co
m
p
l
y
wi
t
h
RC
W
27
.
5
3
,
Ar
c
h
a
e
o
l
o
g
i
c
a
l
Si
t
e
s
an
d
Re
s
o
u
r
c
e
s
,
fo
r
an
y
wo
r
k
pe
r
f
o
r
m
e
d
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
,
as
ap
p
l
i
c
a
b
l
e
.
Na
t
i
o
n
a
l
Hi
s
t
o
r
i
c
Pr
e
s
e
r
v
a
t
i
o
n
Ac
t
(N
H
P
A
)
ma
y
re
q
u
i
r
e
th
e
RE
C
I
P
I
E
N
T
to
ob
t
a
i
n
a
pe
r
m
i
t
pu
r
s
u
a
n
t
to
Ch
a
p
t
e
r
27
.
5
3
RC
W
pr
i
o
r
to
co
n
d
u
c
t
i
n
g
on
-
s
i
t
e
ac
t
i
v
i
t
y
wi
t
h
th
e
po
t
e
n
t
i
a
l
to
im
p
a
c
t
cu
l
t
u
r
a
l
or
hi
s
t
o
r
i
c
pr
o
p
e
r
t
i
e
s
.
4.
AS
S
I
G
N
M
E
N
T
No
ri
g
h
t
or
cl
a
i
m
o
f
th
e
RE
C
I
P
I
E
N
T
ar
i
s
i
n
g
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
sh
a
l
l
be
tr
a
n
s
f
e
r
r
e
d
or
as
s
i
g
n
e
d
by
th
e
RE
C
I
P
I
E
N
T
.
5.
CO
M
M
U
N
I
C
A
T
I
O
N
RE
C
I
P
I
E
N
T
sh
a
l
l
ma
k
e
ev
e
r
y
ef
f
o
r
t
to
ma
i
n
t
a
i
n
ef
f
e
c
t
i
v
e
co
m
m
u
n
i
c
a
t
i
o
n
s
wi
t
h
th
e
RE
C
I
P
I
E
N
T
’
s
de
s
i
g
n
e
e
s
,
EC
O
L
O
G
Y
,
al
l
af
f
e
c
t
e
d
lo
c
a
l
,
st
a
t
e
,
or
fe
d
e
r
a
l
ju
r
i
s
d
i
c
t
i
o
n
s
,
an
d
an
y
in
t
e
r
e
s
t
e
d
in
d
i
v
i
d
u
a
l
s
or
gr
o
u
p
s
.
6.
CO
M
P
E
N
S
A
T
I
O
N
a)
An
y
wo
r
k
pe
r
f
o
r
m
e
d
pr
i
o
r
to
ef
f
e
c
t
i
v
e
da
t
e
of
th
i
s
Ag
r
e
e
m
e
n
t
wi
l
l
be
at
th
e
so
l
e
ex
p
e
n
s
e
an
d
ri
s
k
o
f
th
e
Ve
r
s
i
o
n
10
/
3
0
/
2
0
1
5
AG
E
N
D
A
I
T
E
M
#
8
.
q
)
S
t
a
t
e
o
f
W
a
s
h
i
n
g
t
o
n
D
e
p
a
r
t
m
e
n
t
o
f
E
c
o
l
o
g
y
P
a
g
e
3
3
o
f
4
0
A
g
r
e
e
m
e
n
t
N
o
.
W
Q
C
-
2
0
1
6
-
R
e
n
t
o
n
-
0
0
1
2
9
P
r
o
j
e
c
t
T
i
t
l
e
:
H
a
r
r
i
n
g
t
o
n
A
v
e
N
E
G
r
e
e
n
C
o
n
n
e
c
t
i
o
n
s
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t
o
r
m
w
a
t
e
r
R
e
t
r
o
f
i
t
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r
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e
c
t
-
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h
a
s
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e
c
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p
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e
n
t
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a
m
e
.
C
i
t
y
o
f
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e
n
t
o
n
R
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C
I
P
I
E
N
T
.
E
C
O
L
O
G
Y
m
u
s
t
s
i
g
n
t
h
e
A
g
r
e
e
m
e
n
t
b
e
f
o
r
e
a
n
y
p
a
y
m
e
n
t
r
e
q
u
e
s
t
s
c
a
n
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e
s
u
b
m
i
t
t
e
d
.
b
)
P
a
y
m
e
n
t
s
w
i
l
l
b
e
m
a
d
e
o
n
a
r
e
i
m
b
u
r
s
a
b
l
e
b
a
s
i
s
f
o
r
a
p
p
r
o
v
e
d
a
n
d
c
o
m
p
l
e
t
e
d
w
o
r
k
a
s
s
p
e
c
i
f
i
e
d
i
n
t
h
i
s
A
g
r
e
e
m
e
n
t
.
c
)
R
E
C
I
P
I
E
N
T
i
s
r
e
s
p
o
n
s
i
b
l
e
t
o
d
e
t
e
r
m
i
n
e
i
f
c
o
s
t
s
a
r
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e
l
i
g
i
b
l
e
.
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n
y
q
u
e
s
t
i
o
n
s
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a
r
d
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n
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l
i
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b
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t
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s
h
o
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l
d
b
e
c
l
a
r
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f
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e
d
w
i
t
h
E
C
O
L
O
G
Y
p
r
i
o
r
t
o
i
n
c
u
r
r
i
n
g
c
o
s
t
s
.
C
o
s
t
s
t
h
a
t
a
r
e
c
o
n
d
i
t
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o
n
a
l
l
y
e
l
i
g
i
b
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m
a
y
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q
u
i
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a
p
p
r
o
v
a
l
b
y
E
C
O
L
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G
Y
p
r
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o
r
t
o
p
u
r
c
h
a
s
e
.
d
)
R
E
C
I
P
I
E
N
T
s
h
a
l
l
n
o
t
i
n
v
o
i
c
e
m
o
r
e
t
h
a
n
o
n
c
e
p
e
r
m
o
n
t
h
u
n
l
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s
s
a
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e
d
o
n
b
y
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C
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L
O
G
Y
.
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)
E
C
O
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0
/
2
0
1
5
A
G
E
N
D
A
I
T
E
M
#
8
.
q
)
St
a
t
e
of
Wa
s
h
i
n
g
t
o
n
De
p
a
r
t
m
e
n
t
o
f
Ec
o
l
o
g
y
Pa
g
e
34
o
f
40
Ag
r
e
e
m
e
n
t
No
:
WQ
C
-
2
0
1
6
-
R
e
n
t
o
n
-
0
0
1
2
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
n
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
i
o
n
s
St
o
r
m
w
a
t
e
r
Re
t
r
o
f
i
t
Pr
o
j
e
c
t
-
Ph
a
s
e
11
Re
c
i
p
i
e
n
t
Na
m
e
Ci
t
y
of
Re
n
t
o
n
aw
a
r
d
al
l
co
n
t
r
a
c
t
s
fo
r
co
n
s
t
r
u
c
t
i
o
n
,
pu
r
c
h
a
s
e
o
f
go
o
d
s
,
eq
u
i
p
m
e
n
t
,
se
r
v
i
c
e
s
,
an
d
pr
o
f
e
s
s
i
o
n
a
l
ar
c
h
i
t
e
c
t
u
r
a
l
an
d
en
g
i
n
e
e
r
i
n
g
se
r
v
i
c
e
s
th
r
o
u
g
h
a
co
m
p
e
t
i
t
i
v
e
pr
o
c
e
s
s
,
if
re
q
u
i
r
e
d
by
St
a
t
e
la
w
.
RE
C
I
P
I
E
N
T
is
re
q
u
i
r
e
d
to
fo
l
l
o
w
pr
o
c
u
r
e
m
e
n
t
pr
o
c
e
d
u
r
e
s
th
a
t
en
s
u
r
e
le
g
a
l
,
fa
i
r
,
an
d
op
e
n
co
m
p
e
t
i
t
i
o
n
.
RE
C
I
P
I
E
N
T
mc
i
s
t
ha
v
e
a
st
a
n
d
a
r
d
pr
o
c
u
r
e
m
e
n
t
pr
o
c
e
s
s
or
fo
l
l
o
w
cu
r
r
e
n
t
st
a
t
e
pr
o
c
u
r
e
m
e
n
t
pr
o
c
e
d
u
r
e
s
.
RE
C
I
P
I
E
N
T
ma
y
be
re
q
i
L
i
r
e
d
to
pr
o
v
i
d
e
wr
i
t
t
e
n
ce
r
t
i
f
i
c
a
t
i
o
n
th
a
t
th
e
y
ha
v
e
fo
l
L
o
w
e
d
th
e
i
r
st
a
n
d
a
r
d
pr
o
c
u
r
e
m
e
n
t
pr
o
c
e
d
u
r
e
s
an
d
ap
p
l
i
c
a
b
l
e
st
a
t
e
la
w
in
aw
a
r
d
i
n
g
co
n
t
r
a
c
t
s
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
.
EC
O
L
O
G
Y
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
in
s
p
e
c
t
an
d
re
q
u
e
s
t
co
p
i
e
s
o
f
al
l
pr
o
c
u
r
e
m
e
n
t
do
c
u
m
e
n
t
a
t
i
o
n
,
an
d
re
v
i
e
w
pr
o
c
u
r
e
m
e
n
t
pr
a
c
t
i
c
e
s
re
l
a
t
e
d
to
th
i
s
Ag
r
e
e
m
e
n
t
.
An
y
co
s
t
s
in
c
u
r
r
e
d
as
a
re
s
u
l
t
o
f
pr
o
c
u
r
e
m
e
n
t
pr
a
c
t
i
c
e
s
no
t
in
co
m
p
l
i
a
n
c
e
wi
t
h
st
a
t
e
pr
o
c
u
r
e
m
e
n
t
la
w
or
th
e
RE
C
I
P
I
E
N
T
’
s
no
r
m
a
l
pr
o
c
e
d
u
r
e
s
ma
y
be
di
s
a
l
l
o
w
e
d
at
EC
O
L
O
G
Y
’
s
so
l
e
di
s
c
r
e
t
i
o
n
.
10
.
DI
S
P
U
T
E
S
Wh
e
n
th
e
r
e
is
a
di
s
p
u
t
e
wi
t
h
re
g
a
r
d
to
th
e
ex
t
e
n
t
an
d
ch
a
r
a
c
t
e
r
o
f
th
e
wo
r
k
,
or
an
y
ot
h
e
r
ma
t
t
e
r
re
l
a
t
e
d
to
th
i
s
Ag
r
e
e
m
e
n
t
th
e
de
t
e
r
m
i
n
a
t
i
o
n
o
f
EC
O
L
O
G
Y
wi
l
l
go
v
e
r
n
,
al
t
h
o
u
g
h
th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
ha
v
e
th
e
ri
g
h
t
to
ap
p
e
a
l
de
c
i
s
i
o
n
s
as
pr
o
v
i
d
e
d
fo
r
be
l
o
w
:
a)
RE
C
I
P
I
E
N
T
no
t
i
f
i
e
s
th
e
fu
n
d
i
n
g
pr
o
g
r
a
m
o
f
an
ap
p
e
a
l
re
q
u
e
s
t
.
b)
Ap
p
e
a
l
re
q
u
e
s
t
mu
s
t
be
in
wr
i
t
i
n
g
an
d
st
a
t
e
th
e
di
s
p
u
t
e
d
is
s
u
e
(
s
)
.
c)
RE
C
I
P
I
E
N
T
ha
s
th
e
op
p
o
r
t
u
n
i
t
y
to
be
he
a
r
d
an
d
of
f
e
r
ev
i
d
e
n
c
e
in
su
p
p
o
r
t
of
it
s
ap
p
e
a
l
.
d)
EC
O
L
O
G
Y
re
v
i
e
w
s
th
e
RE
C
I
P
I
E
N
T
’
s
ap
p
e
a
l
.
e)
EC
O
L
O
G
Y
se
n
d
s
a
wr
i
t
t
e
n
an
s
w
e
r
wi
t
h
i
n
te
n
(1
0
)
bu
s
i
n
e
s
s
da
y
s
,
un
l
e
s
s
mo
r
e
ti
m
e
is
ne
e
d
e
d
,
af
t
e
r
co
n
c
l
u
d
i
n
g
th
e
re
v
i
e
w
.
Th
e
de
c
i
s
i
o
n
of
EC
O
L
O
G
Y
fr
o
m
an
ap
p
e
a
l
wi
l
l
be
fi
n
a
l
an
d
co
n
c
l
u
s
i
v
e
,
un
l
e
s
s
wi
t
h
i
n
th
i
r
t
y
(3
0
)
da
y
s
fr
o
m
th
e
da
t
e
o
f
su
c
h
de
c
i
s
i
o
n
,
th
e
RE
C
I
P
I
E
N
T
fu
r
n
i
s
h
e
s
to
th
e
Di
r
e
c
t
o
r
o
f
EC
O
L
O
G
Y
a
wr
i
t
t
e
n
ap
p
e
a
l
.
Th
e
de
c
i
s
i
o
n
o
f
th
e
Di
r
e
c
t
o
r
or
du
l
y
au
t
h
o
r
i
z
e
d
re
p
r
e
s
e
n
t
a
t
i
v
e
wi
l
l
be
fi
n
a
l
an
d
co
n
c
l
u
s
i
v
e
.
Th
e
pa
r
t
i
e
s
ag
r
e
e
th
a
t
th
i
s
di
s
p
u
t
e
pr
o
c
e
s
s
wi
l
l
pr
e
c
e
d
e
an
y
ac
t
i
o
n
in
a
ju
d
i
c
i
a
l
or
qu
a
s
i
-
j
u
d
i
c
i
a
l
tr
i
b
u
n
a
l
.
Ap
p
e
a
l
s
o
f
th
e
Di
r
e
c
t
o
r
’
s
de
c
i
s
i
o
n
wi
l
l
be
br
o
u
g
h
t
in
th
e
Su
p
e
r
i
o
r
Co
u
r
t
o
f
Th
u
r
s
t
o
n
Co
u
n
t
y
.
Re
v
i
e
w
o
f
th
e
Di
r
e
c
t
o
r
’
s
de
c
i
s
i
o
n
wi
l
l
no
t
be
ta
k
e
n
to
En
v
i
r
o
n
m
e
n
t
a
l
an
d
La
n
d
Us
e
He
a
r
i
n
g
s
Of
f
i
c
e
.
Pe
n
d
i
n
g
fi
n
a
l
de
c
i
s
i
o
n
o
f
a
di
s
p
u
t
e
,
th
e
RE
C
I
P
I
E
N
T
ag
r
e
e
s
to
pr
o
c
e
e
d
di
l
i
g
e
n
t
l
y
wi
t
h
th
e
pe
r
f
o
r
m
a
n
c
e
of
th
i
s
Ag
r
e
e
m
e
n
t
an
d
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
de
c
i
s
i
o
n
re
n
d
e
r
e
d
.
No
t
h
i
n
g
in
th
i
s
co
n
t
r
a
c
t
wi
l
l
be
co
n
s
t
r
u
e
d
to
li
m
i
t
th
e
pa
r
t
i
e
s
’
ch
o
i
c
e
o
f
an
o
t
h
e
r
mu
t
u
a
l
l
y
ac
c
e
p
t
a
b
l
e
me
t
h
o
d
,
in
ad
d
i
t
i
o
n
to
th
e
di
s
p
u
t
e
re
s
o
l
u
t
i
o
n
pr
o
c
e
d
u
r
e
ou
t
l
i
n
e
d
ab
o
v
e
.
11
.
EN
V
I
R
O
N
M
E
N
T
A
L
ST
A
N
D
A
R
D
S
a)
RE
C
I
P
I
E
N
T
S
wh
o
co
l
l
e
c
t
en
v
i
r
o
n
m
e
n
t
a
l
-
m
o
n
i
t
o
r
i
n
g
da
t
a
mu
s
t
pr
o
v
i
d
e
th
e
s
e
da
t
a
to
EC
O
L
O
G
Y
us
i
n
g
th
e
En
v
i
r
o
n
m
e
n
t
a
l
In
f
o
r
m
a
t
i
o
n
Ma
n
a
g
e
m
e
n
t
Sy
s
t
e
m
(E
l
M
)
.
To
sa
t
i
s
f
y
th
i
s
re
q
u
i
r
e
m
e
n
t
th
e
s
e
da
t
a
mu
s
t
be
su
c
c
e
s
s
f
u
l
l
y
lo
a
d
e
d
in
t
o
El
M
,
se
e
in
s
t
r
u
c
t
i
o
n
s
on
th
e
El
M
we
b
s
i
t
e
at
:
ht
t
p
:
/
/
w
w
w
.
e
c
y
.
w
a
.
g
o
v
/
e
i
m
.
b)
RE
C
I
P
I
E
N
T
S
ar
e
re
q
u
i
r
e
d
to
fo
l
l
o
w
EC
O
L
O
G
Y
’
s
da
t
a
st
a
n
d
a
r
d
s
wh
e
n
Ge
o
g
r
a
p
h
i
c
In
f
o
r
m
a
t
i
o
n
Sy
s
t
e
m
(G
I
S
)
da
t
a
ar
e
co
l
l
e
c
t
e
d
an
d
pr
o
c
e
s
s
e
d
.
Mo
r
e
in
f
o
r
m
a
t
i
o
n
an
d
re
q
u
i
r
e
m
e
n
t
s
ar
e
av
a
i
l
a
b
l
e
at
:
ht
t
p
:
/
/
w
w
w
.
e
c
y
.
w
a
.
g
o
v
/
s
e
r
v
i
c
e
s
/
g
i
s
/
d
a
t
a
l
s
t
a
n
d
a
r
d
s
/
s
t
a
n
d
a
r
d
s
.
h
t
m
.
RE
C
I
P
I
E
N
T
S
sh
a
l
l
pr
o
v
i
d
e
co
p
i
e
s
to
EC
O
L
O
G
Y
o
f
al
l
fi
n
a
l
GI
S
da
t
a
la
y
e
r
s
,
im
a
g
e
r
y
,
re
l
a
t
e
d
ta
b
l
e
s
,
ra
w
da
t
a
co
l
l
e
c
t
i
o
n
fi
l
e
s
,
ma
p
pr
o
d
u
c
t
s
,
an
d
al
l
me
t
a
d
a
t
a
an
d
pr
o
j
e
c
t
do
c
u
m
e
n
t
a
t
i
o
n
.
Ve
r
s
i
o
n
10
/
3
0
/
2
0
15
AG
E
N
D
A
I
T
E
M
#
8
.
q
)
S
t
a
t
e
o
f
W
a
s
h
i
n
g
t
o
n
D
e
p
a
r
t
m
e
n
t
o
f
E
c
o
l
o
g
y
P
a
g
e
3
5
o
f
4
0
A
g
r
e
e
m
e
n
t
N
o
:
W
Q
C
-
2
0
1
6
-
R
e
n
t
o
n
-
0
0
1
2
9
P
r
o
j
e
c
t
T
i
t
l
e
:
H
a
r
r
i
n
g
t
o
n
A
v
e
N
E
G
r
e
e
n
C
o
n
n
e
c
t
i
o
n
s
S
t
o
r
m
w
a
t
e
r
R
e
t
r
o
f
i
t
P
r
o
j
e
c
t
-
P
h
a
s
e
I
I
R
e
c
i
p
i
e
n
t
N
a
m
e
.
C
i
t
y
o
f
R
e
n
t
o
n
c
)
R
E
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1
5
A
G
E
N
D
A
I
T
E
M
#
8
.
q
)
St
a
t
e
of
Wa
s
h
i
n
g
t
o
n
De
p
a
r
t
m
e
n
t
o
f
Ec
o
l
o
g
y
Pa
g
e
36
of
40
Ag
r
e
e
m
e
n
t
No
WQ
C
-
2
0
16
-
R
e
n
t
o
n
-
0
0
12
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
i
o
n
s
St
o
m
s
w
a
t
e
r
Re
t
r
o
f
i
t
Pr
o
j
e
c
t
-
Ph
a
s
e
II
Re
c
i
p
i
e
n
t
Na
m
e
Ci
t
y
of
Re
n
t
o
n
by
gi
v
i
n
g
pr
e
c
e
d
e
n
c
e
in
th
e
fo
l
l
o
w
i
n
g
or
d
e
r
:
(a
)
ap
p
l
i
c
a
b
l
e
fe
d
e
r
a
l
an
d
st
a
t
e
st
a
t
u
t
e
s
an
d
re
g
u
l
a
t
i
o
n
s
;
(b
)
Th
e
Ag
r
e
e
m
e
n
t
;
(c
)
Sc
o
p
e
o
f
Wo
r
k
;
(d
)
Sp
e
c
i
a
l
Te
r
m
s
an
d
Co
n
d
i
t
i
o
n
s
;
(e
)
An
y
pr
o
v
i
s
i
o
n
s
or
te
r
m
s
in
c
o
r
p
o
r
a
t
e
d
he
r
e
i
n
by
re
f
e
r
e
n
c
e
,
in
c
l
u
d
i
n
g
th
e
‘A
d
m
i
n
i
s
t
r
a
t
i
v
e
Re
q
u
i
r
e
m
e
n
t
s
fo
r
Re
c
i
p
i
e
n
t
s
o
f
Ec
o
l
o
g
y
Gr
a
n
t
s
an
d
Lo
a
n
s
”
;
an
d
(f
)
th
e
Ge
n
e
r
a
l
Te
r
m
s
an
d
Co
n
d
i
t
i
o
n
s
.
1$
.
PR
E
S
E
N
T
A
T
I
O
N
AN
D
PR
O
M
O
T
I
O
N
A
L
MA
T
E
R
I
A
L
S
EC
O
L
O
G
Y
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
ap
p
r
o
v
e
RE
C
I
P
I
E
N
T
’
s
co
m
m
u
n
i
c
a
t
i
o
n
do
c
u
m
e
n
t
s
an
d
ma
t
e
r
i
a
l
s
re
l
a
t
e
d
to
th
e
fu
l
f
i
l
l
m
e
n
t
o
f
th
i
s
Ag
r
e
e
m
e
n
t
:
a)
If
re
q
u
e
s
t
e
d
,
RE
C
I
P
I
E
N
T
sh
a
l
l
pr
o
v
i
d
e
a
dr
a
f
t
co
p
y
to
EC
O
L
O
G
Y
fo
r
re
v
i
e
w
an
d
ap
p
r
o
v
a
l
te
n
(1
0
)
bu
s
i
n
e
s
s
da
y
s
pr
i
o
r
to
pr
o
d
u
c
t
i
o
n
an
d
di
s
t
r
i
b
u
t
i
o
n
.
b)
RE
C
I
P
I
E
N
T
sh
a
l
l
in
c
l
u
d
e
ti
m
e
fo
r
EC
O
L
O
G
Y
’
s
re
v
i
e
w
an
d
ap
p
r
o
v
a
l
pr
o
c
e
s
s
in
th
e
i
r
pr
o
j
e
c
t
ti
m
e
l
i
n
e
.
c)
If
re
q
u
e
s
t
e
d
,
RE
C
I
P
I
E
N
T
sh
a
l
l
pr
o
v
i
d
e
EC
O
L
O
G
Y
tw
o
(2
)
fi
n
a
l
co
p
i
e
s
an
d
an
el
e
c
t
r
o
n
i
c
co
p
y
o
f
an
y
ta
n
g
i
b
l
e
pr
o
d
u
c
t
s
de
v
e
l
o
p
e
d
.
Co
p
i
e
s
in
c
l
u
d
e
an
y
pr
i
n
t
e
d
ma
t
e
r
i
a
l
s
,
an
d
al
l
ta
n
g
i
b
l
e
pr
o
d
u
c
t
s
de
v
e
l
o
p
e
d
su
c
h
as
br
o
c
h
u
r
e
s
,
ma
n
u
a
l
s
,
pa
m
p
h
l
e
t
s
,
vi
d
e
o
s
,
au
d
i
o
ta
p
e
s
,
CD
s
,
cu
r
r
i
c
u
l
u
m
,
po
s
t
e
r
s
,
me
d
i
a
an
n
o
u
n
c
e
m
e
n
t
s
,
or
ga
d
g
e
t
s
wi
t
h
a
me
s
s
a
g
e
,
su
c
h
as
a
re
f
r
i
g
e
r
a
t
o
r
ma
g
n
e
t
,
an
d
an
y
on
l
i
n
e
co
m
m
u
n
i
c
a
t
i
o
n
s
,
su
c
h
as
we
b
pa
g
e
s
,
bl
o
g
s
,
an
d
tw
i
t
t
e
r
ca
m
p
a
i
g
n
s
.
I
f
it
is
no
t
pr
a
c
t
i
c
a
l
to
pr
o
v
i
d
e
a
co
p
y
,
th
e
n
th
e
RE
C
I
P
I
E
N
T
sh
a
l
l
pr
o
v
i
d
e
a
de
s
c
r
i
p
t
i
o
n
(p
h
o
t
o
g
r
a
p
h
s
,
dr
a
w
i
n
g
s
,
pr
i
n
t
o
u
t
s
,
et
c
.
)
th
a
t
be
s
t
re
p
r
e
s
e
n
t
s
th
e
it
e
m
.
An
y
co
m
m
u
n
i
c
a
t
i
o
n
s
in
t
e
n
d
e
d
fo
r
pu
b
l
i
c
di
s
t
r
i
b
u
t
i
o
n
th
a
t
us
e
s
EC
O
L
O
G
Y
’
s
lo
g
o
sh
a
l
l
co
m
p
l
y
wi
t
h
EC
O
L
O
G
Y
’
s
gr
a
p
h
i
c
re
q
u
i
r
e
m
e
n
t
s
an
d
an
y
ad
d
i
t
i
o
n
a
l
re
q
u
i
r
e
m
e
n
t
s
sp
e
c
i
f
i
e
d
in
th
i
s
Ag
r
e
e
m
e
n
t
.
Be
f
o
r
e
th
e
us
e
o
f
EC
O
L
O
G
Y
’
s
lo
g
o
co
n
t
a
c
t
EC
O
L
O
G
Y
fo
r
gu
i
d
e
l
i
n
e
s
.
RE
C
I
P
I
E
N
T
sh
a
l
l
ac
k
n
o
w
l
e
d
g
e
in
th
e
co
m
m
u
n
i
c
a
t
i
o
n
s
th
a
t
fu
n
d
i
n
g
wa
s
pr
o
v
i
d
e
d
by
EC
O
L
O
G
Y
.
19
.
PR
O
G
R
E
S
S
RE
P
O
R
T
I
N
G
a)
RE
C
I
P
I
E
N
T
mu
s
t
sa
t
i
s
f
a
c
t
o
r
i
l
y
de
m
o
n
s
t
r
a
t
e
th
e
ti
m
e
l
y
us
e
o
f
fu
n
d
s
by
su
b
m
i
t
t
i
n
g
pa
y
m
e
n
t
re
q
u
e
s
t
s
an
d
pr
o
g
r
e
s
s
re
p
o
r
t
s
to
EC
O
L
O
G
Y
.
EC
O
L
O
G
Y
re
s
e
r
v
e
s
th
e
ri
g
h
t
to
am
e
n
d
or
te
r
m
i
n
a
t
e
th
i
s
Ag
r
e
e
m
e
n
t
if
th
e
RE
C
I
P
I
E
N
T
do
e
s
no
t
do
c
u
m
e
n
t
ti
m
e
l
y
us
e
o
f
fu
n
d
s
.
b)
RE
C
I
P
I
E
N
T
mu
s
t
su
b
m
i
t
a
pr
o
g
r
e
s
s
re
p
o
r
t
wi
t
h
ea
c
h
pa
y
m
e
n
t
re
q
u
e
s
t
.
Pa
y
m
e
n
t
re
q
u
e
s
t
s
wi
l
l
no
t
be
pr
o
c
e
s
s
e
d
wi
t
h
o
u
t
a
pr
o
g
r
e
s
s
re
p
o
r
t
.
EC
O
L
O
G
Y
wi
l
l
de
f
i
n
e
th
e
el
e
m
e
n
t
s
an
d
fr
e
q
u
e
n
c
y
o
f
pr
o
g
r
e
s
s
re
p
o
r
t
s
.
c)
RE
C
I
P
I
E
N
T
sh
a
l
l
us
e
EC
O
L
O
G
Y
’
s
pr
o
v
i
d
e
d
pr
o
g
r
e
s
s
re
p
o
r
t
fo
r
m
a
t
.
d)
Qu
a
r
t
e
r
l
y
pr
o
g
r
e
s
s
re
p
o
r
t
s
wi
l
l
co
v
e
r
th
e
pe
r
i
o
d
s
fr
o
m
Ja
n
u
a
r
y
1
th
r
o
u
g
h
Ma
r
c
h
31
,
Ap
r
i
l
1
th
r
o
u
g
h
Ju
n
e
30
,
Ju
l
y
1
th
r
o
u
g
h
Se
p
t
e
m
b
e
r
30
,
an
d
Oc
t
o
b
e
r
1
th
r
o
u
g
h
De
c
e
m
b
e
r
31
.
Re
p
o
r
t
s
sh
a
l
l
be
su
b
m
i
t
t
e
d
wi
t
h
i
n
th
i
r
t
y
(3
0
)
da
y
s
af
t
e
r
th
e
en
d
o
f
th
e
qu
a
r
t
e
r
be
i
n
g
re
p
o
r
t
e
d
.
e)
RE
C
I
P
I
E
N
T
sh
a
l
l
su
b
m
i
t
th
e
Cl
o
s
e
o
u
t
Re
p
o
r
t
wi
t
h
i
n
th
i
r
t
y
(3
0
)
da
y
s
o
f
th
e
ex
p
i
r
a
t
i
o
n
da
t
e
o
f
th
e
pr
o
j
e
c
t
,
un
l
e
s
s
an
ex
t
e
n
s
i
o
n
ha
s
be
e
n
ap
p
r
o
v
e
d
by
EC
O
L
O
G
Y
.
RE
C
I
P
I
E
N
T
sh
a
l
l
us
e
th
e
EC
O
L
O
G
Y
pr
o
v
i
d
e
d
cl
o
s
e
o
u
t
re
p
o
r
t
fo
r
m
a
t
.
20
.
PR
O
P
E
R
T
Y
RI
G
H
T
S
a)
Co
p
y
r
i
g
h
t
s
an
d
Pa
t
e
n
t
s
.
Wh
e
n
th
e
RE
C
I
P
I
E
N
T
cr
e
a
t
e
s
an
y
co
p
y
r
i
g
h
t
a
b
l
e
ma
t
e
r
i
a
l
s
or
in
v
e
n
t
s
an
y
pa
t
e
n
t
a
b
l
e
pr
o
p
e
r
t
y
un
d
e
r
th
i
s
ag
r
e
e
m
e
n
t
,
th
e
RE
C
I
P
I
E
N
T
ma
y
co
p
y
r
i
g
h
t
or
pa
t
e
n
t
th
e
sa
m
e
bu
t
EC
O
L
O
G
Y
re
t
a
i
n
s
a
ro
y
a
l
t
y
fr
e
e
,
no
n
e
x
c
l
u
s
i
v
e
,
an
d
ir
r
e
v
o
c
a
b
l
e
li
c
e
n
s
e
to
re
p
r
o
d
u
c
e
,
pu
b
l
i
s
h
,
re
c
o
v
e
r
,
or
ot
h
e
r
w
i
s
e
us
e
th
e
ma
t
e
r
i
a
l
(
s
)
or
pr
o
p
e
r
t
y
,
an
d
to
au
t
h
o
r
i
z
e
ot
h
e
r
s
to
us
e
th
e
sa
m
e
fo
r
fe
d
e
r
a
l
,
st
a
t
e
,
or
lo
c
a
l
go
v
e
r
n
m
e
n
t
pu
r
p
o
s
e
s
.
b)
Pu
b
l
i
c
a
t
i
o
n
s
.
Wh
e
n
th
e
RE
C
I
P
I
E
N
T
or
pe
r
s
o
n
s
em
p
l
o
y
e
d
by
th
e
RE
C
I
P
I
E
N
T
us
e
or
pu
b
l
i
s
h
EC
O
L
O
G
Y
in
f
o
r
m
a
t
i
o
n
;
pr
e
s
e
n
t
pa
p
e
r
s
,
le
c
t
u
r
e
s
,
or
se
m
i
n
a
r
s
in
v
o
l
v
i
n
g
in
f
o
r
m
a
t
i
o
n
su
p
p
l
i
e
d
by
EC
O
L
O
G
Y
;
or
us
e
lo
g
o
s
,
re
p
o
r
t
s
,
ma
p
s
,
or
ot
h
e
r
da
t
a
in
pr
i
n
t
e
d
re
p
o
r
t
s
,
si
g
n
s
,
br
o
c
h
u
r
e
s
,
pa
m
p
h
l
e
t
s
,
et
c
.
,
ap
p
r
o
p
r
i
a
t
e
cr
e
d
i
t
sh
a
l
l
be
gi
v
e
n
to
EC
O
L
O
G
Y
.
c)
Pr
e
s
e
n
t
a
t
i
o
n
an
d
Pr
o
m
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o
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o
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a
p
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r
i
o
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o
f
a
t
l
e
a
s
t
t
h
r
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e
(
3
)
y
e
a
r
s
a
f
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f
i
n
a
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h
a
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t
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a
k
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a
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d
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u
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m
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f
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n
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u
d
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t
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r
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p
e
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t
i
o
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i
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t
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f
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’
d
i
s
c
r
e
p
a
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n
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h
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e
c
o
r
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s
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C
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L
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r
e
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r
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r
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a
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g
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d
t
h
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r
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p
a
r
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u
d
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a
p
p
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a
b
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o
r
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s
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o
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n
s
u
r
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t
h
a
t
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t
a
t
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h
a
s
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e
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n
p
r
o
p
e
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l
y
i
n
v
o
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c
e
d
.
A
n
y
r
e
m
e
d
i
e
s
a
n
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p
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l
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y
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a
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r
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o
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w
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f
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d
.
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e
p
e
t
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t
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v
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a
n
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f
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n
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t
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n
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o
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c
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n
a
d
e
q
u
a
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y
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e
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c
a
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o
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t
e
r
m
i
n
a
t
i
o
n
.
A
l
l
w
o
r
k
p
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r
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o
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m
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d
u
n
d
e
r
t
h
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s
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g
r
e
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m
e
n
t
a
n
d
a
n
y
p
r
o
p
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r
t
y
a
n
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e
q
u
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p
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t
p
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r
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h
a
s
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d
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h
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l
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b
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m
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d
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n
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s
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a
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r
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t
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m
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o
f
t
h
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A
g
r
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e
m
e
n
t
a
n
d
f
o
r
a
t
l
e
a
s
t
t
h
r
e
e
(
3
)
y
e
a
r
s
f
o
l
l
o
w
i
n
g
g
r
a
n
t
o
r
l
o
a
n
t
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m
i
n
a
t
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d
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s
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e
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n
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r
.
V
e
r
s
i
o
n
1
0
/
3
0
/
2
0
1
5
A
G
E
N
D
A
I
T
E
M
#
8
.
q
)
St
a
t
e
of
Wa
s
h
i
n
g
t
o
n
De
p
a
r
t
m
e
n
t
o
f
Ec
o
l
o
g
y
Pa
g
e
38
o
f
40
Ag
r
e
e
m
e
n
t
No
:
WQ
C
-
2
0
I
6-
R
e
n
t
o
n
-
0
0
12
9
Pr
o
j
e
c
t
Ti
t
l
e
:
Ha
r
r
i
n
g
t
o
n
Av
e
NE
Gr
e
e
n
Co
n
n
e
c
t
i
o
n
s
St
o
r
m
w
a
t
e
r
Re
t
r
o
f
i
t
Pr
o
j
e
c
t
-
Ph
a
s
e
II
Re
c
i
p
i
e
n
t
Na
m
e
:
Ci
t
y
of
Re
n
t
o
n
RE
C
I
P
I
E
N
T
sh
a
l
l
pr
o
v
i
d
e
ri
g
h
t
o
f
ac
c
e
s
s
to
EC
O
L
O
G
Y
,
or
an
y
ot
h
e
r
au
t
h
o
r
i
z
e
d
re
p
r
e
s
e
n
t
a
t
i
v
e
,
at
al
l
re
a
s
o
n
a
b
l
e
ti
m
e
s
,
in
or
d
e
r
to
mo
n
i
t
o
r
an
d
ev
a
l
u
a
t
e
pe
r
f
o
r
m
a
n
c
e
,
co
m
p
l
i
a
n
c
e
,
an
d
an
y
ot
h
e
r
co
n
d
i
t
i
o
n
s
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
.
22
.
RE
C
O
V
E
R
Y
OF
FU
I
’
J
D
S
Th
e
ri
g
h
t
o
f
th
e
RE
C
I
P
I
E
N
T
to
re
t
a
i
n
mo
n
i
e
s
re
c
e
i
v
e
d
as
re
i
m
b
t
i
r
s
e
m
e
n
t
pa
y
m
e
n
t
s
is
co
n
t
i
n
g
e
n
t
up
o
n
sa
t
i
s
f
a
c
t
o
r
y
pe
r
f
o
r
m
a
n
c
e
o
f
th
i
s
Ag
r
e
e
m
e
n
t
an
d
co
m
p
l
e
t
i
o
n
o
f
th
e
wo
r
k
de
s
c
r
i
b
e
d
in
th
e
Sc
o
p
e
o
f
Wo
r
k
.
Al
l
pa
y
m
e
n
t
s
to
th
e
RE
C
I
P
I
E
N
T
ar
e
su
b
j
e
c
t
to
ap
p
r
o
v
a
l
an
d
au
d
i
t
by
EC
O
L
O
G
Y
,
an
d
an
y
un
a
u
t
h
o
r
i
z
e
d
ex
p
e
n
d
i
t
u
r
e
(
s
)
or
un
a
l
l
o
w
a
b
l
e
co
s
t
ch
a
r
g
e
d
to
th
i
s
ag
r
e
e
m
e
n
t
sh
a
l
l
be
re
f
u
n
d
e
d
to
EC
O
L
O
G
Y
by
th
e
RE
C
I
P
I
E
N
T
.
RE
C
I
P
I
E
N
T
sh
a
l
l
re
f
u
n
d
to
EC
O
L
O
G
Y
th
e
fu
l
l
am
o
u
n
t
o
f
an
y
er
r
o
n
e
o
u
s
pa
y
m
e
n
t
or
ov
e
r
p
a
y
m
e
n
t
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
.
RE
C
I
P
I
E
N
T
sh
a
l
l
re
f
u
n
d
by
ch
e
c
k
pa
y
a
b
l
e
to
EC
O
L
O
G
Y
th
e
am
o
u
n
t
o
f
an
y
su
c
h
re
d
u
c
t
i
o
n
o
f
pa
y
m
e
n
t
s
or
re
p
a
y
m
e
n
t
s
wi
t
h
i
n
th
i
r
t
y
(3
0
)
da
y
s
o
f
a
wr
i
t
t
e
n
no
t
i
c
e
.
In
t
e
r
e
s
t
wi
l
l
ac
c
r
u
e
at
th
e
ra
t
e
o
f
tw
e
l
v
e
pe
r
c
e
n
t
(1
2
%
)
pe
r
ye
a
r
fr
o
m
th
e
ti
m
e
EC
O
L
O
G
Y
de
m
a
n
d
s
re
p
a
y
m
e
n
t
o
f
fu
n
d
s
.
An
y
pr
o
p
e
r
t
y
ac
q
u
i
r
e
d
un
d
e
r
th
i
s
Ag
r
e
e
m
e
n
t
,
at
th
e
op
t
i
o
n
o
f
EC
O
L
O
G
Y
,
ma
y
be
c
o
m
e
EC
O
L
O
G
Y
’
s
pr
o
p
e
r
t
y
an
d
th
e
RE
C
I
P
I
E
N
T
’
s
li
a
b
i
l
i
t
y
to
re
p
a
y
mo
n
i
e
s
wi
l
l
be
re
d
u
c
e
d
by
an
am
o
u
n
t
re
f
l
e
c
t
i
n
g
th
e
fa
i
r
va
l
u
e
o
f
su
c
h
pr
o
p
e
r
t
y
.
23
.
SE
V
E
R
A
B
I
L
I
T
Y
I
f
an
y
pr
o
v
i
s
i
o
n
o
f
th
i
s
Ag
r
e
e
m
e
n
t
or
an
y
pr
o
v
i
s
i
o
n
o
f
an
y
do
c
u
m
e
n
t
in
c
o
r
p
o
r
a
t
e
d
by
re
f
e
r
e
n
c
e
sh
a
l
l
be
he
l
d
in
v
a
l
i
d
,
su
c
h
in
v
a
l
i
d
i
t
y
sh
a
l
l
no
t
af
f
e
c
t
th
e
ot
h
e
r
pr
o
v
i
s
i
o
n
s
o
f
th
i
s
Ag
r
e
e
m
e
n
t
wh
i
c
h
ca
n
be
gi
v
e
n
ef
f
e
c
t
wi
t
h
o
u
t
th
e
in
v
a
l
i
d
pr
o
v
i
s
i
o
n
,
an
d
to
th
i
s
en
d
th
e
pr
o
v
i
s
i
o
n
s
o
f
th
i
s
Ag
r
e
e
m
e
n
t
ar
e
de
c
l
a
r
e
d
to
be
se
v
e
r
a
b
l
e
.
24
.
ST
A
T
E
EN
V
I
R
O
N
M
E
N
T
A
L
PO
L
I
C
Y
AC
T
(S
E
P
A
)
RE
C
I
P
I
E
N
T
mu
s
t
de
m
o
n
s
t
r
a
t
e
to
EC
O
L
O
G
Y
’
s
sa
t
i
s
f
a
c
t
i
o
n
th
a
t
co
m
p
l
i
a
n
c
e
wi
t
h
th
e
re
q
u
i
r
e
m
e
n
t
s
o
f
th
e
St
a
t
e
En
v
i
r
o
n
m
e
n
t
a
l
Po
l
i
c
y
Ac
t
(C
h
a
p
t
e
r
43
.
2
1
C
RC
W
an
d
Ch
a
p
t
e
r
19
7
-
1
1
WA
C
)
ha
v
e
be
e
n
or
wi
l
l
be
me
t
.
An
y
re
i
m
b
u
r
s
e
m
e
n
t
s
ar
e
su
b
j
e
c
t
to
th
i
s
pr
o
v
i
s
i
o
n
.
25
.
SU
S
P
E
N
S
I
O
N
Wh
e
n
in
th
e
be
s
t
in
t
e
r
e
s
t
o
f
EC
O
L
O
G
Y
,
EC
O
L
O
G
Y
ma
y
at
an
y
ti
m
e
,
an
d
wi
t
h
o
u
t
ca
u
s
e
,
su
s
p
e
n
d
th
i
s
Ag
r
e
e
m
e
n
t
or
an
y
po
r
t
i
o
n
th
e
r
e
o
f
fo
r
a
te
m
p
o
r
a
r
y
pe
r
i
o
d
by
wr
i
t
t
e
n
no
t
i
c
e
fr
o
m
EC
O
L
O
G
Y
to
th
e
RE
C
I
P
I
E
N
T
.
RE
C
I
P
I
E
N
T
sh
a
l
l
re
s
u
m
e
pe
r
f
o
r
m
a
n
c
e
on
th
e
ne
x
t
bu
s
i
n
e
s
s
da
y
fo
l
l
o
w
i
n
g
th
e
su
s
p
e
n
s
i
o
n
pe
r
i
o
d
un
l
e
s
s
an
o
t
h
e
r
da
y
is
sp
e
c
i
f
i
e
d
by
EC
O
L
O
G
Y
.
26
.
SU
S
T
A
I
N
A
B
L
E
PR
A
C
T
I
C
E
S
In
or
d
e
r
to
su
s
t
a
i
n
Wa
s
h
i
n
g
t
o
n
’
s
na
t
u
r
a
l
re
s
o
t
t
r
c
e
s
an
d
ec
o
s
y
s
t
e
m
s
,
th
e
RE
C
I
P
I
E
N
T
is
fu
l
l
y
en
c
o
u
r
a
g
e
d
to
im
p
l
e
m
e
n
t
su
s
t
a
i
n
a
b
l
e
pr
a
c
t
i
c
e
s
an
d
to
pu
r
c
h
a
s
e
en
v
i
r
o
n
m
e
n
t
a
l
l
y
pr
e
f
e
r
a
b
l
e
pr
o
d
u
c
t
s
un
d
e
r
th
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#
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#
8
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AB - 1715
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Agreement for Professional Services for the Kennydale 320-Pressure
Zone Reservoir Pre-Design Project with Murray, Smith & Associates,
Inc.
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Tom Malphrus, Water Utility Engineer
EXT.: 7313
FISCAL IMPACT SUMMARY:
The amount of the proposed consultant contract with Murray, Smith & Associates, Inc. is $419,500 and the
estimated cost for staff time for project management and for contingency is $80,500 resulting in an estimated
total cost of $500,000. The 2016 approved Water Utility’s budget for this project is $300,000. The Water
Utility is requesting a transfer of $200,000 from the approved 2016 Capital Improvement Program
Transmission Main Replacement account (425.455596) to the Kennydale 320-Pressure Zone Reservoir account
(425.455606). The transfer will be included in the next quarterly budget adjustment and it does not impact
the total 2016 approved appropriation.
SUMMARY OF ACTION:
The Water Utility has gone through the consultant selection process per City’s contracting policy and has
selected Murray, Smith & Associates, Inc. (MSA) to perform the preliminary design for the Kennydale 320-
Pressure Zone Reservoir. The consultant’s work includes the preparation of plans and exhibits for submittals
to the City’s Community and Economic Development Department for environmental review, conditional use
permit, site plan review and property short platting for the proposed Fire Station 15 and the Kennydale 320 -
Pressure Reservoir projects. The work also includes site survey, geo-technical investigations, stormwater
analyses, water system hydraulic analyses, reservoir sizing, site u tilities and roadway improvements and the
development of a project pre-design report to be submitted to the Washington State Department of Health
for review and approval. MSA will also conduct the public information and outreach campaign for these
projects in coordination with the City of Renton Communications Division.
The Water Utility and the Community Services Department staff will submit a joint land-use application for the
reservoir and the fire station projects to save staff time and City funds fo r the review and processing of the
required permits. MSA will coordinate the land-use application with the architect for Fire Station 15 that will
be selected by the Community Services Department.
EXHIBITS:
A. Agreement for Professional Services
B. Vicinity Map
STAFF RECOMMENDATION:
Execute the Agreement for Professional Services for the Kennydale 320-Pressure Zone Reservoir Pre-Design
Project with Murray, Smith & Associates, Inc. in the amount of $419,500, and approve the transfer of
$200,000 from the approved 2016 Capital Improvement Program Transmission Main Replacement account
AGENDA ITEM #8. r)
(425.455596) to the Kennydale 320-Pressure Zone Reservoir account (425.455606). The transfer will be
included in the next quarterly budget adjustment.
AGENDA ITEM #8. r)
_
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City of Renton
Kennydale 320 Zone Reservoir -Preliminary Design
EXHIBIT C:FEE ESTIMATE
USA Labor Hours and Costs Subconsultant F...USA Es ens..T —Arborist G.otech Landscape Structural Total Sub —Prbing.total
Task Engr V Engr IV Engr N VII Des It Tech IV Mrmnl USA La r DHA Public El UPS IOWA RVLA PSE Fee Mileage CAD Other Exp.nas.
101 Project Management
101.1 Project Stalus Reporting 36 $2,496 36 $0 50 520 20
101.2 Staff and Subconsultant Management 10 1 $710 11 $0 $0 $20 20
101.3 Invoices and Budget Oversight 2 6 3 5605 13 $0 $0 550 50
101.4 Project Schedule 2 4 3 $327 9 $0 $0 $20 20
101.5 Quality Assurance/Quality Control 15 38 2 52,668 55 50 $0 $20 20
Task 101 Subtotal 19 96 0 0 0 0 9 56,806 124 $0 $0 $0 $0 $0 $0 $0 $0 $0 $130 130
201 Project Coordination
201.1 Kick-off Meeting 8 4 12 1 51.463 25 $0 $50 $0 $20 70
201.2 Coordination with City Public Works Dept 16 8 24 16 2 -53.387 66 so 5400 50 $40 440
201.3 Coordination with City CS Dept 14 22 12 2 $2,484 50 $0 $300 SO 540 340
Task 201 Subtota 0 38 12 55 28 0 5 *7,334 141 $0 $0 $0 $0 $0 $0 $0 $750 $0 $100 850
202 Public_Outreach
202.1 Outreach and Communication Plan 2 $4 510,328 $10,326 $50 $0 $10 60
202.2 Property Owner Outreach ——4 $4 8 53,350 3350 $50 $0 $10 60
202.3 Community Outreach 4 $4 8 $25,081 525.081 $100 $0 $10 ItO
202.4 Communication Tracking and Response 2 32 4 $4,198 $4,198 $0 510 10
Task 202 Subtota 0 12 0 12 0 0 0 $1.4 24 58 $42,955 $0 $0 $0 $0 $42,955 $200 $0 $40 240
203 Data Collection and Utility Coordination
203.1 Data Request List 1 2 4 $2 7 $0 $0 $10 10
203,2 Review Data and Information i 6 8 $6 15 50 $0 $10 10
203.3 Utility Coordination and Analysis 1 4 12 2 56 19 50 $50 $36 $40 126
Task2o3Subtota 0 3 0 12 24 2 0 $1.5 41 $0 $0 $0 $0 $0 $0 $0 $50 $36 $60 146
204 Tree Assessment and Arborist Report
204.1 Onsite Inventory and Tree Assessment 1 1 $121 $1,366 $1,366 $0 $10 10
204.2 Prepare Report of Prelirmnary Findings 1 1 580 $2,045 $2,049 $0 $10 10
204.3 Final Report &Tree Protection Plan 2 1 $132 $2,730 52,730 $0 $10 10
Task 204 Sublet.0 1 0 4 2 0 0 *333 7 $0 $0 $6,146 $0 $0 $0 $6,146 $0 $0 $30 30
205 Survey and_Mapping
205.1 Survey Coordination and Review 1 2 6 12 3807 21 50 $216 $10 226
205.2 Topographic Survey $0 0 $8,483 58,483 $0 $10 tO
205.3 Short P/at Development 2 2 2 5299 S $6,848 56.846 $0 $500 500
Task 205 Subtota 0 3 0 4 8 12 0 $1,106 27 $15,330 $0 $0 $0 $0 $0 $15,330 $0 $216 5520 736
206 Geotechnical_Engineering_Services
206,1 Geolechnoal Investigation 1 4 5 $420 10 531.837 531,837 50 510 10
Task 206 Subtot.0 1 0 4 5 0 0 $420 10 $0 $0 $0 $31,837 $0 $0 $31,837 $0 $0 $10 $10
207 Permitting_Support
207.1 Pemiltaanagement 4 12 2 $929 18 $0 $0 $10 10
207.2 Pre-Apptsialion Meeting 4 8 1 $706 13 50 $50 50 $20 70
207.3 SEPA Checklist 1 3 6 2 5430 12 $0 $0 $10 10
207,4 Land Use Pemir8rng 6 40 60 16 8 54,957 130 $0 $50 $288 5400 738
207.5 State and Federal Permitting 1 3 8 2 5488 14 SO $0 $20 20
Task 207 Sublet.0 16 0 66 74 16 15 57,511 187 $0 $0 $0 $0 $0 $0 $0 $100 5258 $460 846
208 Hydraulic Analysis and Planning Data
208,1 320 Zone Demand Analysis 2 3 6 5466 11 50 $0 $10 $10
208.2 Hydraulic Analysis 4 16 24 $1,794 44 50 50 510 $10
Task 208 Subtotal 0 6 0 19 30 0 0 52,261 55 $0 $0 $0 $0 $0 $0 $0 $0 $0 $20 $20
209 Reservoir Size.Contiguration and Design Criteria
209.1 Reservoir Size and Con8guration 4 2 16 14 51,642 36 50 $0 $10 $10
209,2 Reservoir Design Criteria &Preferences 4 1 6 8 2 0519 21 50 $85 $0 $10 5 85
Task 209 Subtotal 0 8 3 22 22 0 2 52,561 57 $0 $0 $0 $0 $0 $0 $0 $85 $0 $20 $105
210 320 Zone Supply Alternatives
210.1 Houser Way Pump Station Evaluation 6 24 32 52576 62 $0 $85 $0 $10 95
210.2 435/320 Zone Control Valve Evaluation 2 6 12 $794 20 50 $0 $10 10
210.3 Eoisling 320 PRV Slalions Evaluation 2 4 8 $576 14 $0 $0 $10 10
210.4 Supply Cost Analysis 4 12 16 6 51.457 38 $0 $0 $10 IS
Task 215 Subtotal 0 14 0 46 68 0 6 $5,403 134 $0 $0 $0 $0 $0 $0 $0 $85 $0 $40 $125
211 SurfaceWaterEngineeringandReport ——
2111 Drainage Basin Delineation 4 18 8 4 $1,590 34 -SO $50 $72 $10 $132
2112 Conceptual Surface Waler Designs 6 60 8 8 54,047 82 $0 $50 $144 5100 $294
2113 Surface Water Design and Reports 4 62 16 8 6 $4,342 96 $0 5144 5100 5 244
Task 211 Subtotal 0 14 0 140 32 20 6 $8,879 212 50 50 50 $0 $0 $0 $0 $100 $360 $210 $670
June 23,2016
Exh C -Fee EsI -Kennydale Reservoir Prel Design 6-23-16 xIs Murray Smith &Associates,Inc.
Keonydale 320 Zone Reservoir-Preliminary Design
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Fire Station 15 &Kennydale Reservoir Site
N 30th Street
P a r k A v e N
1404 N 30th St
Kennydale 320 Zone Reservoir Site Map
¯
1 inch = 208 feet
I - 4 0 5
AGENDA ITEM #8. r)
AB - 1717
City Council Regular Meeting - 11 Jul 2016
SUBJECT/TITLE: Agreement for Professional Services for the Renton Stormwater
Manual Update – Phase II Project with Herrera Environmental
Consultants, Inc.
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Hebé C. Bernardo, Surface Water Civil Engineer III
EXT.: 7264
FISCAL IMPACT SUMMARY:
The total amount of this contract with Herrera is $169,044. The Renton Stormwater Manual Update -Phase II
project is funded by the approved 2016 Capital Improvement Program for the Renton Stormwater Manual
Update account (427.475241). The approved 2016 Surface Water Utility Capital Improvement Program
Project budget is $276,437.
SUMMARY OF ACTION:
Section S5.C4.a of the Western Washington Phase II Municipal Stormwater Permit requires that the City
review, revise and make effective local development related codes, rules, standards or other enforceable
documents that address runoff from new developmen t, redevelopment, construction sites and incorporate
and require Low Impact Development (LID) principles and LID Best Management Practices. The adopted
Surface Water Design Standards must be equivalent to the Ecology 2012 Stormwater Management Manual for
Western Washington. The deadline for this requirement is December 31, 2016.
This agreement is for the development and adoption of the Renton Stormwater Manual update. Under this
agreement, Herrera Environmental Consultants, Inc. will provide technical support to the City in technical and
policy decisions (economic, regulatory or social analyses as they apply to a given issue); development of a new
stormwater manual and standard details related to stormwater facilities and LIDs; integration of permit
required changes into the City’s current Drainage (Surface Water) Standards code (Chapter 4 -6-030 of the
RMC); and legislative support.
EXHIBITS:
A. Issue Paper
B. Agreement for Professional Services
STAFF RECOMMENDATION:
Approve the Agreement for Professional Services for the Renton Stormwater Manual Update – Phase II Project
with Herrera Environmental Consultants, Inc. in the amount of $169,044.
AGENDA ITEM #8. s)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 28, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Hebé Bernardo, Surface Water Utility Engineer, ext. 7264
SUBJECT:Agreement for Professional Services for the Renton
Stormwater Manual Update – Phase II Project with Herrera
Environmental Consultants, Inc.
ISSUE:
Should Council approve the Agreement for Professional Services for the Renton
Stormwater Manual Update – Phase II Project with Herrera Environmental Consultants,
Inc. in the amount of $169,044?
RECOMMENDATION:
Approve the Agreement for Professional Services for the Renton Stormwater Manual
Update – Phase II Project with Herrera Environmental Consultants, Inc. in the amount of
$169,044.
BACKGROUND:
Section S5.C4.a of the Western Washington Phase II Municipal Stormwater Permit
(NPDES Permit) requires that the City review, revise and make effective local
development related codes, rules, standards or other enforceable documents that
addresses runoff from new development, redevelopment, construction sites and
incorporate and require Low Impact Development (LID) principles and LID Best
Management Practices. The adopted Surface Water Design Standards must be
equivalent to the Ecology 2012 Stormwater Management Manual for Western
Washington. The deadline for this requirement is December 31, 2016.
The Surface Water Utility’s preferred approach for compliance with the NPDES Permit
requirements is to develop a City specific stormwater manual that is based on the 2016
King County Surface Water Design Manual (KCSWDM). The 2016 KCSWDM is approved
by Ecology as being equivalent to the Ecology 2012 Manual. The review and adoption
process was divided into two phases.
AGENDA ITEM #8. s)
Mr. Corman, Council President
Page 2 of 2
June 28, 2016
\HCBtp
During the first phase of the Renton Stormwater Manual Update project (CAG-16-059),
the City reviewed the new permit requirements for LID implementation; studied LID
feasibility criteria; identified unique requirements (different to the ones included in the
2016 KCSWDM) applicable to Renton; discussed the details of the existing amendment
and any new technical tools that have been created (e.g., the Low Impact Development
Technical Guidance Manual for Puget Sound) since the adoption of the 2009 KCSWDM;
and documented issues encountered with the 2010 Amendment document, the 2016
KCSWDM and the NPDES Phase II Permit requirements.
The second phase of this project includes the development and adoption of the Renton
Stormwater Manual. Under this agreement, Herrera Environmental Consultants, Inc.
will provide technical support to the City in technical and policy decisions (economic,
regulatory or social analyses as they apply to a given issue); development of a new
stormwater manual and standard details related to stormwater facilities and LIDs;
integration of permit required changes into the City’s current Drainage (Surface Water)
Standards code (Chapter 4-6-030 of the RMC); and legislative support.
The project will be funded by the approved 2016 Capital Improvement Program Renton
Stormwater Manual Update project budget (427.475241). There are sufficient funds in
the budget to fund this agreement with Herrera Environmental Consultants, Inc.
Herrera Environmental Consultants, Inc. was selected off of the approved 2016 City’s
MSRC Roster Consultant Selection Portal.
CONCLUSION:
The Surface Water Utility recommends the approval of the Agreement for Professional
Services for the Renton Stormwater Manual Update – Phase II Project with Herrera
Environmental Consultants, Inc. in the amount of $169,044.
cc:Lys Hornsby, Utility Systems Director
Ron Straka, Surface Water Engineering Manager
AGENDA ITEM #8. s)
AGREEMENT FOR PROFESSIONAL SERVICES FOR THE
RENTON STORMWATER MANUAL UPDATE – PHASE II
CAG-16-___
THIS AGREEMENT, dated June 29, 2016, is by and between the City of Renton (the “City”), a
Washington municipal corporation, and Herrera Environmental Consultants, Inc.
(“Consultant”), a Washington corporation. The City and the Consultant are referred to
collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this
Agreement is effective as of the date signed by both parties.
1. Scope of Work: Consultant agrees to provide professional services as specified in
Exhibit A, which is attached and incorporated herein and may hereinafter be referred to
as the “Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation shall
be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise
mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no
later than May 31, 2017.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $169,044.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according
to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any
hourly or flat rate charged by it for its Work shall remain locked at the negotiated
rate(s) unless otherwise agreed writing or provided in Exhibit B. Except as
specifically provided herein, the Consultant shall be solely responsible for payment
of any taxes imposed as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any
quarter in which Work is performed, the Consultant shall submit a voucher or
invoice in a form specified by the City, including a description of what Work has
Page 1 of 10
AGENDA ITEM #8. s)
been performed, the name of the personnel performing such Work, and any hourly
labor charge rate for such personnel. The Consultant shall also submit a final bill
upon completion of all Work. Payment shall be made by the City for Work
performed within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Consultant’s
performance does not meet the requirements of this Agreement, the Consultant will
correct or modify its performance to comply with the Agreement. The City may
withhold payment for work that does not meet the requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver
by the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue
to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be
entitled to payment for all hours worked to the effective date of termination, less all
payments previously made. If the Agreement is terminated by the City after partial
performance of Work for which the agreed compensation is a fixed fee, the City
shall pay the Consultant an equitable share of the fixed fee. This provision shall not
prevent the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement and such charges due to
the City shall be deducted from the final payment due the Consultant. No payment
shall be made by the City for any expenses incurred or work done following the
effective date of termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing
Page 2 of 10
AGENDA ITEM #8. s)
the Work in compliance with applicable City standards or guidelines (e.g. design criteria
and Standard Plans for Road, Bride and Municipal Construction). Professional engineers
shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant
to RCW 18.43.070. Consultant further represents and warrants that all final work
product created for and delivered to the City pursuant to this Agreement shall be the
original work of the Consultant and free from any intellectual property encumbrance
which would restrict the City from using the work product. Consultant grants to the City
a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify,
and display all final work product produced pursuant to this Agreement. The City’s or
other’s adaptation, modification or use of the final work products other than for the
purposes of this Agreement shall be without liability to the Consultant. The provisions of
this section shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required
by applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records
Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession or control relating to this Agreement and the
Work, including, but not limited to, e-mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for production.
In the event Consultant believes said records need to be protected from disclosure, it
may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify,
defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to
any claim or litigation related to a Public Records Act request for which Consultant has
responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall
produce for distribution any and all records responsive to the Public Records Act request
in a timely manner, unless those records are protected by court order. The provisions of
this section shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
the City during the period of the Work shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
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AGENDA ITEM #8. s)
direct the details, manner or means of Work. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Consultant shall retain the right to designate the means of performing
the Work covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be
paid by it alone, and that employing such workers, it is acting individually and not as
an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the
negligent acts, errors or omissions of the Consultant in its performance of this
Agreement or a breach of this Agreement by Consultant, except for that portion of the
claims caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees and
volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
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AGENDA ITEM #8. s)
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any
kind to City employees or officials. Consultant also confirms that Consultant does not
have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in selecting the Consultant, negotiating or administering
this Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton
Business License prior to performing any Work and maintain the business license in
good standing throughout the term of this agreement with the City. Information
regarding acquiring a city business license can be found at:
http://rentonwa.gov/business/default.aspx?id=548&mid=328. Information regarding
State business licensing requirements can be found at:
http://dor.wa.gov/content/doingbusiness/registermybusiness/
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by
or on behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies
shall not be a source for payment of any Consultant liability, nor shall the
maintenance of any insurance required by this Agreement be construed to limit the
liability of Consultant to the coverage provided by such insurance or otherwise limit
the City’s recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
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AGENDA ITEM #8. s)
G. Consultant shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall
the Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return
receipt requested, by facsimile or by nationally recognized overnight courier service.
Time period for notices shall be deemed to have commenced upon the date of receipt,
EXCEPT facsimile delivery will be deemed to have commenced on the first business day
following transmission. Email and telephone may be used for purposes of administering
the Agreement, but should not be used to give any formal notice required by the
Agreement.
City of Renton:
Hebé C. Bernardo
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7264
hbernardo@rentonwa.gov
Consultant:
Herrera Environmental Consultants,
Inc.
2200 Sixth Avenue
Suite1100
Seattle, WA 98121
Phone: 206-787-8261
rdugopolski@herrerainc.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
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AGENDA ITEM #8. s)
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of
the project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and / or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he / she will acquire or maintain such at his / her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee / sub-contractor / assignee will acquire and or
maintain such training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his / her Work to
other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F. Consultant is responsible for his / her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his / her own Worker’s Compensation coverage as well
as that for any persons employed by the Consultant.
19. Other Provisions:
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AGENDA ITEM #8. s)
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Hebé C.
Bernardo. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
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AGENDA ITEM #8. s)
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Assigns and Successors. The Parties each bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement,
and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Denis Law
Mayor
Click here to enter text.
Click here to enter text.
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
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AGENDA ITEM #8. s)
Approved as to Legal Form
_______________________________
Lawrence J. Warren
Renton City Attorney
Agreement Form Updated 06/28/2016
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AGENDA ITEM #8. s)
Exhibit A - SCOPE OF WORK AND SCHEDULE
RENTON STORMWATER MANUAL UPDATE –
PHASE II
On April 15, 2016, the City of Renton (City and Herrera Environmental Consultants (Herrera)
entered into an contract agreement (CAG-16-059) to assist the City with developing an updated
City-specific amendment to the 2016 King County Surface Water Design Manual (KCSWDM).
This scope of work includes a discussion of the activities, assumptions, deliverables, and a
schedule associated with Phase II of this project:
Task 2B – Technical Analysis to Support Amendment Update
Task 3 – Develop Updated Amendment
Task 4 – Develop New and Revised Standard Details
Task 5 – Stormwater Code Revisions
Task 6 – Legislative Support
Task 7 – Project Management/Contract Administration
Task 8 – Contingency
Task 2B – Technical Analysis to Support Amendment Update
This task will involve a series of in-person meetings to address technical questions related to
content that must be incorporated into the amendment. Herrera will provide support for technical
and policy decisions as needed to develop the amendment. Types of work may include technical,
economic, regulatory, or social analyses as they apply to a given issue or question of concern.
More complex issues will be addressed through brief issue papers that outlines possible
alternatives. Moderate or minor issues will be summarized in an Excel format issues log.
Assumptions
Regular Meetings
Following the initial meetings in Task 1 and Task 2A, Herrera will
continue to participate in regular internal group meetings with City staff to
discuss specific issues and options regarding the amendment update. Up to
5 additional meetings will be included in the Phase II scope of work under
Task 2B.
On average, two Herrera staff will be scheduled to participate in all the
meetings (either in-person, or by phone). It is assumed that meetings will
alternate between in-person and conference calls.
In addition, depending on the issues to be discussed at a given meeting,
additional technical staff from the Herrera team or City staff may attend
occasional meetings (assume every 2nd or 3rd meeting) to offer specific
technical or policy input.
Immediately following each group meeting, or as part of the meeting as
time allows, Herrera and City Project Managers will review the issues that
were discussed and identify whether each issue raised is relatively simple
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SCOPE OF WORK
to revise, requiring only minor text edits (minor issue); requires further
discussion and direction among Herrera and key City staff for resolution
(moderate issue); or requires additional technical or policy-related
investigation by Herrera for resolution (major issue).
Herrera will prepare meeting summary notes following each group
meeting, highlighting the substantive issues that were discussed, issue
classification (minor, moderate, or major), and next steps.
Addressing Issues
Herrera staff will provide technical and regulation writing support for up
to 5 major and 10 moderate issues as part of Phase II. An additional 5
major and 10 moderate issues were included in the Phase I scope of work
under Task 2A.
Herrera staff will work with the City staff to evaluate options to address
each issue and to determine the preferred solution to each issue. Each
major issue is assumed to require up to 16 hours of additional technical
analysis or research to help identify preferred solutions and to develop
draft language. Major issues will include development of a 2-3 page “issue
paper” outlining the issue under discussion, the questions being addressed,
and the recommended resolution (or alternatives to consider where a clear
recommendation cannot be offered).
Moderate issues will require up to 6 hours of Herrera staff time to
coordinate with City staff, outside the regular meetings. Resolutions for
moderate issues will be documented via an issues tracking list (as well as
via email communications, and through revisions to the amendment).
Minor issues (i.e., those that only require text changes) will be resolved by
the Herrera staff through ongoing edits to the amendment (but without
additional time for discussion and documentation).
As each issue is identified and categorized (major, moderate, or minor),
Herrera and City project managers will identify the process and schedule
for resolving each issue. Some of the major or moderate issues may
require other City staff review and input before they can be fully resolved.
Therefore, it will be important to reach agreement on the timing and steps
for addressing each issue before beginning any technical and policy
research.
Writing Responsibility
It is assumed that Herrera staff will be responsible for the majority of the
text edits related to equivalency issues, including developing all new text
required to address KCSWDM and Ecology Manual updates, as well as
City-desired changes and corrections (i.e., Herrera will be the primary
author / handler of the electronic file development).
The City will provide limited support for writing City-specific issues.
The working versions of all files for the amendment will be maintained on
a Herrera-operated (Microsoft hosted) SharePoint site.
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SCOPE OF WORK
Herrera staff will be responsible for developing the internal draft revised
volumes, including adding annotations identifying the reasons for
substantial edits.
Any additional work performed under this task but not explicitly outlined
above will be limited to the hours identified in the attached budget.
There are many assumptions in the number of issues that may develop in
this process and it is foreseeable that the scope could be increased with an
amendment to include additional review and preparation of white papers.
Additional work on a given major or moderate issue, or additional issues
beyond those assumed above, will require approval/confirmation from
both the Herrera and City project managers.
Deliverables
Draft and final issue papers (Microsoft Word and PDF files) for up to 5
major issues
Draft Excel spreadsheet summarizing resolutions for up to 10 moderate
issues
Final Excel spreadsheet summarizing resolutions for the moderate issues
from Task 2A and Task 2B
Task 3 – Develop Updated Amendment
Task 3 will build on the technical analysis completed for Task 2A and Task 2B to develop an
updated City-specific amendment to the KCSWDM. This task will incorporate our team’s up‐to‐
date understanding of the rapidly-evolving field of LID modeling and design, stormwater manual
content, and NPDES compliance. Work under this task will involve the following:
Outline the essential and unique topics for the updated amendment.
Finalize decisions on format and content including required content,
primary audiences, desired level of detail, use of external references, new
tools that are needed, etc.
o In conjunction with other tasks, update/develop technical tools and
handouts as needed (including checklists, BMP sizing, tools, etc.), and
incorporate them into the amendment.
o Update and/or develop new amendment figures, drawings, flow charts,
schedules, and tables to make the document more user‐friendly.
o Incorporate references to the latest external documents and tools in a
way that will be easy for developers and City staff to understand.
o Incorporate references to Ecology’s Technology Assessment Protocol
– Ecology (TAPE) approved BMPs and the technologies on this list
that the City will approve for private and right-of-way installations.
o Provide technical editing to ensure that the documents are clear and
readable.
Develop updated amendment
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SCOPE OF WORK
This task is anticipated to include an internal review draft, a public review draft, and a
final amendment.
Assumptions
This task does not include updating the standard details (approximately 90
pages of the 2010 City-specific amendment)
Two rounds of review by City staff
All technical and policy analyses needed to complete the amendment will
be performed as part of Task 2A and Task 2B. This task does not include
time for additional analyses.
A total of six amendment figures are included in the budget for scoping
purposes and are expected to include flow charts and simple drawings
New amendment figures prepared by the Herrera team will not include
revising the Flood Hazards map, the Landslide Hazards map, or the
Erosion Hazards map in the Renton Municipal Code (RMC) or a LID
Feasibility map.
Deliverables
Annotated outline for updated amendment (Microsoft Word file)
Internal review draft of the amendment (Microsoft Word file)
Public review draft of the amendment (Microsoft Word and PDF files)
Six hard copies and electronic copies (Microsoft Word and PDF files) of
the final amendment
Task 4 – Develop New and Revised Standard Details
Appendix E of the City’s 2010 amendment to the KCSWDM contains the City’s standard details
related to stormwater. For this scope of work, it is assumed that a majority of the existing
standard details (74 out of 86 total) will have minor changes to incorporate updates to the title
block and notes:
Category Number of Standard Details
Catch basins 17
Erosion control 24
Pipe 16
Flow control 6 (out of 12 total)
Water quality treatment 6 (out of 12 total)
Combined flow control and water quality treatment 4
King County Details adopted by City of Renton 1
Total 74 (out of 86 total)
It is assumed that a portion of the existing standard details (up to 12 total standard details) will
require more substantial updates. For scoping purposes, the following standard details were
assumed to be included on this list:
Flow control – 6 (out of 12 total)
Water quality treatment – 6 (out of 12 total)
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SCOPE OF WORK
New low impact development (LID) standard detail sheets are proposed for development
and may include up to 20 of the following 40 detail sheets:
Permeable Pavement
Material Sections – Pervious Concrete
Material Sections – Porous Asphalt
Material Sections – Permeable Pavers
Subsurface Check Dams
Subsurface Outlets
Edge Treatments (3 sheets)
Bioretention
Bioretention Basin Section
Roadside Planter with Parking – Plan
Roadside Planter with Parking – Section
Inlets – Curb Cut
Inlets – Trench Drain Curb Cut
Outlet – Overflow Structures
Check Dams (2 sheets)
Planting Plans/Details (2 sheets)
Roadside Planter without Parking (2 sheets)
Roadside Curbbulb Planter – Type 2
Edge Treatments (3 sheets)
Outlet – Orifice Controls
Rain Garden
Plan/Section
Section (sloped site with berming)
Planting Zones – Plan/Section
Drywell
Drywell Plan/Section
Sheet Flow Dispersion
Plan/Detail for flat to moderately sloping driveways
Concentrated Dispersion
Plan/Detail for driveways
Plan/Detail for steep driveways
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SCOPE OF WORK
Perforated Stub-out Connection
Plan/Profile/Section
Post-Construction Soil Quality and Depth
Plan/Detail
Vegetated Roof
Section showing layers
General
Utility Crossings (2 sheets)
Utility Conflicts (3 sheets)
Cleanouts
Assumptions
The City will provide the CAD files for the existing set of standard details.
The City will provide Herrera with a list of requested changes to the
existing standard details related to the title block and notes.
Assumes 1 hour of engineer time and 1 hour of CAD time per detail sheet
for minor changes to a majority of the standard details (62 total) listed
under Catch Basins, Erosion Control, Pipes, Combined Flow Control and
Water Quality Treatment, and King County in Appendix E of the 2010
amendment to the KCSWDM.
Assumes 1 hour of engineer time and 1 hour of CAD time per detail sheet
for minor changes for up to 12 standard details listed under Flow Control
or Water Quality Treatment in Appendix E of the City’s 2010 amendment
to the KCSWDM.
Assumes 2 hours of engineer time and 2 hours of CAD time per detail
sheet for more substantial changes for up to 12 standard details listed
under Flow Control or Water Quality Treatment in Appendix E of the
City’s 2010 amendment to the KCSWDM.
Assumes 6 hours of engineer time and 8 hours of CAD time per detail
sheet for more up to 20 new standard details developed for LID best
management practices (BMPs) as outlined above.
New standard details will be developed based on standard plans from the
City of Seattle Right-of-Way Improvements Manual (ROWIM) and the
King County Surface Water Design Manual and other available sources.
LID BMP details will be schematic for consistency with the existing City
Surface Water Standard Details.
The drawings will be developed as 8 ½ x 11 sheets using Renton CAD
standards.
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SCOPE OF WORK
One 2-hour coordination meeting will be held with City staff to review
available standard drawings and discuss how best to tailor the drawings to
suit Renton’s needs.
One 2-hour coordination meeting will be held with City staff to review the
draft set of LID BMP details
Comments on the draft LID BMP details will be compiled by City staff.
Although the standard details may be provided to the City in batches, only
one round of City comments on each batch is assumed for scoping
purposes.
Deliverables
Draft set of LID BMP details (CAD and PDF files)
Final set of LID BMP details (CAD and PDF files)
Draft revisions to existing standard details (CAD and PDF files)
Final set of existing standard details (CAD and PDF files)
Task 5 – Stormwater Code Revisions
Herrera staff will work with City staff and BERK Consulting to incorporate desired and permit-
required changes (from the KCSWDM or the Ecology Stormwater Management Manual for
Western Washington and National Pollutant Discharge Elimination System [NPDES] Phase II
Permit) into the City’s current Drainage (Surface Water) Standards code (Chapter 4-6-030 of the
RMC). Some of the primary anticipated changes to the Drainage (Surface Water) Standards code
include the following:
Revised and add new definitions for consistency with Appendix 1 of the
NPDES Phase II permit
Update/add references to the City’s amendment
Substantial revisions to Core Requirement #9 regarding LID BMP
approach
Additions and changes stemming from resolution of the items discussed
and evaluated in Task 1, Task 2A, and Task 2B.
The Herrera team will provide City staff with draft redlines of RMC, Chapter 4-6-030. After a
round of City review, revised draft redlines will be prepared. The Herrera team will provide a
final version of the updated Drainage (Surface Water) Standards code after the revised draft
redlines have been approved.
Assumptions
Two rounds of review by City staff
Work performed for this task will coordinate with the team working on the
overall update of the City’s codes to incorporate LID.
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SCOPE OF WORK
Deliverables
Draft redlines of the existing RMC, Chapter 4-6-030 (Microsoft Word
file)
Revised draft redlines of RMC, Chapter 4-6-030 (Microsoft Word file)
Final language for RMC, Chapter 4-6-030 (Microsoft Word and PDF
files)
Task 6 – Legislative Support
The Herrera team will provide support and technical assistance to staff during the City’s code
adoption process. This support may also include presenting materials directly to City Council or
other City staff, or assisting staff as they make these presentations. The Herrera team will also
provide technical assistance with developing presentations and handouts for City Council
meetings. It is anticipated that the City Council would be briefed once in mid-2015. Public
hearings are anticipated to occur in the late summer or early fall of 2016.
Assumptions
The City will lead coordination with the City Council required for this
task, including scheduling meetings
Work performed for this task will coordinate with the team working on the
overall update of the City’s codes to incorporate LID and schedule joint
Council meetings when feasible.
One Herrera team member will attend up to two City Council meetings
Handouts for the City Council are expected to be 1- to 2-page factsheets
with minimal graphics
Deliverables
PowerPoint presentation and supporting handouts (Microsoft Word and
PDF files) for up to two City Council meetings
Task 7 – Project Management/Contract Administration
Herrera will be responsible for ongoing contract administration of this project, including
preparing monthly invoices, as well as coordination of work efforts with the designated client
point of contact (Hebe Bernardo). Herrera’s project manager (Rebecca Dugopolski) will be the
primary point of contact at Herrera.
Deliverables
Monthly invoices and progress reports
Project schedule
June 29, 2016 8 of 10 Herrera Environmental Consultants
AGENDA ITEM #8. s)
SCOPE OF WORK
Task 8 – Contingency
The nature of this project is such that additional technical needs may potentially arise that are
pertinent to the overall scope of work. However, the specifics of these needs will not be known
until some preliminary work has been accomplished. Examples needs could include:
Developing additional amendment flowcharts and/or figures
Developing additional standard details
Developing implementation tools that simplify use of the amendment
Developing client assistance documents to help stakeholders use the
amendment
Herrera will provide additional services as requested by and authorized by the City, subject to
amendment of the approved scope of work. Herrera shall submit a scope of work amendment and
corresponding budget estimate for services not covered in previous tasks as may be requested by
the City. The City shall provide written authorization (e-mail is acceptable) to proceed with any
supplemental services prior to any such work being performed by Herrera. Approximately ten
percent of the total project budget has been set aside for the contingency.
June 29, 2016 9 of 10 Herrera Environmental Consultants
AGENDA ITEM #8. s)
SCOPE OF WORK
Schedule of Tasks and Deliverables
Task Deliverable Timeline
Task 2B Technical Analysis October 15, 2016
Task 3 Develop updated Ammendment November 15, 2016
Task 4 Develop updated Standard Details November 15, 2016
Task 5 Stormwater Code Revisions November 30, 2016
Task 6 Legislative support December 31, 2016
Task 7 Project Management December 31, 2016
June 29, 2016 10 of 10 Herrera Environmental Consultants
AGENDA ITEM #8. s)
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4/11/2016 11:54 AM AGENDA ITEM #8. s)
10018 00009 ff222r42j3
CITY OF RENTON, WASHINGTON
WATER AND SEWER REVENUE REFUNDING BOND, 2016
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN
THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,500,000 FOR
THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND
SEWER REVENUE BONDS, SERIES 2008A; PROVIDING THE FORM, TERMS
AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY TO
APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER
MATTERS RELATED THERETO.
PASSED: July 11, 2016
PREPARED BY:
PACIFICA LAW GROUP LLP
Seattle, Washington
AGENDA ITEM # 10. a)
-i-
10018 00009 ff222r42j3
ORDINANCE NO. ________
TABLE OF CONTENTS
Section 1. Definitions ..................................................................................................................... 3
Section 2. Findings Regarding Parity Provisions .......................................................................... 13
Section 3. Authorization and Description of Bond ...................................................................... 14
Section 4. Registration of Bond.................................................................................................... 15
Section 5. Priority and Payment from the Waterworks Utility Fund ........................................... 16
Section 6. Funds and Accounts .................................................................................................... 18
Section 7. Covenants .................................................................................................................... 21
Section 8. Tax Covenants ............................................................................................................. 24
Section 9. Future Parity Bonds ..................................................................................................... 26
Section 10. Form of Bond ............................................................................................................. 30
Section 11. Execution of Bond ..................................................................................................... 32
Section 12. Right of Prepayment ................................................................................................. 33
Section 13. Sale of Bond .............................................................................................................. 33
Section 14. Application of Bond Proceeds; Plan of Refunding .................................................... 35
Section 15. Ongoing Disclosure; Additional Covenants ............................................................... 37
Section 16. Lost, Stolen or Destroyed Bond ................................................................................ 38
Section 17. Contract; Savings Clause ........................................................................................... 38
Section 18. General Authorization, Ratification of Prior Acts ..................................................... 39
Section 19. Effective Date of Ordinance ...................................................................................... 39
This Table of Contents is provided for convenience only and is not a part of this
ordinance.
AGENDA ITEM # 10. a)
10018 00009 ff222r42j3
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND IN
THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,500,000 FOR
THE PURPOSE OF REFUNDING A PORTION OF THE CITY’S WATER AND
SEWER REVENUE BONDS, SERIES 2008A; PROVIDING THE FORM, TERMS
AND COVENANTS OF THE BOND; DELEGATING CERTAIN AUTHORITY TO
APPROVE THE FINAL TERMS OF THE BOND; AND AUTHORIZING OTHER
MATTERS RELATED THERETO.
WHEREAS, the City of Renton, Washington (the “City”) has created and operates a
waterworks utility of the City, including the water, sewer, wastewater and storm drainage
systems (together, the “Waterworks Utility”); and
WHEREAS, the City issued and now has outstanding the following water and sewer
revenue bonds, each being payable on a parity of lien on the revenues of the Waterworks
Utility:
Series
Authorizing
Ordinance
Original
Principal Amount
Outstanding
Principal Amount
2007 5313 $ 9,750,000 $ 7,995,000
2008A 5313 9,975,000 9,975,000
2008B 5313 2,035,000 195,000
2012 5672 9,190,000 9,080,000
(together, the “Outstanding Parity Bonds”); and
AGENDA ITEM # 10. a)
-2-
10018 00009 ff222r42j3
WHEREAS, the Water and Sewer Revenue Bonds, Series 2008A, issued on January 4,
2008, mature in principal amounts and bear interest as follows:
Maturity Date
(December 1)
Principal
Amount
Interest
Rate
2016 $ 480,000 4.00%
2017 695,000 4.00
2018 565,000 5.00
2019 645,000 4.00
2020 720,000 4.00
2021 760,000 4.00
2022 790,000 4.00
2023 980,000 4.10
2024 1,020,000 4.15
2025 1,060,000 4.20
2026 1,105,000 4.25
2027 1,155,000 4.30
(the “2008A Bonds”); and
WHEREAS, the 2008A Bonds maturing on or after December 1, 2018 (the “Refunding
Candidates”), are subject to optional redemption, in whole or in part, on any date on or after
December 1, 2017, at a price of par plus interest accrued to the date of redemption; and
WHEREAS, after due consideration it appears to this Council that all or a portion of the
Refunding Candidates (the “Refunded Bonds”) may be defeased and refunded by proceeds of
the water and sewer revenue refunding bond authorized herein (the “Bond”) at a savings to the
City and its ratepayers; and
WHEREAS, the respective ordinances authorizing the issuance of the Outstanding Parity
Bonds permit the issuance of additional bonds on a parity with the Outstanding Parity Bonds for
refunding purposes if certain conditions are met; and
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WHEREAS, the Council wishes to delegate authority to the Mayor, the Chief
Administrative Officer and the Finance Director of the City (as further described herein, each a
“Designated Representative”) for a limited time, t o approve the interest rates, maturity date,
redemption terms, and other terms for the Bond within the parameters set by this ordinance;
and
WHEREAS, the City intends to issue a request for proposals from various financial
institutions to purchase the Bond; and
WHEREAS, the Council now wishes to authorize the issuance of the Bond, the
acceptance of a commitment confirming such a proposal, and the sale of the Bond to the
successful respondent subject to the terms and conditions set forth in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DOES
ORDAIN AS FOLLOWS:
Section 1. Definitions. As used in this ordinance, the following words shall have the
following meanings:
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of
the Refunded Bonds, but only to the extent that the same are acquired at Fair Market Value .
Annual Debt Service for any year means all the interest on plus all principal (except
principal of Term Bonds due in any Term Bond Maturity Year) of Parity Bonds, plus all
mandatory redemption and sinking fund installments, less all bond interest payable from the
proceeds of any such bonds, which will mature or come due in that year.
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After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, for
purposes of satisfying the Coverage Requirement or the Parity Requirement, Annual Debt
Service for any fiscal year or calendar year shall exclude any Debt Service Offsets received or
expected to be received in such fiscal year or calendar year.
Bank means the financial institution that is the successful respondent to a request for
proposals to purchase the Bond, selected by a Designated Representative.
Base Period means any consecutive 12-month period selected by the City out of the
24-month period next preceding the date of issuance of an additional series of Future Parity
Bonds.
Bond means the City’s Water and Sewer Revenue Refunding Bond, 2016, authorized to
be issued by this ordinance.
Bond Fund means that special fund of the City known as the Waterworks Revenue Bond
Fund, 2016 created by the City for the payment of the principal of and interest on the Bond.
Bond Register means the registration records for the Bond maintained by the Bond
Registrar.
Bond Registrar means the Finance Director, whose duties include registering and
authenticating the Bond, maintaining the Bond Register, transfe rring ownership of the Bond,
and paying the principal of and interest on the Bond.
Call Date means December 1, 2017.
City means the City of Renton, Washington, a municipal corporation duly organized and
existing by virtue of the laws of the State.
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Code means the Internal Revenue Code of 1986, as amended, together with
corresponding and applicable final, temporary or proposed regulations and revenue rulings
issued or amended with respect thereto by the United States Treasury Department or the
Internal Revenue Service, to the extent applicable to the Bond.
Commission means the Securities and Exchange Commission.
Commitment means the commitment of the Bank to purchase the Bond.
Council means the City Council as the general legislative authority of the City, as duly
and regularly constituted from time to time.
Coverage Requirement means in any calendar year 1.25 times the Annual Debt Service
for such year.
Credit Facility means a policy of municipal bond insurance, a letter of credit, surety
bond, line of credit, guarantee or other financial instrument or any combination of the
foregoing, which obligates a third party to make payment or provide funds for the payment of
financial obligations of the City. There may be one or more Credit Facilities outstanding at any
time.
Debt Service Offset means receipts of the City that are not included in Gross Revenue
and that are legally available to pay debt service on Parity Bonds, including without limitation
federal interest subsidy payments, designated as such by the Cit y.
Designated City Representative means each the Mayor, the Chief Administrative Officer
and the Finance Director of the City, any successors to the functions of such offices, and their
designees. The signature of one Designated City Representative shall be sufficient to bind the
City.
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Escrow Agent means U.S. Bank National Association, Seattle, Washington.
Escrow Agreement means the Escrow Deposit Agreement between the City and the
Escrow Agent to be dated as of the date of closing and delivery of the Bon d.
Fair Market Value means the price at which a willing buyer would purchase the
investment from a willing seller in a bona fide, arm’s length transaction (determined as of the
date the contract to purchase or sell the investment becomes binding) if the in vestment is
traded on an established securities market (within the meaning of Section 1273 of the Code)
and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s
length transaction (as referenced above) if (i) the investment is a certificate of deposit that is
acquired in accordance with applicable regulations under the Code, (ii) the investment is an
agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically
negotiated interest rate (for example, a guaranteed investment contract, a forward supply
contract or other investment agreement) that is acquired in accordance with applicable
regulations under the Code, (iii) the investment is a United States Treasury Security --State and
Local Government Series that is acquired in accordance with applicable regulations of the
United States Bureau of Public Debt, or (iv) any commingled investment fund in which the City
and related parties do not own more than a 10% beneficial interest therein if th e return paid by
the fund is without regard to the source of the investment. To the extent required by the
applicable regulations under the Code, the term “investment” shall include a hedge.
Federal Tax Certificate means the Federal Tax Certificate signed by the Finance Director
pertaining to the tax-exemption of interest on the Bond.
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Finance Director means the City’s Finance and Information Services Administrator or the
successor to such officer.
Fitch means Fitch, Inc., organized and existing under the laws of the State of Delaware,
its successors and their assigns, and, if such organization shall be dissolved or liquidated or shall
no longer perform the functions of a securities rating agency, Fitch shall be deemed to refer to
any other nationally recognized securities rating agency designated by the City.
Future Parity Bonds means all water and sewer revenue bonds of the City issued after
the date of the issuance of the Bond and having a lien and charge on Net Revenue on a parity
with the lien and charge on Net Revenue for the payment of the principal of and interest on the
Outstanding Parity Bonds and the Bond.
Government Obligations means those obligations now or hereafter defined as such in
chapter 39.53 RCW.
Gross Revenue means all of the earnings and revenues received by the City from the
maintenance and operation of the Waterworks Utility and all earnings from the investment of
money in the Reserve Fund or any Parity Bond Fund, and connection and capital improvement
charges collected for the purpose of defraying the cost of capital facilities of the Waterworks
Utility, except government grants, proceeds from the sale of Waterworks Utility property (other
than timber), City taxes collected by or through the Waterworks Utility, principal proceeds of
bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund
created to defease or refund Waterworks Utility obligations (until commingled with other
earnings and revenues of the Waterworks Utility) or held in a special account f or the purpose of
paying a rebate to the United States Government under the Code.
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Maintenance and Operation Expense means all reasonable expenses incurred by the
City in causing the Waterworks Utility to be operated and maintained in good repair, working
order and condition, including payments made to any other municipal corporation or private
entity for water service and for sewage treatment and disposal service or other utility service in
the event the City combines such service in the Waterworks Utility and enters into a contract
for such service, and including pro-rata budget charges for the City’s administration expenses
where those represent a reasonable distribution and share of actual costs, but not including
any depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes,
or capital additions or capital replacements to the Waterworks Utility.
Maximum Annual Debt Service means, at the time of calculation, the maximum amount
of Annual Debt Service that will mature or come due in the current calendar year or any future
calendar year on the Parity Bonds.
Moody’s means Moody’s Investors Service, its successors and their assigns, and, if such
corporation shall be dissolved or liquidated or shall no longer perform the functio ns of a
securities rating agency, Moody’s shall be deemed to refer to any other nationally recognized
securities rating agency designated by the City.
Net Revenue means Gross Revenue less Maintenance and Operation Expense.
Outstanding means, as of any particular time, all Parity Bonds issued theretofore except
(a) Parity Bonds theretofore canceled by the Bond Registrar after purchase by the City in the
open market or because of payment at, or redemption prior to, maturity; (b) Parity Bonds for
which funds have been deposited into a trust account pursuant to the ordinances authorizing
the issuance of the Parity Bonds, but only to the extent that the principal of and interest on
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such Parity Bonds are payable from such trust account; (c) temporary, mutilated, lost, stolen or
destroyed Parity Bonds for which new Parity Bonds have been issued pursuant to the ordinance
authorizing their issuance; and (d) Parity Bonds exchanged for new Parity Bonds pursuant to
the ordinances authorizing their issuance.
Outstanding Parity Bond Ordinances mean the ordinances authorizing the issuance of
the Outstanding Parity Bonds identified in the recitals to this ordinance.
Outstanding Parity Bonds means the water and sewer revenue bonds of the City
identified in the recitals to this ordinance.
Parity Bonds means the Outstanding Parity Bonds, the Bond, and any Future Parity
Bonds.
Parity Bond Fund means any fund created for the payment and redemption of Parity
Bonds.
Parity Requirement means Net Revenue equal to or greater than:
(a) 1.25 times the Maximum Annual Debt Service for all Parity Bonds plus the Future
Parity Bonds proposed to be issued; and
(b) 100% of Maximum Annual Debt Service for all subordinate lien evidences of
indebtedness secured by Gross Revenue.
Placement Agent means Piper Jaffray & Co., and its successors.
Professional Utility Consultant means an independent licensed professional engineer,
certified public accountant or other independent person or firm selected by the City having a
favorable reputation for skill and experience with municipal utilities of comparable size and
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character to the Waterworks Utility in such areas as are relevant to the purposes for which such
consultant is retained.
Qualified Insurance means any non-cancelable municipal bond insurance policy or
surety bond issued by any insurance company licensed to conduct an insurance business in any
state of the United States (or by a service corporation acting on behalf of one or more such
insurance companies) which insurance company or companies, as of the time of issuance of
such policy or surety bond, are currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
Qualified Letter of Credit means any irrevocable letter of credit issued by a financial
institution for the account of the City on behalf of Registered Owner of the Bond, which
institution maintains an office, agency or branch in the United States and as of the time of
issuance of such letter of credit, is currently rated in the two highest rating categories by any
Rating Agency but no lower than the highest then-existing rating for any of the Parity Bonds.
Rate Stabilization Fund means the Waterworks Rate Stabilization Fund created by the
City pursuant to Ordinance No. 4709.
Rating Agency means Moody’s, S&P or Fitch.
Refunded Bonds means the Refunding Candidates designated by the Designated City
Representative pursuant to Section 14.
Refunding Account means the account by that name established pursuant to Section 14.
Refunding Candidates mean the outstanding 2008A Bonds maturing on or after
December 1, 2018.
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Registered Owner means the person in whose name the Bond is registered on the Bond
Register.
Reserve Fund means that special fund of the City known as the Waterworks Revenue
Bond Reserve Fund created by Ordinance No. 4709.
Reserve Requirement means with respect to any issue of Parity Bonds, the lesser of
(a) Maximum Annual Debt Service on all Outstanding Parity Bonds, and (b) 125% of average
Annual Debt Service on all Outstanding Parity Bonds; provided, that the amount required to be
deposited hereunder with respect to any Future Parity Bonds in order to meet the Reserve
Requirement shall not exceed 10% of the net proceeds of such Future Parity Bonds under the
Code.
Rule means the SEC’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the
same may be amended from time to time.
S&P means Standard & Poor’s Rating Services, its successors and their assigns, and, if
such corporation shall be dissolved or liquidated or shall no longer perform the functions of a
securities rating agency, S&P shall be deemed to refer to any other nationally recognized
securities rating agency designated by the City.
State means the State of Washington.
Term Bonds mean any Parity Bonds identified as such in the bond purchase contract or
in the ordinance authorizing the issuance thereof, the payment of which is provided for by a
requirement for mandatory deposits of money into the principal and interest account o f the
bond redemption fund created for the payment of such issue of Parity Bonds in accordance
with a mandatory sinking fund requirement.
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Term Bond Maturity Year means any calendar year in which Term Bonds are scheduled
to mature.
2008 Bond Ordinance means Ordinance No. 5313 adopted by the City Council on
October 22, 2007 and Resolution No. 3919 adopted by the Council on November 26, 2007
authorizing the issuance of the 2008A Bonds.
2008A Bonds means the Water and Sewer Revenue Bonds, Series 2008A, of the City
issued on January 5, 2008, as more particularly described in the recitals of this ordinance.
Waterworks Utility means the combined water, sewer, wastewater and storm drainage
systems of the City as the same may be added to, improved and extended for as long as any of
the Parity Bonds are outstanding.
Waterworks Utility Fund means that special fund of the City into which all Gross
Revenue (except for earnings in any special fund for the redemption of revenue obligations of
the Waterworks Utility) shall be deposited.
Rules of Interpretation. In this ordinance, unless the context otherwise requires:
(a) The terms “hereby,” “hereof,” “hereto,” “herein, “hereunder” and any similar
terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular
article, section, subdivision or clause hereof, and the term “hereafter” shall mean after, and the
term “heretofore” shall mean before, the date of this ordinance;
(b) Words of the masculine gender shall mean and include correlative wor ds of the
feminine and neuter genders and words importing the singular number shall mean and include
the plural number and vice versa;
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(c) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including public
bodies, as well as natural persons;
(d) Any headings preceding the text of the several sections of this ordinance, and
any table of contents or marginal notes appended to copies hereof, shall be solely for
convenience of reference and shall not constitute a part of this ordinance, nor shall they affect
its meaning, construction or effect;
(e) All references herein to “articles,” “sections” and other subdivisions or clauses
are to the corresponding articles, sections, subdivisions or clauses hereof; and
(f) Words importing the singular number include the plural number and vice versa.
Section 2. Findings Regarding Parity Provisions. The City Council hereby finds that there
is no deficiency in any Parity Bond Fund, that provisions hereinafter meet the conditions for the
issuance of Future Parity Bonds as set forth in the Outstanding Parity Bond Ordinances, and on
or prior to the date of issuance of the Bond the City will have on file a certificate showing that
that the issuance of the Bond will result in a debt service savings for the Waterworks Utility and
does not require an increase of more than $5,000 in any year for principal of and interest on
the Bond over and above the payments that were required to be made for the Refunded Bonds.
The conditions contained in the Outstanding Parity Bond Ordinances having been
complied with or assured, the payments required herein to be made out of the Waterworks
Utility Fund into the Bond Fund and the Reserve Fund to pay and secure the payment of the
principal of and interest on the Bond shall constitute a lien and charge upon the money in the
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Waterworks Utility Fund equal in rank with the lien and charge thereon for the payments
required to be made for the Outstanding Parity Bonds.
Section 3. Authorization and Description of Bond. The City is hereby authorized to issue
a water and sewer revenue refunding bond (the “Bond”) in a principal amount of not to exceed
$9,500,000 for the purpose of providing the funds necessary to refund the Refunded Bonds and
pay all or a portion of the costs incidental to the foregoing and to the issua nce of the Bond.
The Bond shall be designated the “City of Renton, Washington Water and Sewer
Revenue Refunding Bond, 2016” or other such designation as set forth in the Bond and
approved by the Finance Director. The Bond shall be dated as of its date o f delivery to the
Bank, shall be fully registered as to both principal and interest, shall be in one denomination of
not to exceed $9,500,000, and shall mature on the date set forth in the Commitment and
approved by the Designated Representative pursuant to Section 13.
The Bond shall bear interest from its dated date or the most recent date to which
interest has been paid at the interest rate set forth in the Commitment. Interest on the
principal amount of the Bond shall be calculated per annum on a 30/360 basis, or as otherwise
provided in the Bond and in the Commitment. Principal of and interest on the Bond shall be
payable at the times and in the amounts as set forth in the Commitment and in the payment
schedule attached to the Bond.
The Bond shall be payable solely out of the Bond Fund and the Reserve Fund and shall
not be a general obligation of the City.
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Section 4. Registration of Bond.
(a) Registrar/Bond Registrar. The Finance Director shall act as Bond Registrar. The
Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond if
transferred or exchanged in accordance with the provisions of the Bond and this ordinance and
to carry out all of the Bond Registrar’s powers and duties under this ordinance.
(b) Registered Ownership. The City and the Bond Registrar may deem and treat the
Registered Owner of the Bond as the absolute owner for all purposes, and neither the City nor
the Bond Registrar shall be affected by any notice to the contrary. Payment of the Bond shall
be made only as described in subsection (d) below. All such payments made as described in
subsection (d) below shall be valid and shall satisfy the liability of the City upon the Bond to the
extent of the amount so paid.
(c) Transfer or Exchange of Registered Ownership. The Bond shall not be
transferrable without the consent of the City unless (i) the Bank’s corporate name is changed
and the transfer is necessary to reflect such change; or (ii) the t ransferee is a successor in
interest of the Bank by means of a corporate merger, an exchange of stock, or a sale of assets.
Notwithstanding the foregoing, the Bond may be transferred upon satisfaction of the
requirements, if any, set forth in the Commitment and in the Bond.
(d) Place and Medium of Payment. Both principal of and interest on the Bond shall
be payable in lawful money of the United States of America. Principal and interest on the Bond
shall be payable by check, warrant, ACH transfer or by ot her means mutually acceptable to the
Bank and the City. Upon final payment of principal and interest of the Bond, the Registered
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Owner shall surrender the Bond for cancellation at the office of the Bond Registrar in
accordance with this ordinance.
Section 5. Priority and Payment from the Waterworks Utility Fund.
(a) Waterworks Utility Fund. A special fund of the City known as the “Waterworks
Utility Fund” has been established by the City, into which shall be deposited all Gross Revenue
as collected. Moneys in the Waterworks Utility Fund shall be trust funds and shall be held
separate and apart from all other funds and accounts of the City.
(b) Priority of Payments from the Waterworks Utility Fund. Gross Revenue on
deposit in the Waterworks Utility Fund (other than in any bond redemption or federal rebate
account) shall be used in the following order of priority:
(i) To pay Maintenance and Operation Expense;
(ii) To pay the interest on the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of interest on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
(iii) To pay the principal of the Parity Bonds, including reimbursements to the
issuer of a Credit Facility if the Credit Facility secures the payment of principal on Parity
Bonds and the ordinance authorizing such Parity Bonds provides for such
reimbursement;
(iv) To make all payments required to be made into any sinking fund or bond
redemption fund hereafter created for the payment of Future Parity Bonds which are
Term Bonds;
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(v) To make all payments required to be made into the Reserve Fund,
including any reimbursements required for Qualified Insurance or Qualified Letter of
Credit;
(vi) To make all payments required to be made into any revenue bond
redemption fund or warrant redemption fund and debt service account or reserve
account created to pay and secure the payment of the principal of and interest on any
revenue bonds or revenue warrants of the City having a lien upon Gross Revenue junior
and inferior to the lien thereon for the payment of the principal of and interest on the
Parity Bonds; and
(vii) To retire by optional redemption or purchase any outstanding revenue
bonds or revenue warrants of the City, to make necessary additions, betterments,
improvements and repairs to or extensions and replacements of the Waterworks Utility,
to make deposits into the Rate Stabilization Fund, or for any other lawful City purpose.
(c) Rate Stabilization Fund. The City has previously created a Waterworks Rate
Stabilization Fund (the “Rate Stabilization Fund”). The City may, at any time, as determined by
the City and as consistent with subsection (b) of this section, deposit Gross Revenue into the
Rate Stabilization Fund, excluding principal proceeds of Parity Bonds or other borrowing. The
City may withdraw any or all of the money from the Rate Stabilization Fund fo r inclusion in
Gross Revenue for any fiscal year of the City. Such deposits or withdrawals may be made up to
and including the date 90 days after the end of the fiscal year for which the deposit or
withdrawal will be included in Gross Revenue. No deposit of Gross Revenue will be made into
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the Rate Stabilization Fund to the extent that such deposit would prevent the City from meeting
the Coverage Requirement.
Section 6. Funds and Accounts.
(a) Bond Fund. There is hereby authorized to be created the Waterworks Revenue
Bond Fund, 2016 (the “Bond Fund”), which shall be a “Parity Bond Fund” and a subaccount of
the Waterworks Utility Fund. The Bond Fund shall be maintained for the purpose of paying the
principal of and interest on the Bond. As long as the Bond remains outstanding, the City hereby
irrevocably obligates and binds itself to set aside and pay from the Waterworks Utility Fund into
the Bond Fund those amounts necessary, together with such other funds as are on hand and
available in the Bond Fund, to pay the interest or principal and interest next coming due on the
Bond. Such payments from the Waterworks Utility Fund to the Bond Fund shall be made in a
fixed amount without regard to any fixed proportion following the closing and delivery of the
Bond on or before each date on which an installment of interest or principal and interest falls
due on the Bond equal to the installment of interest or principal and interest. Money in the
Bond Fund not needed to pay the interest or principal next coming due may temporarily be
deposited in legal investments for City funds, but only to the extent that the same are acquired,
valued and disposed of at Fair Market Value.
(b) Reserve Fund. There has been created by the City a special fund of the City
known as the Waterworks Revenue Bond Reserve Fund (the “Reserve Fund”) for purpose of
securing the payment of the principal of and interest on all Parity Bonds. The City hereby
irrevocably covenants and agrees that on or prior to the date of issuance of the Bond, the
amount on deposit in the Reserve Fund will be at least equal to the Reserve Requirement.
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Except for withdrawals therefrom as authorized herein, the Reserve Fund shall be
maintained at the Reserve Requirement at all times so long as any Parity Bonds are
Outstanding. When the total amount in the Bond Fund shall equal the total amount of principal
and interest for all outstanding Bonds, no further payment need be made into the Bond Fund.
Notwithstanding the first sentence of this paragraph, the Reserve Requirement may be
decreased for any issue of Parity Bonds when and to the extent the City has redeemed or
otherwise defeased any Outstanding Parity Bonds.
If there shall be a deficiency in the Bond Fund to meet maturing installments of either
principal or interest, as the case may be, on the Bond, that deficiency shall be made up from
the Reserve Fund by the withdrawal of cash therefrom for that purpose and after all cash has
been depleted, then by draws on the Qualified Insurance or Qualified Letter of Credit for that
purpose. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall
then be made up from Net Revenue first available after making necessary provisions for the
required payments into the Bond Fund. Any money in the Reserve Fund in excess of the
Reserve Requirement may be withdrawn and deposited in any Parity Bond Fund and spent for
the purpose of retiring Parity Bonds or may be deposited in any other fund and spent for a ny
other lawful Waterworks Utility purpose.
The City may provide for the purchase, redemption or defeasance of Parity Bonds by the
use of money on deposit in the Bond Fund or the Reserve Fund as long as the money remaining
in those funds is sufficient to satisfy the required deposits in those funds for the remaining
Parity Bonds.
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All money in the Bond Fund or Reserve Fund may be kept in cash or on deposit in the
official bank depository of the City or in any national bank or may be invested in any legal
investment for City funds, but only to the extent that the same are acquired, valued and
disposed of at Fair Market Value. Interest on any of those investments or on that bank account
shall be deposited in the Reserve Fund until the total Reserve Requirement shall have been
accumulated therein, after which time the interest shall be deposited in any Parity Bond Fund.
Notwithstanding the provisions for the deposit or maintenance of earnings in the Bond
Fund or the Reserve Fund, the City also may transfer out o f the Bond Fund or Reserve Fund any
money required in order to prevent any Parity Bonds from becoming “arbitrage bonds” under
the Code.
If the City fails to set aside and pay into the Bond Fund or the Reserve Fund the amounts
set forth above, the Registered Owner of any of the outstanding Bonds may bring an action
against the City to compel that setting aside and payment.
(c) Pledge of Revenue and Lien Position. The Net Revenue is hereby pledged to the
payment of the Parity Bonds, and the Parity Bonds shall constitute a lien and charge upon such
Net Revenue prior and superior to any other charge whatsoever.
(d) Regarding Sufficiency of Revenues. The Council hereby finds that in fixing the
amounts to be paid into the Bond Fund out of Gross Revenue, it has e xercised due regard for
the Maintenance and Operation Expense and has not obligated the City to set aside and pay
into such Fund a greater amount of such Gross Revenue than in its judgment will be available
over and above the Maintenance and Operation Expense.
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Section 7. Covenants. The City covenants and agrees with the Registered Owner of the
Bond as follows:
(a) Rate Covenant. It will establish, maintain and collect rates and charges for all
services and facilities provided by the Waterworks Utility which will be fair and
nondiscriminatory, and will adjust those rates and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient to (A) pay all Maintenance
and Operation Expense on a current basis, (B) pay when due all amounts that the City is
obligated to pay into the Reserve Fund and any Parity Bond Funds and (C) pay all taxes,
assessments or other governmental charges lawfully imposed upon the Waterworks Utility or
other revenue therefrom or payments in lieu thereof and any and all other amounts which the
City may now or hereafter become obligated to pay from Gross Revenue by law or contract;
and
(2) Net Revenue in each calendar year will be at least equal to the Coverage
Requirement.
(b) Maintenance and Repair. It will at all times maintain and keep the Waterworks
Utility in good repair, working order and condition and also will at all times operate such Utility
and the business in connection therewith in an efficient manner and at a reasonable cost.
(c) Disposal of Waterworks Utility. It will not sell, lease, mortgage or in any manner
encumber or otherwise dispose of the Waterworks Utility in its entirety unless, simultaneously
with such sale or other disposition, all Parity Bonds are defeased pursuant to the provisions of
this ordinance.
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It will not sell, lease, mortgage or in any manner encumber or otherwise dispose of any
part of the Waterworks Utility (other than timber), including all additions and improvements
thereto and extensions thereof at any time made, that are used, useful or material in the
operation of the Waterworks Utility, unless provision is made for the replacement thereof or
for payment into the Bond Fund of the greatest of the following:
(1) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (defined as the total amount of those bonds less the amount
of cash and investments in the Reserve Fund and any Parity Bond Funds) that Gross Revenue
from the portion of the Waterworks Utility sold or disposed of for the preceding year bears to
the total Gross Revenue for that period;
(2) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (as defined above) that the Net Revenue f rom the portion of
the Waterworks Utility sold or disposed of for the preceding year bears to the total Net
Revenue for that period; or
(3) An amount which will be in the same proportion to the net amount of
any Parity Bonds then outstanding (as defined ab ove) that the depreciated cost value of the
facilities sold or disposed of bears to the depreciated cost value of the entire Waterworks
Utility immediately prior to such sale or disposition.
Notwithstanding any other provision of this subsection, (1) the City in its discretion may
sell or otherwise dispose of any of the works, plant, properties or facilities of the Waterworks
Utility or any real or personal property comprising a part of the same which shall have become
unserviceable, inadequate, obsolete or unfit to be used in the operation of the Waterworks
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Utility, or no longer necessary, material to or useful to the operation of the Waterworks Utility,
without making any deposit into the Bond Fund, and (2) the City may transfer the Waterworks
Utility to another municipal corporation so long as Net Revenue of the portion of the
Waterworks Utility so transferred is used for payment of debt service on the Parity Bonds prior
to any other purpose. In no event shall such proceeds be treated as Gross Revenue for
purposes of this ordinance.
(d) Books and Records. It will keep proper books, records and accounts with respect
to the operations, income and expenditures of the Waterworks Utility in accordance with
proper accounting procedures and any applicable rules and regulations prescribed by the State.
It will prepare annual financial and operating statements within 270 days of the close of each
fiscal year showing in reasonable detail the financial condition of the Waterworks Utility as of
the close of the previous year, and the income and expenses for such year, including the
amounts paid into the Bond Fund and Reserve Fund and into any and all special funds or
accounts created pursuant to this ordinance, the status of all funds and accounts as of the end
of such year, and the amounts expended for maintenance, renewals, replacements and capital
additions to the Waterworks Utility.
(e) No Free Service. Except to aid the poor or infirm, to provide for resource
conservation or to provide for the proper handling of hazardous materials, it will not furnish or
supply or permit the furnishing or supplying of any service or facility in connection with the
operation of the Waterworks Utility free of charge to any person, firm or corporation, public or
private, other than the City, so long as any Parity Bonds are outstanding. On at least an annual
basis, it will determine all accounts that are delinquent and will take all necessary action to
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enforce payment of such accounts against those property owners whose accounts are
delinquent.
(f) Insurance. It at all times will carry fire and extended coverage and such other
forms of insurance, including public liability and property damage insurance, with responsible
insurers and with policies payable to or on behalf of the City a nd any additional insureds on
such of the buildings, equipment, works, plants, facilities and properties of the Waterworks
Utility, and against such claims for damages, as are ordinarily carried by municipal or privately
owned utilities engaged in the operation of like systems, or will implement and maintain a
self-insurance or an insurance pool program with reserves adequate, in the reasonable
judgment of the City, to protect the Waterworks Utility and the Registered Owners of the Parity
Bonds against loss.
(g) Maintenance and Operation Expense. It will pay all Maintenance and Operation
Expense and the debt service requirements for the outstanding Parity Bonds, and otherwise
meet the obligations of the City as herein set forth.
Section 8. Tax Covenants. The City shall take all actions necessary to assure the
exclusion of interest on the Bond from the gross income of the owners of the Bond to the same
extent as such interest is permitted to be excluded from gro ss income under the Code as in
effect on the date of issuance of the Bond, including but not limited to the following:
(a) Private Activity Bond Limitation. The City shall assure that the proceeds of the
Bond are not so used as to cause the Bond to satisfy the private business tests of Section 141(b)
of the Code or the private loan financing test of Section 141(c) of the Code.
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(b) Limitations on Disposition of Improvements. The City shall not sell or otherwise
transfer or dispose of (i) any personal property components of the projects refinanced with
proceeds of the Bond (the “Projects”) other than in the ordinary course of an established
government program under Treasury Regulation 1.141-2(d)(4) or (ii) any real property
components of the Projects, unless it has received an opinion of nationally recognized bond
counsel to the effect that such disposition shall not adversely affect the treatment of interest
on the Bond as excludable from gross income for federal income tax purposes.
(c) Federal Guarantee Prohibition. The City shall not take any action or permit or
suffer any action to be taken if the result of such action would be to cause the Bond to be
“federally guaranteed” within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City shall take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment
earnings, if any, to the federal government, to the extent that such Section is applicable to the
Bond.
(e) No Arbitrage. The City shall not take, or permit or suffer to be taken, any action
with respect to the proceeds of the Bond which, if such action had been reasonably expected to
have been taken, or had been deliberately and intentionally taken, on the date of iss uance of
the Bond would have caused the Bond to be an “arbitrage bond” within the meaning of Section
148 of the Code.
(f) Registration Covenant. The City shall maintain a system for recording the
ownership of the Bond that complies with the provisions of Section 149 of the Code until all
Bond have been surrendered and canceled.
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(g) Record Retention. The City shall retain its records of all accounting and
monitoring it carries out with respect to the Bond for at least three years after the Bond mature
or are redeemed (whichever is earlier); however, if the Bond are redeemed and refunded, the
City shall retain its records of accounting and monitoring at least three years after the earlier of
the maturity or redemption of the obligations that refunded the Bond .
(h) Compliance with Federal Tax Certificate. The City shall comply with the
provisions of the Federal Tax Certificate with respect to the Bond, which are incorporated
herein as if fully set forth herein. The covenants of this section shall survive payment in full or
defeasance of the Bond.
(i) Bank Qualification. The City hereby designates the Bond for purposes of
paragraph (3) of Section 265(b) of the Code and represents that not more than $10,000,000
aggregate principal amount of obligations the int erest on which is excludable (under Section
103(a) of the Code) from gross income for federal income tax purposes (excluding (i) private
activity bonds, as defined in Section 141 of the Code, except qualified 501(c)(3) bonds as
defined in Section 145 of the Code and (ii) current refunding obligations to the extent the
amount of the refunding obligation does not exceed the outstanding amount of the refunded
obligation), has been or will be issued by the City, including all subordinate entities of the City,
during the calendar year 2016.
Section 9. Future Parity Bonds. The City reserves the right to issue Future Parity Bonds
if the following conditions are met and complied with at the time of issuance of th ose
additional bonds:
(a) There shall be no deficiency in any Parity Bond Fund.
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(b) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the payment of the principal thereof and interest thereon out of a Parity Bond
Fund.
(c) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the deposit into the Reserve Fund from the proceeds of those Future Parity Bonds
of (1) an amount equal to the increase in the Reserve Requirement attributable to th ose Parity
Bonds or (2) Qualified Letter of Credit or Qualified Insurance or an amount plus Qualified Letter
of Credit or Qualified Insurance equal to the increase in the Reserve Requirement attributable
to those Future Parity Bonds. At the discretion of the City, the City may provide for deposit into
the Reserve Fund of other legally available money from Net Revenue or Qualified Letter of
Credit or Qualified Insurance on or prior to the date of issuance of such Future Parity Bonds.
(d) The ordinance authorizing the issuance of such Future Parity Bonds shall provide
for the payment of mandatory redemption or sinking fund requirements into the applicable
Parity Bond Fund for any Term Bonds to be issued and for regular payments to be made for the
payment of the principal of such Term Bonds on or before their maturity, or, as an alternative,
the mandatory redemption of those Term Bonds prior to their maturity date from money in the
applicable Parity Bond Fund.
(e) There shall be on file with the City either:
(1) a certificate of the Finance Director demonstrating that Net Revenue for
the Base Period, without regard to deposits into or withdrawals from the Rate Stabilization
Fund, is equal to at least the Parity Requirement; or
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(2) a certificate of a Professional Utility Consultant that in such Consultant’s
opinion Net Revenue for the Base Period, as adjusted, without regard to deposits into or
withdrawals from the Rate Stabilization Fund, shall be equal to at least the Parity Requirement.
The Professional Utility Consultant, in estimating Net Revenue available for debt services, may
adjust Net Revenue to reflect:
(A) Any changes in rates in effect and being charged or expressly
committed by ordinance to be made in the future;
(B) Income derived from customers of the Waterworks Utility who
have become customers during the 12 consecutive month period or thereafter adjusted to
reflect one year’s Net Revenue from those customers;
(C) Income from any customers to be connected to the Waterworks
Utility who have paid the required connection charges;
(D) The Professional Utility Consultant’s estimate of the Net Revenue
to be derived from customers anticipated to connect for whom building permits have been
issued;
(E) Income received or to be received which is derived from any
person, firm corporation or municipal corporation under any executed contract for water,
sewage disposal or other utility service, which revenue was not included in the historical Net
Revenue;
(F) The Professional Utility Consultant’s estimate of the Net Revenue
to be derived from customers with existing homes or buildings which will be required to
connect to any additions to and improvements and extensions of the Waterworks Utility
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constructed and to be paid for out of the proceeds of the sale of the additional Future Parity
Bonds or other additions to and improvements and extensions of the Waterworks Utility when
such additions, improvements and extensions are not completed; and
(G) Any increases or decrease in Net Revenue as a result of any actual
or reasonably anticipated changes in Maintenance and Operation Expense subsequent to the
12-month period.
(f) Refunding Obligations. If Future Parity Bonds proposed to be so issued are for
the sole purpose of refunding outstanding bonds payable from any Parity Bond Fund, such
certification of coverage shall not be required if the amount required for the payment of the
principal and interest in each year for the refunding bonds is not increased more than $5,000
over the amount for that same year required for t he bonds or the portion of that bond issue to
be refunded thereby and if the maturities of such refunding bonds are not extended beyond
the maturities of the bonds to be refunded thereby.
Nothing contained herein shall prevent the City from issuing Future Parity Bonds to
refund maturing Parity Bonds, money for the payment of which is not otherwise available.
(g) Subordinate Lien Obligations. Nothing contained herein shall prevent the City
from issuing revenue bonds that are a charge upon Gross Revenue subordinate to the
payments required to be made therefrom into any Parity Bond Fund.
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Section 10. Form of Bond. The Bond shall be in substantially the following form:
UNITED STATES OF AMERICA
NO. R-1 $____________
STATE OF WASHINGTON
CITY OF RENTON
WATER AND SEWER REVENUE REFUNDING BOND, 2016
INTEREST RATE: _____%
MATURITY DATE: ____________, 20[__]
REGISTERED OWNER: ______________________
PRINCIPAL AMOUNT: ________ MILLION AND NO/100 DOLLARS
The City of Renton, Washington, a municipal corporation organized and existing under
and by virtue of the laws of the State of Washington (herein called the “City”) hereby
acknowledges itself to owe and for value received promises to pay, but only from the sources
and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on
the Maturity Date identified above, the Principal Amount indicated above and to pay interest
thereon from the date of delivery, or the most recent date to whi ch interest has been paid or
duly provided for, at the Interest Rate set forth above (the “Interest Rate”). Interest on this
bond shall accrue from its dated date until paid and shall be computed per annum on the
principal amount outstanding on a 30/360 basis. Principal of and accrued interest on this bond
shall be payable on the dates set forth in the payment schedule attached hereto.
Both principal of and interest on this bond are payable in lawful money of the United
States of America. Principal and interest on this bond shall be payable by check or warrant or
by other means mutually acceptable to the Registered Owner and the City. Upon final payment
of principal and interest of this bond, the Registered Owner shall surrender this bond for
cancellation at the office of the Bond Registrar in accordance with Ordinance No. __________
of the City (the “Bond Ordinance”). Reference is made to the Bond Ordinance and any and all
modifications and amendments thereto for a description of the nature and extent of the
security for this bond, the funds or revenues pledged, and the terms and conditions upon which
such bond is issued.
This bond is being issued for the purpose of refunding certain outstanding water and
sewer revenue bonds of the City and paying costs of issuance of the bond.
The City may prepay this bond as provided in the Bond Ordinance and in the
Commitment. [Any such prepayment may be subject to a prepayment fee.]
This bond has been designated by the City as a “qualified tax-exempt obligation” within
the meaning of Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”).
AGENDA ITEM # 10. a)
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This bond is payable solely from the Bond Fund and the Reserve Fund. The City has
irrevocably obligated and bound itself to pay into the Bond Fund out of the Net Revenue or
from such other moneys as may be provided therefor certain amounts necessary to pay and
secure the payment of the principal and interest on this bond. This bond is not a general
obligation of the City, the State or any other political subdivision.
The City does hereby pledge and bind itself to set aside from the Waterworks Utility
Fund out of the revenue of the Waterworks Utility and to pay into the Bond Fund and the
Reserve Fund the various amounts required by the Bond Ordin ance to be paid into and
maintained in such Funds, all within the times provided by the Bond Ordinance. To the extent
more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the
Waterworks Utility Fund out of the revenue of the Waterworks Utility into the Bond Fund shall
be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the
amounts required to pay and secure the payment of the Outstanding Parity Bonds and any
revenue bonds of the City hereafter issued on a parity with the bond and superior to all other
liens and charges of any kind or nature except Maintenance and Operation Expense.
This bond is issued under and in accordance with the provisions of the Constitution and
applicable statutes of the State of Washington and duly adopted ordinances of the City. The
City hereby covenants and agrees with the owner of this bond that it will keep and perform all
the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and
reference is hereby made to the Bond Ordinance for a complete statement of such covenants.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon
shall have been manually signed by the Bond Registrar.
It is hereby certified that all acts, conditions, and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done, and perfo rmed
precedent to and in the issuance of this bond have happened, been done, and performed.
IN WITNESS WHEREOF, the City of Renton, Washington has caused this bond to be
signed with the facsimile or manual signature of the Mayor, to be attested by the fa csimile or
manual signature of the City Clerk, all as of this _____ day of ____________, 2016.
CITY OF RENTON, WASHINGTON
[SEAL]
By /s/ facsimile or manual
Mayor
ATTEST:
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/s/ facsimile or manual
City Clerk
REGISTRATION CERTIFICATE
This bond is registered in the name of the Registered Owner on the books of the City, in
the office of the Finance Director of the City (the “Bond Registrar”), as to both principal and
interest, as noted in the registration blank below. All payments of principal of and interest on
this bond shall be made by the City from the Bond Fund.
Date of
Registration
Name and Address of
Registered Owner
Signature of
Bond Registrar
__________ __, 2016 ______________________
Finance Director
PAYMENT SCHEDULE
Principal and interest on this bond shall be payable as set forth in the following
schedule:
Date Principal Interest Total Payment
Section 11. Execution of Bond. The Bond shall be executed on behalf of the City with
the manual or facsimile signature of the Mayor, and shall be attested by the manual or
facsimile signature of the Clerk.
Only such Bond as shall bear thereon a Certificate of Authentication in the form earlier
recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or
entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive
evidence that the Bond so authenticated has been duly executed, authenticated and deliv ered
hereunder and is entitled to the benefits of this ordinance.
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In case either of the officers who shall have executed the Bond shall cease to be an
officer or officers of the City before the Bond so signed shall have been authenticated or
delivered by the Bond Registrar, or issued by the City, such Bond may nevertheless be
authenticated, delivered and issued and upon such authentication, delivery and issuance, shall
be as binding upon the City as though those who signed the same had continued to be such
officers of the City. The Bond may also be signed and attested on behalf of the City by such
persons who at the date of the actual execution of the Bond, are the proper officers of the City,
although at the original date of such Bond any such person shall not have been such officer of
the City.
Section 12. Right of Prepayment. The City may prepay the Bond in whole or in part on
any date as set forth in the Commitment and approved by a Designated Repres entative
pursuant to Section 13. If the Bond is prepaid in full, interest shall cease to accrue on the date
such prepayment occurs.
Section 13. Sale of Bond.
(a) Bond Sale. The Council has determined that it would be in the best interest of
the City to delegate for a limited time the authority to request proposals from financial
institutions to purchase the Bond and to approve the final terms of the Bond, as set forth in the
Commitment of the successful respondent. Each Designated Representative and the Placement
Agent are hereby authorized to solicit proposals to purchase the Bond and each Designated
Representative is further authorized to select the Bank that submits the proposal that is in the
best interest of the City.
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Subject to the terms and conditions set forth in this Section 13, each Designated
Representative is hereby authorized to select the Bank, to designate all or a portion of the
Refunding Candidates as Refunded Bonds, to approve the principal amount, principal payment
dates, dated date, denominations, interest payment dates, redemption/prepayment provisions
and interest rate or rates for the Bond, to accept the Commitment, to agree to any additional
terms and covenants that are in the best interest of the City and consistent with this ordinance,
and to execute the sale of the Bond to the Bank; provided that:
(1) the principal amount of the Bond does not exceed $9,500,000,
(2) the final maturity of the Bond is no later than December 1, 2027,
(3) the Bond is sold at a price not less than 97% and not greater than 105 %,
(4) the Bond is sold for a price that results in a minimum net present value
debt service savings over the Refunded Bonds of 5%, and
(5) the true interest cost for the Bond does not exceed 3.00%.
(b) Report to Council; Expiration of Authority. Following the sale of the Bond, a
Designated Representative shall provide a report to Council describing the sale and final terms
of the Bond approved pursuant to the authority delegated in this section. The authority
granted to the Designated Representatives by this section shall expire on December 31, 2016.
If the Bond has not been sold by December 31, 2016, the authorization for the issuance of the
Bond shall be rescinded, and the Bond shall not be issued nor its sale approved unless such
Bond shall have been re-authorized by ordinance of the Council. The ordinance re -authorizing
the issuance and sale of such Bond may be in the form of a new ordinance repealing this
ordinance in whole or in part or may be in the form of an amendatory ordinance approving a
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Commitment or establishing terms and conditions for the authority delegated under this
Section 13.
(c) Delivery of Bond; Documentation. Upon the passage and approval of this
ordinance, the proper officials of the City, including the Designated Representatives, are
authorized and directed to undertake all action necessary for the prompt execution and
delivery of the Bond to the Bank and further to execute all closing certificates, agreements, loan
agreements, and documents required to effect the closing and delivery of the Bond in
accordance with the terms of the Commitment.
Section 14. Application of Bond Proceeds; Plan of Refunding.
(a) Refunding Plan. For the purpose of realizing a debt service savings and
benefiting the City’s ratepayers, the Council proposes to refund and defease the Refunded
Bonds as set forth herein. The Refunded Bonds shall include those Refunding Candidates
designated by a Designated City Representative and identified in the Escrow Agreement.
Proceeds of the Bond shall be deposited with the Escrow Agent pursuant to the Escrow
Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as
authorized by the 2008 Bond Ordinance and to pay costs of issuance of the Bond.
The net proceeds deposited with the Escrow Agent shall be used to defease the
Refunded Bonds and discharge the obligations thereo n by the purchase of certain Government
Obligations (which obligations so purchased, are herein called “Acquired Obligations”), bearing
such interest and maturing as to principal and interest in such amounts and at such times
which, together with any necessary beginning cash balance, will provide for the payment of:
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(1) interest on the Refunded Bonds due and payable on and prior to the Call
Date; and
(2) the redemption prices of the Refunded Bonds on the Call Date.
Such Acquired Obligations shall be purchased at a yield not greater than the yield
permitted by the Code and regulations relating to acquired obligations in connection with
refunding bond issues.
(b) Escrow Agent/Escrow Agreement. The City hereby appoints U.S. Bank National
Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the “Escrow
Agent”). A beginning cash balance, if any, and the Acquired Obligations shall be deposited
irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The
proceeds of the Bond remaining after acquisition of the Acquired Obligations and provision for
the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and
safekeeping of the Acquired Obligations and expenses of the issuance of the Bond.
In order to carry out the purposes of this Section 14, the Finance Director is authorized
and directed to execute and deliver to the Escrow Agent, an Escrow Agreement.
(c) Call for Redemption of Refunded Bonds. The Designated Representatives are
hereby authorized to set aside sufficient funds out of the purchase of Acquired Obligations
from proceeds of the Bond to make the payments described in Section 14(d).
The Designated Representatives are hereby authorized to call the Refunded Bonds for
redemption on their Call Date in accordance with the provisions of the 2008 Bond Ordinance
authorizing the redemption and retirement of the 2008A Bonds prior to their fixed maturities.
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Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable
after the issuance of the Bond and delivery of the Acquired Obligations to the Escrow Agent.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
2008 Bond Ordinance. The costs of publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or,
at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums
sufficient to pay, when due, the payments specified in this ordinance. All such sums shall be
paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the
income therefrom and proceeds thereof. All such sums so paid to said Finance Director shall be
credited to the Refunding Account, which is hereby authorized to be created . All moneys and
Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held ,
invested (but only at the direction of the Finance Director) and applied in accordance with the
provisions of this ordinance and with the laws of the State for the benefit of the City and
owners of the Refunded Bonds.
The City will take such actions as are found necessary to see that all necessary and
proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be
paid when due.
Section 15. Ongoing Disclosure; Additional Covenants.
(a) Ongoing Disclosure. The Bond is exempt from ongoing disclosure requirements
of the Rule.
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(b) Covenants. The City may agree to provide the Bank certain financial or other
information and agree to such additional covenants as determined to be necessary by a
Designated Representative and as set forth in the Commitment and approved by the
Designated Representative pursuant to Section 13.
Section 16. Lost, Stolen or Destroyed Bond. In case the Bond shall be lost, stolen or
destroyed while in the Registered Owner’s possession, the Bond Registrar may at the request of
the Registered Owner execute and deliver a new Bond of like date, number and tenor to the
Registered Owner thereof upon the Registered Owner’s paying the expenses and charges of the
City and the Bond Registrar in connection therewith and upon its filing with the City written
certification that such Bond was actually lost, stolen or destroyed and of i ts ownership thereof.
In the case the Bond shall be lost, stolen, or destroyed while in the Registered Owner’s
possession, the Registered Owner may elect upon final payment of principal and interest of the
Bond to surrender a photocopy of the Bond for can cellation at the office of the Bond Registrar
together with written certification that such Bond was actually lost, stolen or destroyed and of
its ownership thereof.
Section 17. Contract; Savings Clause. The covenants contained in this ordinance and
in the Bond shall constitute a contract between the City and the Registered Owner of the Bond.
If any one or more of the covenants or agreements provided in this ordinance to be performed
on the part of the City shall be declared by any court of competent jurisdiction and after final
appeal (if any appeal be taken) to be contrary to law, then such covenant or covenants,
agreement or agreements, shall be null and void and shall be deemed separable from th e
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remaining covenants and agreements in this ordinance and shall in no way affect the validity of
the other provisions of this ordinance or of the Bond.
Section 18. General Authorization; Ratification of Prior Acts. The Mayor, the Chief
Administrative Officer, the Finance Director and other appropriate officers of the City are
authorized to take any actions and to execute documents as in their judgment may be
necessary or desirable in order to carry out the terms of, and complete the transactions
contemplated by, this ordinance. All acts taken pursuant to the authority of this ordinance but
prior to its effective date are hereby ratified.
Section 19. Effective Date of Ordinance. This ordinance shall be effective upon its
passage, approval, and thirty (30) days after publication.
PASSED by the City Council this 11th day of July, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ____ day of July, 2016.
Denis Law, Mayor
Approved as to form:
Pacifica Law Group LLP
Bond Counsel
Date of Publication: ___________________
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10018 00009 ff222r42j3
CERTIFICATE
I, the undersigned, City Clerk of the City Council of the City of Renton, Washing ton (the
“City”), DO HEREBY CERTIFY:
1. The attached copy of Ordinance No. ________ (the “Ordinance”) is a full, true
and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on July 11, 2016, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect after publication in
the City’s official newspaper as provided by law; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage
of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July, 2016.
Jason A. Seth, City Clerk
AGENDA ITEM # 10. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING CHAPTER
8, SIDEWALK CONSTRUCTION, OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF
THE RENTON MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 9-8,
“SIDEWALK MAINTENANCE AND CONSTRUCTION.”
WHEREAS, maintenance and repair of sidewalks are an element of public safety; and
WHEREAS, abutting property owners are responsible for the maintenance and repair of
the sidewalks adjoining their properties; and
WHEREAS, abutting property owners do not always repair hazardous sidewalks in a timely
fashion; and
WHEREAS, the City of Renton is a non-charter code city with many financial
responsibilities; and
WHEREAS, the City has limited resources to devote to sidewalk maintenance and repair
within its budget; and
WHEREAS, the City Council is exercising its discretionary legislative authority to devote
what resources it deems advisable toward the maintenance and repair of the City’s sidewalks;
and
WHEREAS, the City Council has determined that the City shall allocate those resources by
creating a Sidewalk Rehabilitation and Replacement Program; and
WHEREAS, the Sidewalk Rehabilitation and Replacement Program is designed to maintain
and repair those sidewalks determined by the City Council to be in greatest need of rehabilitation;
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of
the Renton Municipal Code, is hereby repealed in its entirety and replaced with a new Chapter
9-8, entitled “Sidewalk Maintenance and Construction,” to read as follows:
CHAPTER 8
SIDEWALK MAINTENANCE AND CONSTRUCTION
SECTION:
9-8-1: Definitions
9-8-2: Abutting Property Owner’s Responsibility
9-8-3: Expense Of Construction, Repair And Maintenance
9-8-4: Procedure To Order Construction Or Repair
9-8-5 Hazardous Conditions Of Sidewalk
9-8-6: Indemnification
9-8-1 DEFINITIONS:
A. Abutting Property Owner: The owner, or person in charge, of real property
having frontage on the margin of any street, public place, or where sidewalk exists
or is required to exist.
B. Administrator: For the purposes of this Chapter, the Administrator of the
Public Works Department, or designee, unless otherwise stated.
C. Sidewalk: All structures or forms of improvement for pedestrians included
in the space between the street margin, as defined by a curb or the edge of the
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
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traveled road surface, and the line where the public right-of-way meets the
abutting property.
D. Sidewalk Improvement: Any construction, reconstruction, or repair made
to a sidewalk.
E. Sidewalk Maintenance: The removal and disposal of debris, litter and
vegetation which tends to impair the utilization of the right-of-way for public
purposes and the removal of ice and snow from sidewalks.
F. Sidewalk Reconstruction: The removal and disposal of broken, cracked,
raised or sunken portions of the sidewalk, or broken, cracked or dislodged
portions of retaining walls and rockeries lying within the right-of-way, and
replacement of the removed sections with materials to match the portion on
either side of the removed section in accordance with City standards.
G. Sidewalk Repair: The removal, replacement, and/or grinding and patching
of small damaged portions of sidewalks, retaining walls or rockeries lying within
the right-of-way with like materials. Repair of damaged portions exceeding ten
(10) linear feet shall be classified as reconstruction.
9-8-2 ABUTTING PROPERTY OWNER’S RESPONSIBILITY:
It shall be the responsibility of the owner of property abutting upon a public
sidewalk to maintain the sidewalk at all times in a safe condition, free of any and
all obstructions or hazardous conditions, including but not limited to ice, snow,
vegetation, loose dirt, rocks and debris.
9-8-3 EXPENSE OF CONSTRUCTION, REPAIR AND MAINTENANCE:
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
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A. Responsible Party: The burden and expense of maintaining sidewalks
shall devolve upon and be borne by the owner of the property directly abutting
the sidewalk; the property owner shall be responsible only for the sidewalk
abutting his or her property. The abutting property owner shall be responsible for
performing and paying for sidewalk construction and repairs, unless such
improvements are part of a program approved and funded by the City Council.
The abutting property owner shall be responsible for performing and paying for
sidewalk reconstruction upon a written finding adopted via resolution that a
current or past owner caused the hazardous condition(s) defined by section 9-8-
5, Hazardous Conditions of Sidewalk. An abutting property owner shall not be
charged with the costs of reconstruction if the reconstruction is required to
correct deterioration or damage to the sidewalk that is the direct result of actions
by the City or its agents, or to correct deterioration of, or damage to, the sidewalk
that is the direct result of the failure of the City to enforce its ordinances. The
abutting property owner shall be liable for the costs of repair, to the extent
permitted by Chapter 35.68 RCW.
B. Sidewalk Barriers: When the sidewalk is located more than two feet (2’)
above or below the abutting property, or if the slope of the property immediately
adjacent to the sidewalk exceeds a one-to-one (1:1) ratio, the erection and/or
maintenance of suitable barriers along the outer margin of the sidewalk shall be
the responsibility of the owner of the directly abutting property. If the difference
in elevation is the result of a change in street grade occasioned by any city, county
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
5
or state roadway construction, reconstruction, or improvement project, then in
that event said barrier shall be erected or installed as a part of such project and
the cost thereof shall be included in the project. The subsequent maintenance,
cleaning, repair and renewal of said barrier shall be the responsibility of the owner
of the directly abutting property. All such repairs shall be made after application
for and issuance of a proper right-of-way construction permit therefor, as required
by law, and all of such work to be duly inspected and approved by the
Administrator.
9-8-4 PROCEDURE TO ORDER CONSTRUCTION OR REPAIR:
A. Sidewalk Repair: Sidewalk repair may be performed by the Maintenance
Services Division through the Sidewalk Rehabilitation and Replacement Program
on an as-needed basis to improve pedestrian safety and remove tripping hazards.
Temporary repairs such as grinding or installing asphalt patches may be used.
Work conducted under the Sidewalk Rehabilitation and Replacement Program is
performed at the discretion of the Administrator until budgeted resources are
depleted, and does not require a biennial report to the City Council or City Council
resolution.
B. Biennial Report to Council: If, in the judgment of the Administrator, public
convenience or safety requires that a sidewalk be constructed, reconstructed, or
repaired, such determination shall be reported to the City Council on a biennial
basis in conjunction with a proposed resolution. The resolution shall specify the
location(s) and length(s) of sidewalk to be constructed, reconstructed, or repaired
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
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based upon the Administrator’s assessment of documented hazardous sidewalk,
the severity of those hazardous conditions, the cost of making improvements, and
available budgeted funds.
C. Cost of Improvements: If upon receiving a report from the Administrator,
the City Council, in its discretion, deems the construction, reconstruction, or repair
of such sidewalk necessary for public convenience or safety, the City Council may
then order such work to be performed. The City may participate in the cost of
engineering, when required, removal of vegetation, placing topsoil, bankrun
gravel, drains, or other materials. In the case of corner lots, the City may pay the
full cost of the sidewalk aprons and the curb around the radius from back of walk
to back of walk. The City may also pay the full cost of replacing defective alley
crossings. The City may construct, reconstruct or repair sidewalks and pay the
costs thereof from any available budgeted funds in such amounts as the City
Council, in its discretion, may determine, or the City may require the abutting
property owner to construct the sidewalk improvement at his or her own cost or
expense; alternatively, the City may assess all or any portion thereof against the
abutting property owner in accordance with Chapter 35.68 RCW. In the event the
City requests an abutting property owner to undertake or pay for the
improvement, it shall follow the procedures for resolution, notice and hearing on
such improvements as outlined in Chapter 35.68 RCW. The Administrator is
authorized to enter into agreements with owners of abutting property for the
repair of any sidewalk or curb determined defective or hazardous as herein
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
7
defined. The agreements shall define the extent of costs involved and the amount,
if any, to be contributed by the City and the property owner.
D. Citizen Requests: Any person requesting the City to construct, reconstruct,
or repair sidewalk shall make requests in writing to the Maintenance Services
Division of the Public Works Department. Such requests shall accurately identify
the abutting property, those portions of the right-of-way sought to be improved,
and photographic documentation of the conditions if requested by the City. On a
biennial basis the Administrator shall prepare a report that assesses requests
submitted during the previous two (2) years, make a determination of
improvements necessary or convenient for the public health, safety or welfare,
and determine the priority among other sidewalk improvement requests and City
projects with respect to the conditions of the sidewalk, estimated cost of
improvements, available City resources, and other factors promulgated by the
Administrator or City Council.
E. Sidewalk Construction by Property Owner: Any person desiring to
construct, reconstruct, repair, alter or relocate any sidewalk abutting their
property shall submit a complete application in writing to the Development
Services Division of the Department of Community and Economic Development.
No change or relocation of any sidewalk shall be made until the issuance of an
appropriate permit.
F. Sidewalk Standards: Sidewalks shall be designed and constructed to
conform with existing City standards. The Community and Economic Development
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
8
Administrator may approve deviations from existing sidewalk standards through
a Modifications Permit.
9-8-5 HAZARDOUS CONDITIONS OF SIDEWALK:
It shall be a code violation for the owner of any property abutting upon any public
street right-of-way or alley in the City to construct, place, cause, create, maintain,
or permit to remain upon any part of said right-of-way any condition, structure,
or object dangerous or hazardous to members of the general public, including but
not limited to the following conditions:
A. Defective sidewalk surfaces, including but not limited to broken or cracked
cement concrete, upheaved, elevated, or depressed cement concrete within or
between sidewalk joints;
B. Defective cement concrete surfaces placed adjacent to the public sidewalk
or defects at the juncture between said cement surfaces and said public sidewalks,
including elevations or depressions at said junction;
C. Defects in sidewalks or public ways caused or contributed to by the roots or
trees or similar growth or vegetation located either on private adjoining property
or on the parking strip portion of any such street right-of-way;
D. Defective conditions caused by tree limbs, foliage, brush, or grass on or
extending over such public sidewalks or rights-of-way or tree roots extending
under such public sidewalks or rights-of-way and damaging the sidewalk;
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
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E. Defective conditions between the curb line and the sidewalk or, if there is
no curb line, then between the edge of the traveled portion of the street and the
sidewalk and between the sidewalk and the abutting property line;
F. Defects resulting from accumulation of ice and snow on public sidewalks or
on the right-of-way between the curb line or, if there is no curb line, then between
the adjacent edge of the traveled portion of the street roadway and the abutting
property line;
G. Defects consisting of foreign matter on the public sidewalks, including but
not limited to gravel, oil, dirt, vegetation, leaves, grease, moss, or any other
foreign subject matter that might cause pedestrians using said sidewalk to fall,
stumble, or slip by reason of the existence of such foreign matter;
H. Defective handrails or fences or other similar structures within or
immediately adjacent to said right-of-way area; and
I. Any defect or obstruction that is likely to cause injury to a reasonable person
exercising due care for their own safety or wellbeing.
9-8-6 INDEMNIFICATION:
A. Notification of Hazardous Conditions on Sidewalk: In order to protect the
public, owners of property abutting a sidewalk are obligated to report, in writing,
any hazardous conditions, as described by subsection 9-8-5, Hazardous Conditions
of Sidewalk, of that portion of the sidewalk to the Maintenance Services Division
of the Public Works Department.
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
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B. Property Owner Liable: In the event of any injury or damage to any persons
and/or property proximately caused by a defective, dangerous or hazardous
sidewalk condition as specified in this Chapter, the City shall:
1. Notify all record owners of property abutting the hazardous sidewalk
condition(s) of any claim for injury within sixty (60) days of receipt of such claim.
Such notification shall advise the abutting owner of the nature of the claim, and
shall provide a copy of the notice of claim filed by the claimant, and offer the
property owner an opportunity to defend, adjust, or pay the claim; and
2. Notify the abutting property owner more than thirty (30) days prior to
trial or arbitration, or more than fourteen (14) days prior to payment of any claim
for damages, of the pendency of trial, arbitration, or payment. Such notification
shall advise the property owner of the right to attend and participate in such trial
or arbitration, and the right to prevent the City from making payment to an injured
person by agreeing, in writing, fourteen (14) days in advance of trial or arbitration,
or three (3) days in advance of the date of payment, to assume the entire defense
of the claim.
C. Indemnification: If the City makes payment, by reason of judgment or
settlement, for any claim for damages proximately caused by a hazardous
sidewalk condition, the City has the right to indemnification by and from any
abutting property owner who had actual knowledge of the condition constituting
the hazard, if:
AGENDA ITEM # 10. b)
ORDINANCE NO. ________
11
1. The abutting property owner failed to notify the Maintenance Services
Division of the Public Works Department, as provided herein, of the hazardous
sidewalk condition prior to the injury for which a claim is made; and
2. Such failure to notify proximately caused the injuries claimed; and
3. The City did not cause the hazard, create the hazard, or have actual
knowledge of the hazard.
SECTION II. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordnance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1925:6/2/16:scr
AGENDA ITEM # 10. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 4‐5‐020, 4‐5‐050, 4‐5‐051, 4‐5‐055, 4‐5‐060, 4‐5‐090, 4‐5‐100, 4‐5‐110
AND 4‐5‐130 OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF
TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE,
ADOPTING BY REFERENCE AND AMENDING THE MOST RECENT EDITIONS OF
STATE, NATIONAL, UNIFORM AND INTERNATIONAL CODES AND AMENDING
THE CONSTRUCTION ADMINISTRATIVE CODE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 4‐5‐020.C, City Clerk Duty, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
C. CITY CLERK DUTY:
The City Clerk is hereby authorized and directed to duly authenticate and
record shall keep a copy of the International, Uniform and other Codes adopted
under this Chapter, together with any amendments or additions thereto,
together with an authenticated copy of this Chapter and made available in the
City Clerk’s Office for examination by the public.
SECTION II. Subsection 4‐5‐050.A, Adoption, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
A. ADOPTION:
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
2
The 2012 2015 Edition of the International Building Code (IBC) including the
adoption of ICC/ANSI A117.1‐2009, Requirements for Accessible and Useable
Buildings and Facilities, as adopted and amended by the State Building Code
Council in chapter 51‐50 WAC, as published by the International Code Council,
excluding Chapter 1, Administration, is adopted by reference, together with the
following amendments and additions. The Construction Administrative Code, as
set forth in RMC 4‐5‐060, shall be used in place of IBC Chapter 1, Administration.
Appendix E – Supplementary Accessibility Requirements of the 2012 2015
Edition of the International Building Code is also adopted by reference.
The 2012 2015 International Existing Building Code (IEBC) is included in the
adoption of the International Building Code as provided by IBC Section 3401.5
101.4.7 and amended in WAC 51‐50‐480000, including Appendix A, Guidelines
for the Seismic Retrofit of Existing Buildings, excluding Chapter 1, Part 2 –
Administration. The Construction Administrative Code, as set forth in RMC 4‐5‐
060, shall be used in place of IEBC Chapter 1, Part 2 – Administration.
The 2015 International Swimming Pool and Spa Code (ISPSC) is included in
the adoption of the International Building Code as provided by IBC Section
3109.1 and amended in WAC 51‐50‐3109, excluding Chapter 1, Part 2 –
Administration. The Construction Administrative Code, as set forth in RMC 4‐5‐
060, shall be used in place of ISPSC Chapter 1, Part 2 – Administration. The
design and construction of swimming pools, spas and other aquatic recreation
facilities shall comply with the International Swimming Pool and Spa Code,
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
3
except that Public swimming pool barriers are regulated by WAC 246‐260‐031(4).
All other "water recreation facilities" as defined in RCW 70.90.110 are regulated
under chapters 246‐260 and 246‐262 WAC.
SECTION III. Subsection 4‐5‐050.C.4, Electrical Power, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
repealed.
SECTION IV. Subsection 4‐5‐050.D.1, Section 903.2, Where required, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
1. Section 903.2, Where required. Approved automatic sprinkler systems
in new buildings and structures shall be provided in the locations described in
this Section.
All newly constructed buildings with a gross square footage of five
thousand (5,000) or greater square feet, regardless of type of use as well as zero
lot line townhouses within an aggregate area of all connected townhouses
equaling five thousand (5,000) square feet or greater square feet must be
sprinklered. Additions to existing buildings which would result in a gross floor
area greater than five thousand (5,000) square feet must be retrofitted with an
automatic sprinkler system.
Exceptions:
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
4
a. One time additions to Group R‐3 occupancies of up to five hundred
(500) square feet are permitted without compliance with this Section.
b. One‐ and two‐family dwellings and townhouses built in compliance
with the International Residential Code and meeting fire flow and access
requirements of the City of Renton.
When not required by other provisions of this Chapter, a fire
extinguishing system installed in accordance with NFPA 13 may be used for
increases and substitutions allowed in Sections 504.2, 504.3, 506.3 506.2 and
Table 601.
SECTION V. Subsection 4‐5‐050.D.8, Section 903.2.2, Group E, of Chapter 5, Building
and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
8. Section 903.2.2, 903.2.3, Group E. An automatic sprinkler system shall
be provided for Group E occupancies as follows:
a. Throughout all Group E fire areas greater than five thousand
(5,000) square feet in area.
b. Throughout every portion of educational buildings below the
lowest level of exit discharge serving that portion of the building.
Exception:
Portable school classrooms, provided aggregate area of clusters of
portable school classrooms does not exceed five thousand (5,000) square feet;
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
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and clusters of portable school classrooms shall be separated as required by the
building code.
SECTION VI. Subsection 4‐5‐050.D.15, Section 903.2.6, Group I, of Chapter 5, Building
and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is repealed.
SECTION VII. Subsection 4‐5‐050.D.16, Section 903.2.7, Group M, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
16 15. Section 903.2.7, Group M. An automatic sprinkler system shall be
provided throughout buildings containing a Group M occupancy where one (1) of
the following conditions exists:
a. Where a Group M gross floor area exceeds five thousand (5,000)
square feet;
b. Where a Group M fire area is located more than three (3) stories
above grade plane;
c. Where the combined area of all Group M fire areas on all floors,
including any mezzanines, exceeds five thousand (5,000) square feet; or
d. A Group M occupancy is used for display and sale of upholstered
furniture or mattresses exceeds five thousand (5,000) square feet.
SECTION VIII. Subsections 4‐5‐050.D.17, Section 903.2.7.1, High piled storage; and 4‐5‐
050.D.18, Section 903.2.8, Group R, of Chapter 5, Building and Fire Prevention Standards, of
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
6
Title IV (Development Regulations) of the Renton Municipal Code, are repealed and the
remaining subsections shall be renumbered accordingly.
SECTION IX. Subsections 4‐5‐050.D.19, Section 903; 4‐5‐050.D.20, Section 903.2.9,
Group S‐1; and 4‐5‐050.D.21, Section 903.2.9.1, Repair Garages, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, are
amended as follows:
19 16. Section 903 is amended by adding Sections 903.2.8.1 903.2.8.5
and 903.2.8.2 903.2.8.6 to read as follows:
Section 903.2.8.1 903.2.8.5 – Group R‐3 occupancy. When the
occupancy has over five thousand (5,000) square feet of gross floor area.
Section 903.2.8.2 903.2.8.6 – Dwellings. When proposed within all
residential zones, clustered or constructed so that, when attached, the total
square foot gross floor area of all dwelling units exceeds five thousand
(5,000) square feet. For the purpose of this subsection, portions of buildings
separated by one (1) or more firewalls will not be considered a separate
building.
20 17. Section 903.2.9, Group S‐1. An automatic sprinkler system shall be
provided throughout all buildings containing a Group S‐1 occupancy where one
of the following conditions exists:
a. A Group S‐1 fire area exceeds five thousand (5,000) square feet.
b. A Group S‐1 fire area is located more than three (3) stories above
grade plane.
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
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c. The combined area of all Group S‐1 fire areas on all floors, including
any mezzanines, exceeds five thousand (5,000) square feet.
d. A Group S‐1 fire area used for the storage of commercial trucks or
buses motor vehicles where the fire area exceeds five thousand (5,000) square
feet.
e. A Group S‐1 occupancy used for the storage of upholstered
furniture or mattresses exceeds two thousand five hundred (2,500) square feet.
21 18. Section 903.2.9.1, Repair Garages. An automatic sprinkler system
shall be provided throughout all buildings used as repair garages in accordance
with Section 406 of the International Building Code, as shown:
a. Buildings having two (2) or more stories above grade plane,
including basements, with a fire area containing a repair garage exceeding five
thousand (5,000) square feet.
b. Buildings no more than one (1) story above grade plane, with a fire
area containing a repair garage exceeding five thousand (5,000) square feet.
c. Buildings with repair garages servicing vehicles parked in
basements.
d. A Group S‐1 fire area used for the repair of commercial trucks or
buses motor vehicles where the fire area exceeds five thousand (5,000) square
feet.
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
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SECTION X. Subsection 4‐5‐050.D.24, Section 903.2.10.1, Commercial Parking
Garages, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
24 21. Section 903.2.10.1, Commercial Parking Garages. An automatic
sprinkler system shall be provided throughout buildings used for storage of
commercial trucks or buses motor vehicles where the fire area exceeds five
thousand (5,000) square feet.
SECTION XI. Subsection 4‐5‐050.D.31, Section 903.2.11.3, Buildings Fifty‐Five Feet
(55’) or More in Height, of Chapter 5, Building and Fire Prevention Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
31 28. Section 903.2.11.3, Buildings Fifty‐Five Feet (55') or More in
Height. An automatic sprinkler system shall be installed throughout buildings
that have one or more stories with a floor level having an occupant load of thirty
(30) or more that is located fifty‐five feet (55') or more above the lowest level of
fire department vehicle access, measured to the finished floor.
Exceptions: Airport control towers.
a. Open parking structures; and
b. Occupancies in Group F‐2.
SECTION XII. Subsection 4‐5‐050.D.34, Section 903.2.11.6, Other Required Suppression
Systems, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
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34 31. Section 903.2.11.6, Other Required Suppression Systems. In
addition to the requirements of Section 903.2, the provisions indicated in Table
903.2.11.6 also require the installation of a fire suppression system for certain
buildings and areas.
SECTION XIII. Subsection 4‐5‐050.D.37, Section 903, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
37 34. Section 903 is amended to add a new Section 903.2.14 to read as
follows:
Section 903.2.14, Sprinkler Systems in Remodeled Buildings:
a. Section 903.2.14.1 – When existing buildings with full sprinkler
systems are remodeled or added onto, the remodeled or added on portion shall
be fully sprinklered.
b. Section 903.2.14.2 – When an existing building is added onto or
remodeled and the resulting total square foot gross floor area exceeds five
thousand (5,000) square feet, then the entire structure shall be fully sprinklered.
All existing non‐sprinklered buildings currently exceeding five thousand (5,000)
square feet where a remodel, alteration or repair exceeds fifty percent (50%) of
the building valuation within a three (3) year period shall have a sprinkler system
installed throughout the building. Valuation shall be determined from the King
County Assessor records at the time of the first application for a building permit.
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
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SECTION XIV. Section 4‐5‐051, Washington State Energy Code Adopted, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
4‐5‐051 WASHINGTON STATE ENERGY CODE ADOPTED:
The Washington State Energy Code (WSEC), as adopted by the State Building
Code Council in chapter 51‐11 WAC, excluding the Administration sections C106
through C111 and R106 through R111, is adopted by reference. The Construction
Administrative Code, as set forth in RMC 4‐5‐060, shall be used in place of the
Administration sections C106 through C111 and R106 through R111.
SECTION XV. Section 4‐5‐055, International Residential Code Adopted, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
4‐5‐055 INTERNATIONAL RESIDENTIAL CODE ADOPTED:
The 2012 2015 Edition of the International Residential Code (IRC), as adopted
and amended by the State Building Code Council in chapter 51‐51 WAC, as
published by the International Code Council, is adopted by reference, with the
City’s amendments thereto, as specified in subsections 4‐5‐055.A through 4‐5‐
055.C, below. Chapter 1, Administration, is not adopted and the Construction
Administrative Code, as set forth in RMC 4‐5‐060, shall be used in place of IRC
Chapter 1, Administration.
AGENDA ITEM # 10. c)
ORDINANCE NO. ________
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A. City Amendments to IRC Table R301.2(1), Climatic and Geographic
Design Criteria: Table R301.2(1) of the International Residential Code is
amended to read as follows:
Footnotes:
1. When using this roof snow load it will be left to the engineer’s
judgment whether to consider drift or sliding snow. However, rain on snow
surcharge of five (5) psf must be considered for roof slopes less than five degrees
(5°).
2. Wind exposure category and Topographic effects (Wind Speed‐up Kzt
factor) shall be determined on a site‐specific basis by the Design Professional in
Responsible Charge (components and cladding need not consider topographic
effects unless otherwise determined by the engineer of record).
3. From IRC Table 301.2(1).
4. Weathering may require a higher strength concrete or grade of
masonry than necessary to satisfy the structural requirements of this code. The
IRC Table R301.2(1)
Climatic and Geographic Design Criteria
Roof
Snow
Load1
Wind Design2
Seismic
Design
Category
3
Subject to Damage From:
Outside
Design
Temp. –
Heat/Cool
Ice
Barrier
Under‐
layment
Required
Flood
Hazards5
Air
Freezing
Index
Mean
Annual
Temp. Speed
Topo‐
graphic
Effects
Weathering
4
Frost
Line
Depth
Termite
Decay
25 psf 110
mph
See
footnote
2
D2 Moderate 12" Slight to
Moderate
24ºF/83ºF No N/A 113 50ºF
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grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C
90, C 129, C 145, C 216 or C 652.
5. The City of Renton participates in the National Flood Insurance
Program (NFIP) as specified in City of Renton Resolution No. 1984, dated April
21, 1975. The City’s Flood Insurance Study is April 19, 2005, and the number and
date of current effective Flood Insurance Rate Maps (FIRMS) are as follows:
53033CIND0A 04/19/2005
53033C0664F 05/16/1995
53033C0666F 05/16/1995
53033C0668F 05/16/1995
53033C0669F 05/16/1995
53033C0957F 05/16/1995
53033C0976F 05/16/1995
53033C0977F 05/16/1995
53033C0978F 05/16/1995
53033C0979F 05/16/1995
53033C0981F 05/16/1995
53033C0982F 05/16/1995
53033C0983F 05/16/1995
53033C0984F 05/16/1995
53033C0986F 05/16/1995
53033C0987F 05/16/1995
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B. Exceptions: The provisions of this code do not apply to temporary
growing structures used solely for the commercial production of horticultural
plants including ornamental plants, flowers, vegetables, and fruits. “Temporary
growing structure” means a structure that has the sides and roof covered with
polyethylene, polyvinyl, or similar flexible synthetic material and is used to
provide plants with either frost protection or increased heat retention. A
temporary growing structure is not considered a building for purposes of this
code.
C. Conflicts: In the case of conflict between the duct sealing or insulation
requirements of Section 603 or Section 604 of this code and the duct sealing or
insulation requirements of Chapter 51‐11C/R WAC, the Washington State Energy
Code, shall govern.
SECTION XVI. Subsection 4‐5‐060.A.2, 101.2 Scope, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
2. 101.2 Scope. The provisions of this Construction Administrative Code
shall apply to building, plumbing, and mechanical permits and the following
“Construction Codes”:
a. 2012 2015 International Building Code – WAC 51‐50;
b. 2012 2015 International Residential Code – WAC 51‐51;
c. 2012 2015 International Mechanical Code – WAC 51‐52;
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d. 2012 2015 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – WAC
51‐52;
e. 2011 2014 Liquefied Petroleum Gas Code (NFPA 58) – WAC 51‐52;
f. 2012 2015 Uniform Plumbing Code – WAC 51‐56 and 51‐57;
g. 2014 National Electrical Code (NFPA 70);
h. 2012 2015 International Property Maintenance Code. ;
i. 2015 International Existing Building Code – WAC 51‐50‐48000; and
j. 2015 International Swimming Pool and Spa Code – WAC 51‐50‐3109
and WAC 51‐51‐0329.
SECTION XVII. Subsection 4‐5‐060.A.5, 101.4 Intent, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
5. 101.4 Intent. The purpose of the Construction Codes and the
Construction Administrative Code is to establish the minimum requirements to
safeguard the provide a reasonable level of safety, public health, safety and
general welfare through structural strength, means of egress facilities, stability,
sanitation, adequate light and ventilation, energy conservation, and safety to life
and property from fire and other hazards attributed to the built environment
and to provide a reasonable level of safety to fire fighters and emergency
responders during emergency operations.
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SECTION XVIII. Subsection 4‐5‐060.A.6.a, 101.5.1 International Building Code –
Scope, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
a. 101.5.1 International Building Code – Scope. The provisions of the
International Building Code (IBC) shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal, and demolition of every building or structure or
any appurtenances connected or attached to such buildings or structures.
Exception: Detached one (1) ‐ and two (2) ‐ family dwellings and
multiple single‐family dwellings (townhouses) not more than three (3) stories
above grade plane in height with separate means of egress and their accessory
structures not more than three (3) stories above grade plane in height shall
comply with the International Residential Code.
SECTION XIX. Subsection 4‐5‐060.A.6.b, 101.5.2 International Residential Code – Scope,
of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
b. 101.5.2 International Residential Code – Scope. The provisions of
the International Residential Code for One‐ and Two‐Family Dwellings (IRC) shall
apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location, removal and demolition of
detached one (1) ‐ and two (2) ‐ family dwellings and multiple single‐family
dwellings (townhouses) not more than three (3) stories above grade plane in
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height with a separate means of egress and their accessory structures not more
than three (3) stories above grade plane in height, including adult family homes,
foster family care homes and family day care homes licensed by the Washington
state department of social and health services.
Exception: Live/work units located in townhouses complying with the
requirements of Section 419 of the International Building Code shall be
permitted to be built as one (1) ‐ and two (2) ‐ family dwellings or townhouses
constructed in accordance with the International Residential Code for One‐ and
Two‐Family Dwellings. Fire suppression required by Section 419.5 of the
International Building Code when where constructed under the International
Residential Code for One‐ and Two‐Family Dwellings shall conform to Section
P2904 903.3.1.3 of the International Building Residential Code.
SECTION XX. Subsection 4‐5‐060.A.6.i, 101.5.8 Fire prevention, of Chapter 5, Building
and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
i. 101.5.8 Fire prevention. The provisions of the International Fire
Code (IFC) shall apply to matters affecting or relating to structures, processes,
and premises and safeguards from the hazard of fire and explosion arising from
the storage, handling or use of structures, materials or devices; from conditions
hazardous to life, property or public welfare in the occupancy or operation of
structures or premises; and from matters related to the construction, extension,
repair, alteration or removal of fire suppression and alarm systems or fire
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hazards in the structure or on the premises from occupancy or operation: and
matters related to preparedness for natural or manmade disasters; and from
conditions affecting the safety of fire fighters and emergency responders during
emergency procedures.
SECTION XXI. Subsection 4‐5‐060.A.6.j, 101.5.9 Energy Code ‐ Scope, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
j. 101.5.9 Energy Code – Scope. The provisions of the Washington
State Energy Code (WSEC) shall apply to all matters governing the design and
construction of buildings for energy efficiency. WAC 51‐11R applies to residential
buildings, building sites, associated systems and equipment, and WAC 51‐11C
applies to commercial buildings, building sites, associated systems and
equipment.
SECTION XXII. Subsection 4‐5‐060.A.6, 101.5 Referenced Codes, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended to add two new subsections 4‐5‐060.A.6.l and 4‐5‐060.A.6.m, to
read as follows:
l. 101.5.11 International Existing Building Code – Scope. The
provisions of the International Existing Building Code shall apply to matters
governing the repair, alteration, change of occupancy, addition to and relocation
of existing buildings.
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i. 101.5.11.1 Buildings previously occupied. The legal occupancy
of any building existing on July 1, 2016 shall be permitted to continue without
change, except as is specifically covered in this code, the International Fire Code,
or as deemed necessary by the code official to mitigate an unsafe building. For
the purpose of this section, "unsafe building" is not to be construed to mean a
mere lack of compliance with the current code.
ii. 101.5.11.2 Appendices. The code official is authorized to
require rehabilitation and retrofit of buildings, structures, or individual structural
members in accordance with the appendices of this code if such appendices
have been individually adopted. Appendix A of the International Existing Building
Code, Guidelines for the Seismic Retrofit of Existing Buildings, is hereby adopted
as part of this code without any specific adoption by the local jurisdiction.
m. 101.5.12 International Swimming Pool and Spa Code – Scope. The
provisions of this code shall apply to the construction, alteration, movement,
renovation, replacement, repair and maintenance of aquatic recreation facilities,
pools and spas. The pools and spas covered by this code are either permanent or
temporary, and shall be only those that are designed and manufactured to be
connected to a circulation system and that are intended for swimming, bathing
or wading. Swimming pools, spas and other aquatic recreation facilities shall
comply with the International Swimming Pool and Spa Code, where the facility is
one of the following:
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i. For the sole use of residents and invited guests at a single‐family
dwelling;
ii. For the sole use of residents and invited guests of a duplex
owned by the residents; or
iii. Operated exclusively for physical therapy or rehabilitation and
under the supervision of a licensed medical practitioner.
Public swimming pool barriers shall be regulated by WAC 246‐260‐
031(4). All other "water recreation facilities" as defined in RCW 70.90.110 are
regulated under chapters 246‐260 and 246‐262 WAC.
SECTION XXIII. Subsections 4‐5‐060.B.2, 102.1.2 New installations; 4‐5‐060.B.3,
102.1.3, Existing installations; 4‐5‐060.B.4, Maintenance; and 4‐5‐060.B.5, Additions,
alterations, modifications or repairs, of Chapter 5, Building and Fire Prevention Standards, of
Title IV (Development Regulations) of the Renton Municipal Code, are amended as follows:
2. 102.1.2 New Installations. This section applies The adopted
Construction Codes apply to new installations.
Exception: If an electrical, plumbing or mechanical permit application is
received after this section has the adopted Construction Codes have taken
effect, but is identified with a building permit application received prior to the
effective date of the ordinance codified in this section, all applicable codes
adopted and in force at the time of a complete building permit application will
apply.
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3. 102.1.3 Existing installations. Lawfully installed existing installations
that do not comply with the provisions of this section the adopted Construction
Codes shall be permitted to be continued without change, except as specifically
authorized by this section, the International Existing Building Code, the
International Property Maintenance Code, the International Fire Code or as is
deemed necessary by the building official for the general safety and welfare of
the occupants and the public. Where changes are required for correction of
hazards, a reasonable amount of time shall be given for compliance, depending
on the degree of the hazard.
4. 102.1.4 Maintenance. Buildings and structures, including their
electrical, plumbing and mechanical systems, equipment, materials and
appurtenances, both existing and new, and parts thereof shall be maintained in
proper operating condition in accordance with the original design and in a safe,
hazard‐free condition. Devices or safeguards that are required by this section the
adopted Construction Codes shall be maintained in compliance with the code
edition under which installed. The owner or the owner’s designated agent shall
be responsible for the maintenance of the systems and equipment. To
determine compliance with this provision, the code official shall have the
authority to require that the systems and equipment be reinspected.
5. 102.1.5 Additions, alterations, modifications or repairs. Additions,
alterations, modifications or repairs to a building or structure or to the electrical,
plumbing or mechanical system(s) of any building, structure, or premises shall
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conform to the requirements of this section the adopted Construction Codes.
However, without requiring those portions of the existing building or system not
being altered or modified are only required to comply with all the requirements
of this section the adopted Construction Codes when specifically required in this
chapter, the International Existing Building Code, the International Property
Maintenance Code, the International Fire Code, or when deemed necessary by
the building official for the general safety and welfare of the occupants and the
public. Installations, additions, alterations, modifications, relocations or repairs
shall not cause an existing building to become unsafe or to adversely affect the
performance of the building as determined by the building official or designated
representative. Electrical wiring added to an existing service, feeder, or branch
circuit shall not result in an installation that violates the provisions of the code in
force at the time the additions were made.
SECTION XXIV. Subsection 4‐5‐060.B.10, 102.6.1 Moved buildings, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
10. 102.6.1 Moved buildings. Buildings or structures moved into or
within a jurisdiction shall comply with the provisions of this code, the
International Existing Building Code (WAC 51‐50) when applicable, the
International Residential Code (WAC 51‐51), the International Building Code
(WAC 51‐50), the International Mechanical Code (WAC 51‐52), the International
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Fire Code (WAC 51‐54), the Uniform Plumbing Code and Standards (WAC 51‐56
and 51‐57), and the Washington State Energy Code (WAC 51‐11).
Exception: Group R‐3 buildings or structures are not required to comply
if:
a. The original occupancy classification is not changed; and
b. The original building is not substantially remodeled or
rehabilitated.
For the purposes of this section a building shall be considered to be
substantially remodeled when the costs of remodeling exceed sixty percent
(60%) of the value of the building exclusive of the costs relating to preparation,
construction, demolition or renovation of foundations. Valuation shall be
determined from the King County Assessor records at the time of the first
application for a building permit.
SECTION XXV. Subsection 4‐5‐060.B.13, 102.7.2 International Fire Code –
Referenced codes and standards, of Chapter 5, Building and Fire Prevention Standards, of Title
IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
13. 102.7.2 International Fire Code ‐ Referenced codes and
standards. The codes and standards referenced in this code shall be those that
are listed in Chapter 4780, except all references to the NFPA 70‐08 National
Electrical Code shall be substituted with the phrase, “Renton Electrical Code”.
Such codes and standards shall be considered part of the requirements of this
code to the prescribed extent of each such reference as determined or modified
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by the fire code official. In the event the referenced codes are inconsistent with
this code, this code shall apply.
SECTION XXVI. Subsection 4‐5‐060.D.2, 104.2 Liability, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
2. 104.2. Liability. The building official, or employee charged with the
enforcement of this code, while acting in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered civilly or criminally liable personally
and is hereby relieved from personal liability for any damage accruing to persons
or property as a result of any act or by reason of an act or omission in the
discharge of official duties. Any suit or criminal complaint instituted against an
officer or employee because of an act performed by that officer or employee in
the lawful discharge of duties while acting in good faith and without malice and
under the provisions of this code shall be defended by legal representative of the
jurisdiction until the final termination of the proceedings. The building official or
subordinate shall not be liable for cost in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code.
SECTION XXVII. Subsection 4‐5‐060.D.8, 104.8 Right of entry, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
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8. 104.8 Right of entry. Where it is necessary to make an inspection to
enforce the provisions of the Construction Codes and the Construction
Administrative Code, or where the building official has reasonable cause to
believe that there exists in a structure or upon a premises a condition which is
contrary to or in violation of the Construction Codes and the Construction
Administrative Code which makes the structure or premises unsafe, dangerous
or hazardous, the building official is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by the
Construction Codes and the Construction Administrative Code, provided that if
such structure or premises be occupied that credentials be presented to the
occupant and entry requested. If such structure or premises is unoccupied, the
building official shall first make a reasonable effort to locate the owner, the
owner’s authorized agent or other person having charge or control of the
structure or premises and request entry. If entry is refused, the building official
shall have recourse to the remedies provided by law to secure entry.
Where the code official has first obtained a proper inspection warrant or
other remedy provided by law to secure entry, an owner, the owner’s authorized
agent or occupant or person have charge, care or control of the building or
premises shall not fail or neglect to promptly permit entry therein by the code
official for the purpose of inspection and examination pursuant to the applicable
construction code.
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SECTION XXVIII. Subsections 4‐5‐060.D.12, 104.12 Modifications, and 4‐5‐060.D.13,
104.13 Alternative material, design and methods of construction and equipment, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, are amended as follows:
12. 104.12 Modifications. Wherever there are practical difficulties
involved in carrying out the provisions of the Construction Codes and the
Construction Administrative Code, the building official shall have the authority to
grant modifications for individual cases, upon application of the owner or
owner’s representative authorized agent, provided the building official shall first
find that special individual reason makes the strict letter of the Construction
Codes and the Construction Administrative Code impractical and the
modification is in compliance with the intent and purpose of the Construction
Codes and the Construction Administrative Code and that such modification
does not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be recorded and
entered in the files of the department. The building official is authorized to
charge an additional fee to evaluate any proposed modification under the
provisions of this section.
13. 104.13 Alternative materials, design and methods of construction
and equipment. The provisions of the Construction Codes are not intended to
prevent the installation of any material or to prohibit any design or method of
construction not specifically prescribed by the Construction Codes, provided that
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any such alternative has been approved by the building official. An alternative
material, design or method of construction shall be approved where the building
official finds that the proposed design is satisfactory and complies with the
intent of the provisions of the Construction Codes, and that the material,
method or work offered is, for the purpose intended, at least the equivalent of
that prescribed in the Construction Codes in quality, strength, effectiveness, fire
resistance, durability and safety. Where the alternative material, design or
method of construction is not approved, the building official shall respond in
writing, stating the reasons why the alternative was not approved. The building
official is authorized to charge an additional fee to evaluate any proposed
alternate material, design and/or method of construction and equipment under
the provisions of this section.
SECTION XXIX. Subsection 4‐5‐060.E.1, 105.1 Required, of Chapter 5, Building and
Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
E. SECTION 105 – PERMITS:
1. 105.1 Required. Any owner or owner’s authorized agent who intends
to construct, enlarge, alter, repair, move, demolish, or change the occupancy of
a building or structure, or to erect, install, enlarge, alter, repair, remove, convert
or replace any electrical, gas, mechanical or plumbing system, the installation of
which is regulated by the Construction Codes and the Construction
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Administrative Code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
a. 105.1.1 Annual permit. In lieu of an individual permit for each
alteration to an already approved electrical, gas, mechanical or plumbing
installation, the building official is authorized to issue an annual permit upon
application therefor to any person, firm or corporation regularly employing one
or more qualified tradespersons in the building, structure or on the premises
owned or operated by the applicant for the permit.
b. 105.1.2 Annual permit records. The person to whom an annual
permit is issued shall keep a detailed record of alterations made under such
annual permit. The building official shall have access to such records upon
request during the time of inspection and such records shall be filed with the
building official as designated.
a.c. 105.1.13 Electrical permit required. In accordance with
Chapter 19.28 RCW, an electrical permit is required for the following
installations:
i. The installation, alteration, repair, replacement, modification or
maintenance of all electrical systems, wire and electrical equipment regardless
of voltage.
ii. The installation and/or alteration of low voltage systems
defined as:
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(a) NEC, Class 1 power limited circuits at thirty (30) volts
maximum.
(b) NEC, Class 2 circuits powered by a Class 2 power supply as
defined in NEC 725.41(A).
(c) NEC, Class 3 circuits powered by a Class 3 power supply as
defined in NEC 725.41(A).
iii. Telecommunications Systems.
(a) All installations of telecommunications systems on the
customer side of the network demarcation point for projects greater than ten
(10) telecommunications outlets.
(b) All backbone installations regardless of size and all
telecommunications cable or equipment installations involving penetrations of
fire barriers or passing through hazardous locations require permits and
inspections.
(c) The installation of greater than ten (10) outlets and the
associated cables along any horizontal pathway from a telecommunications
closet to work areas during any continuous ninety (90) ‐ day period requires a
permit and inspection.
(d) In Residential Groups R‐1 and R‐2 occupancies as defined
in the International Building Code, permits and inspections are required for all
backbone installations, all penetrations of fire‐resistive walls, ceilings and floors;
and installations of greater than ten (10) outlets in common areas.
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(e) Definitions of telecommunications technical terms will
come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA
standards, and the NEC.
b.d. 105.1.24 Grading permit required. No person shall do any
grading without first obtaining a grading permit from the building official.
SECTION XXX. Subsection 4‐5‐060.E.2.c.xix, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
xix. In‐kind window replacement for IRC structures where no
alteration of structural members is required and when the window U‐values
meet the prescriptive requirements within the Washington State Energy Code.
Window and door replacement for IRC structures where openings are not
increased, U‐Value is .30 or less, safety glass is installed in hazardous locations,
and the openable portion of egress window in bedrooms and basements are not
decreased in any dimension.
SECTION XXXI. Subsection 4‐5‐060.E.7, 105.3.2 Time limitation on application, of
Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended to add a new subsection 4‐5‐060.E.7.c, to read as follows:
c. The building official may approve a request for extension of the
application for an additional (12) twelve months for a fee of one‐half (1/2) of the
original plan review fee where special circumstances exist and justifiable cause is
demonstrated.
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SECTION XXXII. Subsection 4‐5‐060.E.10, 105.5 Expiration, of Chapter 5, Building and
Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
10. 105.5 Expiration. a. Every permit issued shall expire two one (21)
years from the date of issuance. For permits that have expired, a new permit
must be obtained and new fees paid.
Exceptions:
a. The building official may approve a request for an extended
expiration date where a construction schedule is provided by the applicant
and approved prior to permit issuance.
b. An existing building permit may be renewed one (1) time for a fee
of one‐half (1/2) the original permit fee, provided the permit has not expired.
Permit renewals shall expire in one (1) year. For permits that have been
expired, a new permit must be obtained and new fees paid. No permit shall
be renewed more than once except the building official may consider a
request for further extension where special circumstances exist and
justifiable cause is demonstrated.
c. Electrical, mechanical, plumbing, fire, signs and demolition permits
shall expire one (1) year from issuance. An electrical, mechanical, plumbing,
fire or sign permit associated with a building permit may be extended at the
applicant’s request to the same expiration date as the associated building
permit.
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d. c. The building official may authorize a thirty (30) ‐ day extension to
an expired permit for the purpose of performing a final inspection and
closing out the permit as long as not more than one hundred eighty (180)
days has passed since the permit expired. The thirty (30) ‐ day extension
would commence on the date of written approval. If work required under a
final inspection is not completed within the thirty (30) ‐ day extension period,
the permit shall expire. However, the building official may authorize an
additional thirty (30) ‐ day extension if conditions outside of the applicant’s
control exist and the applicant is making a good faith effort to complete the
permitted work.
SECTION XXXIII. Subsection 4‐5‐060.F.1, 106.14 Live Loads Posted, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
1. 106.1 Live Loads Posted. Where the live load for which each floor or
portion thereof of a commercial or industrial building is or has been designed to
exceed fifty (50) psf (2.40kN/m2), such design live load shall be conspicuously
posted by the owner or the owner’s authorized agent in that part of each story
in which they apply, using durable signs. It shall be unlawful to remove or deface
such notices.
SECTION XXXIV. Subsection 4‐5‐060.G.2.h.v, Plan review required, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
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v. Plan review required. Electrical plan review is required for all
new or altered electrical projects in the following occupancies and/or
installations:
(a) Educational, institutional, or health care facilities/buildings
as follows:
(1) Hospital;
(2) Nursing home unit or long‐term care unit;
(3) Boarding home;
(4) Assisted living facility;
(5) Private alcoholism hospital;
(6) Alcoholism treatment facility;
(7) Private psychiatric hospital;
(8) Maternity home;
(9) Ambulatory surgery facility;
(10) Renal hemodialysis clinic;
(11) Residential treatment facility for psychiatrically
impaired children and youth;
(12) Adult residential rehabilitation center;
(13) Educational facilities; and
(14) Institutional facilities.
Exceptions:
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(b) Electrical Plan review is not required for the above
educational, institutional, or health care facilities buildings where:
(1) Lighting specific projects that result in an electrical load
reduction on each feeder involved in the project;
(2) Low voltage systems;
(3) Modification to existing electrical installations where all
of the following conditions are met:
(A) Service or distribution equipment involved is rated
less than one hundred (100) amperes or greater and does not exceed two
hundred fifty (250) volts;
(B) Does not involve emergency systems other than
listed unit equipment per NEC 700.12(F);
(C) Does not involve branch circuits or feeders of an
essential electrical system as defined in NEC 517.2; and
(D) Service and feeder load calculations are increased
by five percent (5%) or less.
(4) Stand‐alone utility fed services that do not exceed two
hundred fifty (250) volts, one hundred (100) amperes where the project’s
distribution system does not include:
(A) Emergency systems other than listed unit
equipment per NEC 700.12(F);
AGENDA ITEM # 10. c)
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(B) Critical branch circuits or feeders as defined in NEC
517.2; or
(C) A required fire pump system.
(c) Alterations in non‐residential occupancies two thousand
five hundred (2,500) square feet and greater.
(dc) Installations in occupancies, except one (1) ‐ and two (2) ‐
family dwellings, where a service or feeder rated four hundred (400) amperes or
greater is installed or altered or if more than four hundred (400) amperes is
added to the service or feeder.
(ed) All work on electrical systems operating at/over six
hundred (600) Volts.
(fe) All commercial generator installations or alterations.
(gf) All work in areas determined to be hazardous (classified)
location by the NEC.
(hg) If sixty percent (60%) or more of luminaires change.
(ih) Installations of switches or circuit breakers rated four
hundred amperes or over except for one (1) ‐ and two (2) ‐ family dwellings.
(ji) Wind driven generators.
(kj) Solar photovoltaic systems.
(lk) Any proposed installation which cannot be adequately
described in the application form.
AGENDA ITEM # 10. c)
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SECTION XXXV. Subsection 4‐5‐060.G.3.c, 107.3.3 Phased approval, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
c. 107.3.3 Phased approval. The building official is authorized to issue
a permit for the construction of foundations or any other part of a building or
structure before the construction documents for the whole building or structure
have been submitted approved, provided that adequate information and
detailed statements have been filed complying with pertinent requirements of
the Construction Codes and the Construction Administrative Code. The holder of
such permit for the foundation or other parts of a building or structure shall
proceed at the holder’s own risk with the building operation and without
assurance that a permit for the entire structure will be granted.
SECTION XXXVI. Subsection 4‐5‐060.G.4, 107.4.1 Design professional in
responsible charge ‐ General, of Chapter 5, Building and Fire Prevention Standards, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
4. 107.4.1 Design professional in responsible charge ‐ General. When it
is required that documents be prepared by a qualified registered design
professional, the building official shall be authorized to require the owner or the
owner’s authorized agent to engage and designate on the building permit
application a registered design professional who shall act as the registered
design professional in responsible charge. If the circumstances require, the
owner or the owner’s authorized agent shall designate a substitute registered
AGENDA ITEM # 10. c)
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design professional in responsible charge who shall perform the duties required
of the original registered design professional in responsible charge. The building
official shall be notified in writing by the owner or the owner’s authorized agent
if the registered design professional in responsible charge is changed or is unable
to continue to perform the duties. The registered design professional in
responsible charge shall be responsible for reviewing and coordinating submittal
documents prepared by others, including phased and deferred submittal items,
for compatibility with the design of the building. Where structural observation is
required by Section 1710 of the IBC, the inspection program shall name the
individual or firms who are to perform structural observations and describe the
stages of construction at which structural observation is to occur (see also other
duties specified in Chapter 17 of the IBC).
SECTION XXXVII. Subsection 4‐5‐060.G.5, 107.4.2 Design professional in
responsible charge – Deferred submittals, of Chapter 5, Building and Fire Prevention Standards,
of Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows:
5. 107.4.2 Design professional in responsible charge ‐ Deferred
submittals. For the purposes of this section, deferred submittals are defined as
those portions of the design that are not submitted at the time of the application
and that are to be submitted to the building official within a specified period.
Deferral of any submittal items shall have the prior approval of the building
official. The registered design professional in responsible charge shall indicate
the list of deferred submittals on the construction documents for review by the
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building official. Documents for deferred submittal items shall be submitted to
the registered design professional in responsible charge who shall review them
and forward them to the building official with a notation indicating that the
deferred submittal documents have been reviewed and have been found to be in
general conformance to the design of the building. The deferred submittal items
shall not be installed until the deferred submittal documents have been
approved by the building official. The building official is authorized to charge an
additional plan review fee to evaluate deferred submittals under the provisions
of this section.
SECTION XXXVIII. Subsection 4‐5‐060.H.1, 108.1 General, of Chapter 5, Building and
Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code,
is amended as follows:
1. 108.1 General. The building official is authorized to issue a permit for
temporary structures and temporary uses. Such permits shall be limited as to
time of service, but shall not be permitted for more than one hundred eighty
(180) days. The building official is authorized to grant extensions for
demonstrated cause. Temporary structures and uses shall comply with the
requirements in Section 3103.
SECTION XXXIX. Subsection 4‐5‐060.H, Section 108.1 – Temporary Structures and
Uses, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended to add two new subsections 4‐5‐
060.H.3 and 4‐5‐060.H.4, to read as follows:
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3. 108.3 Plumbing and Mechanical. The building official is authorized to
issue a permit for temporary equipment, systems and uses. Such permits shall be
limited to time of service, but shall not be permitted for more than one hundred
and eighty (180) days. The building official is authorized to grant extensions for
demonstrated cause.
4. 108.4 Utilities. The building official is authorized to give permission to
temporarily supply utilities before an installation has been fully completed and
the final certificate of completion has been issued. The part covered by the
temporary certificate shall comply with the requirements specified for
temporary lighting, heat or power in the code.
SECTION XL. Subsection 4‐5‐060.J.1, 110.1 General, of Chapter 5, Building and Fire
Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is
amended as follows:
1. 110.1 General. Construction or work for which a permit is required
shall be subject to inspection by the building official and such construction or
work shall remain accessible and exposed for inspection purposes until
approved. Approval as a result of an inspection shall not be construed to be an
approval of a violation of the provisions of the Construction Codes, the
Construction Administrative Code, or of other ordinances of the jurisdiction.
Inspections presuming to give authority to violate or cancel the provisions of the
Construction Codes, the Construction Administrative Code, or of other
ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit
AGENDA ITEM # 10. c)
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applicant owner or the owner’s authorized agent to cause the work to remain
accessible and exposed for inspection purposes. Neither the building official nor
the jurisdiction shall be liable for expenses entailed in the removal or
replacement of any material required to allow inspection.
SECTION XLI. Subsection 4‐5‐060.J.11.i, 110.11.9 Exterior Finish and Insulations
Systems (EFIS), Lath and gypsum board inspection, of Chapter 5, Building and Fire Prevention
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
i. 110.11.9 Exterior Finish and Insulation Systems (EFIS), Lath and
gypsum board inspection. EFIS, Lath, and gypsum board and gypsum panel
product inspections shall be made after backing, lathing or gypsum board and
gypsum panel products, interior and exterior, is in place, but before any
plastering is applied or gypsum board joints and fasteners are taped and
finished.
Exception: Interior gypsum board and gypsum panel products that is are
not part of a fire‐resistance‐rated assembly or a shear assembly does not require
inspection.
SECTION XLII. Subsection 4‐5‐060.J.11.j, 110.11.10 Fire‐ and smoke‐ resistant
penetrations, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
j. 110.11.10 Fire‐ and smoke‐resistant penetrations resistance rated
construction inspections. Where fire‐resistance‐rated construction is required,
AGENDA ITEM # 10. c)
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an inspection of such construction shall be made after lathing or gypsum board
or gypsum panel products are in place, but before any plaster is applied, or
before board or panel joints and fasteners are taped and finished. Protection of
joints and penetrations in fire‐resistance‐rated assemblies, smoke barriers and
smoke partitions shall not be concealed from view until inspected and approved.
SECTION XLIII. Subsection 4‐5‐060.K.1, 111.1 Use and occupancy, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
1. 111.1 Use and occupancy. No building or structure shall be used or
occupied, and no change in the existing use or occupancy classification of a
building or structure or portion thereof shall be made, until the building official
has issued a certificate of occupancy as provided herein. Issuance of a certificate
of occupancy shall not be construed as an approval of a violation of the
provisions of the Construction Codes, the Construction Administrative Code, or
of other ordinances of the jurisdiction.
Exceptions:
a. Work exempt from permits per RMC 4‐5‐060.E.2, 105.2 Work exempt
from permit.
b. For single family dwellings and their accessory structures, the City
issued building permit inspection record may serve as the certificate of
occupancy when the final inspection has been approved by the building official
or the building official’s designee.
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SECTION XLIV. Subsection 4‐5‐060.K.2.c of Chapter 5, Building and Fire Prevention
Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as
follows:
c. The name and address of the owner or the owner’s authorized
agent;
SECTION XLV. Subsection 4‐5‐060.K.3, 111.3 Temporary or phased occupancy, of
Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
3. 111.3 Temporary or phased occupancy. The building official is
authorized to issue a temporary or phased certificate of occupancy before the
completion of the entire work covered by the permit, provided that such portion
or portions shall be occupied safely. The building official is authorized to require
in addition to the completion of life safety building components any or all
accessibility components. The building official shall set a time period during
which the temporary or phased certificate of occupancy is valid. The building
official is authorized to require that a performance bond surety device be posted
with the City in an amount equal to one hundred fifty percent (150%) of the
incomplete work as determined by the design professional. The bond surety
device shall be refundable upon inspection, final approval and a request in
writing for the refund. It shall be the duty of the applicant to request the refund.
AGENDA ITEM # 10. c)
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SECTION XLVI. Subsection 4‐5‐060.L, Section 112 – Service Utilities, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended to add a new subsection 4‐5‐060.L.4 to read as follows:
4. 112.4 Connection after order to disconnect. A person shall not make
source connections to mechanical, plumbing, or electrical systems regulated by
the construction codes, which have been disconnected or ordered to be
disconnected by the code official, or the use of which has been ordered to be
discontinued by the code official until the code official authorizes the
reconnection and use of such systems. Where a system is maintained in violation
of the construction code, and in violation of a notice issued pursuant to the
provisions of this section, the code official shall institute appropriate action to
prevent, restrain, correct or abate the violation.
SECTION XLVII. Subsection 4‐5‐060.M.3, 113.3 Stop work order issuance, of Chapter
5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
3. 113.3 Stop work order issuance. The stop work order shall be in
writing and shall be given to the owner of the property involved, or to the
owner’s authorized agent, or to the person doing the work. Upon issuance of a
stop work order, the cited work shall immediately cease. The stop work order
shall state the reason for the order, and the conditions under which the cited
work will be permitted to resume.
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SECTION XLVIII. Subsection 4‐5‐060.N.1, 113.3 Stop work order issuance, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
1. 114.1 Notice to person responsible. Whenever the code official
determines that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner prescribed in
RMC 4‐5‐060.G.2, 107.2 Construction documents, as amended and the
applicable provisions of the RMC 1‐3‐2, Civil Penalties Enforcement of Code.
SECTION XLIX. Subsection 4‐5‐060.O, Section 115 – Unsafe Structures and
Equipment, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended to add a new subsection 4‐5‐060.O.8 to
read as follows:
8. 115.8 Restoration. Where the structure or equipment determined to
be unsafe by the building official is restored to a safe condition, to the extent
that repairs, alterations or additions are made or a change of occupancy occurs
during the restoration of the structure, such repairs, alterations, additions and
change of occupancy shall comply with the requirements of this code and the
International Existing Building Code.
SECTION L. Section 4‐5‐060, Construction Administrative Code, of Chapter 5, Building
and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended to add a new subsection 4‐5‐060.S to read as follows:
S. SECTION 119 – APPLICABILITY OF CODES:
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For mechanical, electrical or plumbing permit applications submitted after
July 1, 2016, but related to the scope of work identified in a building permit
application that was complete prior to July 1, 2016, all applicable construction
codes adopted and in force at the time of filing of the complete building permit
application will apply.
SECTION LI. Section 4‐5‐090, International Mechanical Code Adopted, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
4‐5‐090 INTERNATIONAL MECHANICAL CODE ADOPTED:
A. ADOPTION BY REFERENCE: The 2012 2015 Edition of the International
Mechanical Code (IMC), as adopted and amended by the State Building Code
Council in chapter 51‐52 WAC, as published by the International Code Council, is
adopted by reference with the following additions, deletions and exceptions:
Provided that Chapter 1, Administration, is not adopted and the Construction
Administrative Code, as set forth in RMC 4‐5‐060, shall be used in place of IMC
Chapter 1, Administration. Provided that the installation of fuel gas distribution
piping and equipment, fuel gas‐fired appliances and fuel gas‐fired appliance
venting systems shall be regulated by the International Fuel Gas Code. Provided
that detached one (1)‐ and two (2)‐family dwellings and multiple single‐family
dwellings (townhouses) not more than three (3) stories high with separate
means of egress and their accessory structures not more than three (3) stories
above grade plane in height shall comply with the International Residential Code.
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Provided that the standards for liquefied petroleum gas installations shall be the
2011 2014 Edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 2012
2014 Edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code).
B. EXCEPTIONS: The provisions of this code do not apply to temporary
growing structures used solely for the commercial production of horticultural
plants including ornamental plants, flowers, vegetables, and fruits. “Temporary
growing structure” means a structure that has the sides and roof covered with
polyethylene, polyvinyl, or similar flexible synthetic material and is used to
provide plants with either frost protection or increased heat retention. A
temporary growing structure is not considered a building for purposes of this
code.
C. CONFLICTS: In the case of conflict between the duct sealing or insulation
requirements of Section 603 or Section 604 of this code and the duct sealing or
insulation requirements of Chapter 51‐11C/R WAC, the Washington State Energy
Code, shall govern.
SECTION LII. Section 4‐5‐100, National Fuel Gas Code Adopted, of Chapter 5, Building
and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
4‐5‐100 NATIONAL FUEL GAS CODE ADOPTED:
The 2012 2015 Edition of the National Fuel Gas Code (ANSI Z223.1/NFPA 54), as
adopted by the State Building Code Council in chapter 51‐52 WAC, as published
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by NFPA, is adopted by reference. The Construction Administrative Code, as set
forth in RMC 4‐5‐060, shall be applied for the administration of this code.
SECTION LIII. Section 4‐5‐110, Uniform Plumbing Code Adopted, of Chapter 5, Building
and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, is amended as follows:
4‐5‐110 UNIFORM PLUMBING CODE ADOPTED:
The 2012 2015 Edition of the Uniform Plumbing Code (UPC), as adopted and
amended by the State Building Code Council in chapter 51‐56 WAC, as published
by the International Association of Plumbing and Mechanical Officials, is adopted
by reference with the following additions, deletions and exceptions: Provided
that Chapter 1, Administration, is not adopted and the Construction
Administrative Code, as set forth in RMC 4‐5‐060, shall be used in place of UPC
Chapter 1, Administration. Provided that Chapters 12 and 15 14 of the Uniform
Plumbing Code are not adopted. Provided that those requirements of the
Uniform Plumbing Code relating to venting and combustion air of fuel‐fired
appliances as found in Chapter 5 and those portions of the code addressing
building sewers are not adopted.
The following appendices of the 2012 2015 Edition of the Uniform Plumbing
Code as adopted and amended by the State Building Code Council in chapter 51‐
57 WAC, as published by the International Association of Plumbing and
Mechanical Officials, are also adopted by reference: Appendix A –
Recommended Rules for Sizing the Water Supply System; Appendix B –
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Explanatory Notes on Combination Waste and Vent Systems; Appendix I –
Installation Standards. In addition, Appendix C – Alternate Plumbing Systems,
excluding Sections C5 through C7 C303.3 and C304.0 through C601.9, is adopted
by reference.
Where a conflict exists between the provisions of Appendix I and the
manufacturer’s installation instructions, the conditions of the listing and the
manufacturer’s installation instructions shall apply.
SECTION LIV. Subsection 4‐5‐130.A, International Property Maintenance Code
Adopted, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended as follows:
A. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED:
The 2012 2015 Edition of the International Property Maintenance Code is
adopted as amended, added to, or excepted in this title, and shall be applicable
within the City, except Chapter 1, Scope and Administration, and Sections 303,
307, 308, and 507, which are not adopted. The Construction Administrative
Code, as set forth in RMC 4‐5‐060 shall be used in place of IPMC Chapter 1,
Scope and Administration.
SECTION LV. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordnance’s title.
AGENDA ITEM # 10. c)
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PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1921:6/16/16:scr
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE CITY OF RENTON
(KING COUNTY PARCEL NO. 863710‐0440; TRACT F OF THRESHOLD 1) FROM
RESIDENTIAL‐TEN UNITS PER NET ACRE (R‐10), TO RESIDENTIAL‐FOURTEEN
UNITS PER NET ACRE (R‐14) (FILE NO. LUA‐15‐000745, ECF, SHPL‐A, SA‐A, R,
MOD, MOD).
WHEREAS, on March 15, 2015, the City accepted an application from Zhao Zhang Su and
Ying Han Wei to amend the City of Renton zoning map to change the zoning classification of King
County Parcel No. 863710‐0440 (“Subject Property”) from Residential‐Ten (R‐10) units per net
acre to Residential‐Fourteen (R‐14) units per net acre; and
WHEREAS, the Subject Property is 3,571 square feet in size and is located at
approximately 450 feet northeast of the intersection of 108th Avenue SE and SE 170th Street;
and
WHEREAS, on April 18, 2016 the Environmental Review Committee issued a SEPA
Determination of Non‐Significance (DNS) for the zoning map amendment from Residential‐Ten
(R‐10) units per net acre to Residential‐Fourteen (R‐14) units per net acre; and
WHEREAS, the Subject Property is located within the Residential High Density (RHD)
Comprehensive Plan land use designation, which includes the Residential‐Ten (R‐10) and
Residential‐Fourteen (R‐14) zoning classifications; and
WHEREAS, this matter was duly referred to the Hearing Examiner for investigation and
study, after notice of public hearing was posted and circulated as required by the Renton
Municipal Code; and
WHEREAS, the Hearing Examiner held a public hearing on May 17, 2016; and
AGENDA ITEM # 10. d)
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WHEREAS, the matter was duly considered by the Hearing Examiner, who issued Findings
of Fact, Conclusions of Law and Recommendation on May 31, 2016; and
WHEREAS, the Council duly considered all matters relevant thereto, and all parties were
heard appearing in support or opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The City Council hereby affirms and adopts the Hearing Examiner Findings
of Fact, Conclusions of Law and Recommendation, attached hereto as Attachment A.
SECTION II. The official City of Renton Zoning Map is hereby amended as set forth in
Attachment B, attached hereto.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordnance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
AGENDA ITEM # 10. d)
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Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1924:5/23/16:scr
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ATTACHMENT B
King County Parcel
863710‐0440
Legal Description
TRACT F OF THRESHOLD 1, AS PER PLAT RECORDING IN VOLUME 164 OF PLATS, PAGES 8
THROUGH 12, INCLUSIVE, RECORDS OF KING COUNTY AUDITOR;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
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AGENDA ITEM # 10. d)
�� �.. �
EXECUTIVE DEPARTMENT _� CITY OF
Renton �
M E M O R A N D U M
DATE: July 11, 2016
TO: Randy Corman, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
• Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday,July 11th through Friday,July 15th, approximately 8:00 a.m.to 3:00 p.m.
Possible lane closures will take place on Naches Avenue SW at SW 27th Street due to
franchise utility construction. Questions may be directed to Patrick DeCaro at 425-207-
6013.
✓ Monday,July 11th through Friday,July 15th, approximately 8:00 a.m.to 3:00 p.m.
Possibte lane closures will take place on Oaksdale Avenue SW at SW 27th Street due to
franchise utility construction. Questions may be directed to Patrick DeCaro at 425-207-
6013.
✓ Monday,luly 11th through Friday,July 15th, approximately 8:00 a.m. to 3:00 p.m.
Possible lane closures will take place on 160th Avenue SE adjacent to 14020 160th
Avenue SE due to utility installation. Questions may be directed to Mark Wetherbee at
206-999-1829.
✓ Monday,July 11th through Friday,July 15th, approximately 8:00 a.m. to 3:00 p.m.
Possible lane closures will take place at the intersection of Talbot Road South and South
200th Street due to utility installation. Questions may be directed to Tom Main at 206-
999-1833.
✓ Monday,July 11th through Friday,July 15th, approximately 8:00 a.m. to 3:00 p.m.
Possible lane closures will take place on East Valley Highway from SW 34th Street and
SW 41st Street due to utility installation. Lane closures will take place on SW 41st Street
from East Valley Highway to Lind Avenue SW, on Lind Avenue SW from SW 41st street to
SW 43rd Street, and on SW 43rd Street from Lind Avenue SW to Oaksdale Avenue SW
due to utility installation. Questions may be directed to Tom Main at 206-999-1833.
Randy Corman,Council President
Members of Renton City Council
Page 2
July 11, 2016
✓ Monday,July 11th through Sunday,July 17th. Intermittent lane closures will take place
on SW 41st Street, SW 43rd Street, and Lind Avenue SE around IKEA due to utility
installation. Questions may be directed to Tom Main at 206-999-1833.
✓ Monday,luly 11th through Sunday,July 17th. The two west lanes on Main between
2nd and 3rd will be closed for project improvements while the east lanes will be open
for traffic flow. The on-site inspector, Pat Miller, can be reached at 206-794-6162.
✓ Monday,July 11th through Friday,July 29th, approximately 7:00 a.m. to 4:00 p.m.
Street maintenance crews will be grinding and repaving both directions of Talbot Road
South between South 33rd Place and South 43rd Street. Lane closures will be in effect
and traffic will be managed by use of ffaggers. Questions may be directed to John
Kalmbach at 425-766-6183.
✓ Tuesday,July 19th through Friday, July 22nd, approximately 7:00 a.m. to 4:00 p.m.
Crews will be performing routine maintenance along SW 43rd Street between Lind
Avenue SW and West Valley Highway. Intermittent lane closures in both directions will
be in effect. Questions may be directed to Jayson Gallaway at 425-757-4107.
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City Council Re�ular Meeting
7:00 PM - Monday, - �\`� �� 1 �"`' � �
Council Chambers, 7th Floor; City Hall- 1055 S. Grady Way
AUDIENCE COMMENT
• Each speaker is allowed five minutes.
• When recognized, please state your name &city of residence for the record.
PLEASE PRINT CLEARLY
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Name: � , Name: �t"�p��►� � ��i,�,��IP�'S�
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(CONTINUED ON REVERSE SIDE)
(Continued From Reverse Side—PAGE 2)
7 11
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PUBLIC SAFETY COMMITTEE APPROV�� ��
COMMITTEE REPORT CIT� COUNC�L.
��l�
July 11, 2016 D��� /
I Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation
(June 27, 2016)
The Public Safety Committee recommends concurrence in the staff recommendation to
approve the 2015 Edward Byrne Memorial Justice Assistance Grant in the amount of $26,587
to help fund the Renton Police Department's Domestic Violence Victim Advocacy Program and
provide assistance to victims of domestic violence.
��do Pavone, Chair
d�.
Don Persson, Vice Chair
rince, Member
cc: Melissa Day,Administrative Assistant to the Chief
V
AP������ ��
TRANSPORTATION (AVIATION) COMMITTEE �ITY COU /�
COMMITTEE REPORT "� f, �tG'
[��1��,?_
July 11, 2016
Supplemental Agreement No. 4 to CAG-15-046 with Perteet, Inc. for the Sunset Lane and NE
10th Street Roadway Improvements Project
(June 27, 2016)
The Transportation (Aviation) Committee recommends concurrence in the staff
recommendation to authorize the Mayor and City Clerk to execute Supplemental Agreement
No. 4 to the consultant agreement CAG-15-046 with Perteet, Inc. for the Sunset Lane and NE
10th Street Roadway Improvements Project.
� _._..�_
��
Ruth Per�z, Chair
' �^ ��
�o�Ann Witschi, Vice Chair
CSYL ��%t�'��.�
Don Persson, Member
cc: Jim Seitz,Transportation Systems Director
Bob Hanson,Transportation Design Manager
Keith Woolley,Transportation Design Project Manager
Heather Ulit,Transportation Administrative Secretary I
�
- �' ''w►
FINANCE COMMITTEE REPORT
���F��`�d�C� �`�`
�iT� �0�.1P� Il�
July 11, 2016 �r ��j
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APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
The Finance Committee approves for payment on July 11, 2016 ciaims vouchers 348116 —
348489, 5 wire transfers and 1 payroll run with benefit withholding payments totaling
$5,870,989.11 and payroll vouchers including 802 direct deposits and 103 payroll checks
totaling$1,645,411.73.
�
Don Pe' son,, ir
�
A ond Pavone, Vice-Chair
� _
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Ruth Perez,�Vlember
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���I \�X 1.�{J �k�
�6.A� 4 F S./�'+.d�1���
FINANCE COMMITTEE
COMMITTEE REPORT `���"��'" r.•-� // /�
July 11, 2016
I Advance Refunding of 2008 Water Sewer Revenue Bonds
(June 27, 2016)
The Finance Committee recommends concurrence in the staff recommendation to approve
the refinancing plan to issue around $8.3 million with approximately $1.1 in issuance
premium to refinace $8.8 million of the outstanding 2008 Water Sewer Revenue Bonds. The
Committee further recommends the attached ordinance with all the associated documents
be presented for first reading and advancement to second and final reading.
Do errson, Chair
.�
��avone, Vice Chair
�
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Ruth Pere�, Member
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�,��'F�.���:� �"�
FINANCE COMMITTEE ��-� �t� ����-
COMMITTEE REPORT -� j� J�,�
�-��A�, .�n----
:�_ ��.., ....
July 11, 2016
( Approve a new Job Order Contract
(June 27, 2016)
The Finance Com�mittee recommends concurrence in the staff recommer�dat�n to a r�
entering into�new two-year Job Order Contrac�with Forma Constructiory�to rep�ace��e o d�`��
Jo b Or der Contract w hic h expires on July 16, 2016. The Committee further recommends that
the Mayor and City Clerk be authorized to sign the contract.
_ � - ` � ���� V
Don Persson, Chair
ondo Pavone, Vice Chair
Ruth Pe'�r�ez, Member
cc: Michael Kirk, Facilities Director
�
STAFF RECAP
COUNCIL MEETING REFERRAIS,
7J11j2816
MOTIONS REFERRED TO ADMINISTRATiON: Nane
Other Requests:
MOTION5 REFERRED TO COUNCIL COMMITTEE: None*
*The consent agenda items were adapted as presented,with the exception of Items 8.f.,8.j.,8.p.,and 8.s.
which were removed far separate consideration and adopted as Council concur.
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+CITY C}F
!�;�=,.
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M I N UTES
City Council Regular Meeting
7:00 PM -Monday,July 11, 2016
Council Chambers, 7th Floor, City Hall—1055 5. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Randy Corman, Council President
Ryan Mclrvin
Armondo Pavone
Ruth Perez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Alex Tuttle,Assistant City Attorney
Jason Seth, City Clerk
Chip Vincent, Community& Economic Development Administrator
Iwen Wang,Administrative Services Administrator
Kelly Beymer, Community Services Administrator
Ellen Bradley-Mak, Human Resources/ Risk Management Administrator
Jennifer Henning, Planning Director
Jim Seitz,Transportation Systems Director
Rocale Timmons,Senior Planner
Commanderlon Schuldt, Police Department
Deputy Chief Erik Wallgren, Renton Regional Fire Authority
July 11, 2016 REGULAR COUNCIL MEETING MINUTES
PROClAMATION ---.—. �_— --- --- ---. _.. .—.. -- —._. _.__.— — _
a) Parks&Recreation Month-luiy 2016:A proclamation by Mayor Law was read prociaiming
luly 2016 to be"Parks& Recreation Month" in the City of Renton, encouraging all citizens to
join in this special observance. Parks Commission Chair Troy Wigestrand accepted the
proclamation with appreciation.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CQNCUR IN THE
PRQCLAMATION.CARRIED.
SFEClAL PRESENTATION _
aj RMAC"Arts and Culture in Renton": Staff Liaisan to the Renton Municipa)Arts Commission,
Eiizabeth Higgens, provided a brief explanation regarding the duties and responsibilities of the
Arts Commissian.She introduced Commission Chair Marcia Rollinger,Vice-Chair Mary Clymer,
and Member Mitch Shepherd who prouided a presentation regarding the Arts&Culture
Master Plan,the importance of having a community that is rich with art, recent activities of
the Cammission, and propased projects far dawntawn Rentan.
b� Governor's Smart Community Award:Assistant Director for the Local Government Division of
the Department af Commerce, Mark Barkley, presented the "Governars Smart Community
Award -Judges Merit Award"for the Renton Public Library. He stated that the partnership of
the City of Renton and the King County Library System led ta the successful and award
winning renovation of the Renton Public Library which opened in August of 2015 after three
years of planning and two of construction. He attributed the success of the project to
considerable public involvement and reinforcement of the City of Renton's Comprehensive
Plan.
PUBLIC HEARING _
aj Sunset Redevelopment Planned Action Amendments:This being the date set and proper
notices having been pasted and published in accardance with local and State laws, Mayar Law
opened the public hearing ta consider adopting the amended Sunset Area Planned Action
�rdinance,
Senior Planner Rocale Timmans reparted that the Sunset Area is approximately 269 acres and
is located near the City center. She stated that it contains 3,000 duplexes on 240 acres,and is
near major emplayment, shopping,transit, and entertainment opportunities. She added that
the vision for this area is to have it be a destination place that is walkable and interconnected,
feels safe and secure, and where neighbors and businesses are engaged.
Ms.Timmons reparted that planning effarts were initiated in 1999,and in 2007 and 2d08
those efforts were farmalized into twa task farces. In 2009 the effarts of the task farces
culminated in the Sunset Area Community lnvestment Strategy. She explained that from this
Strategy an Environmenta) Impact Statement{EIS}and Planned Action uras created in 2010.
The EIS had severaf key findings mostly related to water quality,air quality and energy,
transportation, noise, parks and recreatian,and water and sewer utility infrastructure. In
addition to the key findings,the EIS proposed a range af alternatives,the first of which
assumed no action,the second assumed a moderate level af growth, and the third assumec!
the highest Eevei of growth.The City settled on a preferred alternative that was simifar to and
slightly less than alternative three.
July 11, 2016 REGU�AR COUNCIL MEETlNG MINUTES
She remarked that between 2011-2015 there were several projects completed in the area,
including the construction of the Glennwood Townhomes,the Meadowcrest Early Childhood
Learning Center and Playground, the construction of the Kirkland Townhomes,the
construction of the new Highlands Library which is now open to the public, and finally the
Green Connections along Harrington Ave. NE.
In 2015 Council approved revisions to the Planned Action Ordinance, including the addition of
approximately 90 housing units focused on Sunset Boulevard, increasing building heights by
ten feet, creating a larger park, and reclassifying the local streets that serve the Sunset Area.
At this time, staff is requesting two minor revisions to the current Planned Action Ordinance.
The first being a shift of seven units from site five into site 11 of the Sunset Terrace Subarea.
The second revision is an expansion of two sites, in terms of area, by adding a total of five
parcels to provide for a more efficient layout for development proposals that the Renton
Housing Authority plans on constructing. She further specified that the Environmental Review
Committee determined that there were no substantive changes to the findings in the original
record of decision that would occur as a result of these revisions.Additionally,the mitigation
measures included in the project, as well as in the final impact statement, represent
reasonable steps to reduce any potential adverse environmental impacts.
Concluding, Ms.Timmons recommended that Council adopt the amended Sunset Area
Planned Action Ordinance.She noted the anticipated adoption date would be August 8, 2016,
following any potential recommendations from the Planning & Development Committee.
There being no public comment, it was
MOVED BY PRINCE,SECONDED BY CORMAN, COUNCIL CONCUR TO CLOSE THE
PUBLIC HEARING. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were regarding:
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Dr. Linda Smith, Renton, spoke regarding the diminishing resources provided to the
homeless people of Renton. She shared that the Renton Ecumenical Association of
Churches (REACH) Board of Directors recently eliminated the Director position at the
Center of Hope, as well as the breakfast program,and they will possibly reduce the
daytime center hours. She clarified some of the services that the Center of Hope
provides, and requested that Council re-think the authority and oversight for the
Center of Hope and to remove it from the auspice of the REACH program.
• Nancy Monahan, Renton, spoke to Council regarding the Fireworks Ban related to the
excessive amount of illegal fireworks used this year around the July 4th holiday.
Additionally she requested Council consider allocating more resources to addressing
illegal firework use.
July 11, 2016 REGULAR COUNCIL MEETING MINUTES
• Howard McOmber, Renton, requested additional help from Council and the
community for more support in the form of volunteers and/or financial gifts to help
REACH accomplish their goals to assist the homelessness crisis.Additionally, he
thanked Council for its support and thanked Dr. Linda Smith for what she has done for
the Center of Hope.
� Ben lohnson, Renton, addressed the abuse of illegal fireworks being used in Renton
and requested that the repeat offenders receive a larger punishment for their crimes.
• Adria Krail, Renton, reiterated the importance of the services provided by the Center
of Hope and the possible negative impact that reducing the services would have on
the community.
• Lainey Sickinger, Renton, Chairperson for the Board of Directors of REACH provided
clarification regarding decisions regarding the restructuring of the REACH
organization due to cost cuts and federal government regulations.She specified that
the Center of Hope will not be closing, and though the days will be shorter, people in
need will still be provided breakfast and lunch. She remarked that REACH hopes to
increase hours again if additional funding is received.
CONSENT A6ENDA
Items listed on the ConsentAgenda were adopted with one motion,following the listing. At the request
of Councilmember Corman, ConsentAgenda items 8.j., S.p., and S.s. were pulled forseparate
consideration.
a) Approval of Council Meeting minutes of June 27, 2016. Council Concur.
b) AB-1718 City Clerk reported appeal of the Hearing Examiner's final decision regarding the
Avana Ridge PUD (LUA-15-000894) by Dan Palmer, accompanied by required fee.
Consideration of the appeal by the City Council shall be based solely upon the record, the
Hearing Examiner's report, the notice of appeal, and additional submissions by parties(RMC4-
8-110.F.6.J. Refer to Planning&Development Committee.
c) AB-1719 City Clerk submitted the quarterly list of fully executed contracts between 4/1/2016
-6/30/2016,and a report of agreements expiring between 7/1/2016- 12/31/2016.
None; Information Only.
d) AB-1721 City Clerk reported the official population of the City of Renton as of 4/1/2016 to be
101,300, ranking eighth in the state by population size, as calculated by the State of
Washington Office of Financial Management. None; Information Only.
e) AB-1722 City Clerk reported the results from the 7/5/2016 bid opening for CAG-16-105 -
Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2016; and submitted
the staff recommendation to accept the lowest responsive bid submitted by Sierra Pacific
Construction, LLC., in the amount of$76,000. Council Concur.
g) AB-1704 Community& Economic Development Department recommended reviewing
consultant recommendations regarding potential revisions to the codes, rules, and standards
to incorporate and require Low Impact Development (LID) principle and practices with the
Planning Commission. Following this review,the Planning Commission will present code
revision recommendations to Council.
Refer to Planning Commission and Planning&Development Committee.
July 11, 2016 REGULAR COUNCIL MEETING MINUTES
h) AB-1720 Community& Economic Development Department recommended adoption of an
ordinance granting a 10-year franchise agreement with T-Mobile West, �lC as a purveyor of
broadband telecommunication services within the City of Renton,
Refer to Utilities Camrnittee.
i) AB-1706 Cammunity Services Department recammended approving the 1ob Order Contract
(.iQC}Wark Order with Forma Canstruction Campany, in the amount af$208,135.05,to
perfarm a complete roaf restaration at City Hall. Refer to Finance Committee.
k) AB-1696 Human Resources/Risk Management Department recommended approval of the
Lacal 2170 Washington State Council of County and City Employees American Federation of
State, County and Municipai Employees(AFSCME) labor agreement for 2016-2018 and grant
the same bonus and wage increases to al� regular non-represented employees that have been
recommended far AFSCME. Council Cancur.
I) AB-17Q8 Human Resources/Risk Management Department recommended approval af the
2016-201$ IAFF Local 864 Firefighters personnel labor agreement.Cauncil Concur.
m) AB-2711 Human Resources j Risk Management Department recommended approval af the
2016-20181AFF�oca186� Battafian Chiefs personnef labar agreement.Council Concur.
n} AB-1716 Police Department recommended approval of a Cost Reimbursement Agreement
with the King County Sheriff's Office ta receive funds in the amaunt of$27,606.14 for the
purpose of verifying the address and residency af registered sex and kidnapping offenders.
Refer to Pubiic Safety Committee.
o� AB-1710 Transportation 5ystems Division Department recommended approva!to lease
Acyclica Products for the use of BluetoothT""�Ill!WI-FITM technology far the purpose of
collecting travel time and origin/destination data with a required initial expenditure of
$10,400 and annual maintenance expenditure af$5,000.
Refer to Transpartation(Aviatian)Committee.
q) AB-171�t Utility Systems Divisian recommended approval of a 2016 Water Quality Financiaf
Assistance Grant Agreement with Washingtan State Department of Ecolagy to accept
$675,OQQ in grant funds for the design and construction af the Harringtan Ave. NE Green
Conr�ections Stormwater Retrofit Project- Phase II. Refer to Utilities Committee.
r) AB-1715 Utility Systems Division recommended approval of a Professiona)Services
agreement with Murray,Smith &Associates, inc. in the amaunt of$419,50Q far the
Kennydale 320-Pressure Zone Reservoir Pre-Design Praject; and appraved the transfer af
$200,000 from the approved 2016 Capital Improvement Pragram Transmissian Main
Replacement aceaunt ta the praject accaunt. Refer to Utilities Comrnittee.
MOVED BY CORMAN,SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENpA MINUS ITEMS 8.1.,S.P.,AND 8.5. CARRIED.
ITEM5 8.L,8.P.,AND 8.5.-SEPARATE CONSIDERATION _ _ __ � _
j) AB-17Q5 Cammunity Services Department recommended waiving appraximately$20,000 in
fees and charges assaciated with the 2016 Renton River Days Community Festivaf.-�eF��e
��^�^r�r^^„rr•;++na.Caunci!Concur.
MOVED BY PERSSON, SECONDED BY CORMAN,COUNCIL CONCUR 70 APPROVE
CONSENT AGENDA ITEM 8.J.AS COUNCIL CONCUR. CARRIED.
July 11, 2016 REGULAR COUNCII MEETING MINUTES
p) AB-1712 Transportation Systems Division Department recommended approval of Addendum
1Q-16 to LAG 011-85 and Addendum 15-16 to LAG OQ3-84 for the purpose of extending the
airport(eases with Kaynan, lnc. unti!Octaber 31,2016.
���Council Cancur.
MOVED BY PEREZ,SECONDED BY WITSCHI, CUUNCIL CONCUR TfJ APPROVE
CONSENT AGENDA ITEM 8.P.AS COUNCIL CONCUR.CARRIED.
s) AB-1717 Utility Systems Division recommended approval of a professianal services
agreement with Herrera Environmentaf Consultants, Inc. in the amount of$169,044 for the
Renton Starmwater Manual Update- Phase II Project. ��f^�+^ "+�'�*�^� �`^^^~��++��. Council
Concur.
MOVED BY MClRVlN,SECQNDEQ BY PERE2, Ct?UNCIL CONCUR TO APPRC?VE
CONSENT AGfNDA ITEM 8.5.AS COUNCIL CONCUR.CARRIED
RECONSIDERATION OF THE CONSENT AGENDA
At the request of Cauncilmember Persson, it was
MC?VEQ BY PERSSt�N,SECONDEQ BY FAVC?NE,CC?UNGL Ct�NCUR TO RECONSIDER
APPROVAL t?F THE Ct7NSENT AGENDA MINUS ITEM 8.F.CARRIED.
ITEM 8.F.-SEPARATE CONSIDERATtON
f) AB-1713 Administrative Services Department recommended approval of Addendum B to the
Carco Theatre Lease with Puget Sound Access(PSA)to waive the$2,500 per month base rent
for the period 1/1/2016- 12/31/2018 and reimburse PSA for tenant improvement costs
incurred for the public broadcasting space,to allow PSA to continue its dual rales as Lessee
and manager/operator of the Carco Theatre. °�{^�*^ �:^�^^�rnw+mi4*na. �`OUCICI) COI�CUC.
MOVEQ BY PERSSt�N,SECONDED BY PAVONE,COUNCIL CQNCt1R TO APPRC?VE
CONSENT AGENDA tTEM 8.F.AS COUNCIL CONCUR. CARRIED
UNFINISNED BUSINESS __ ^ _ _ __ _
a) Public Safety Committee Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve the 2015 Edward Byrne Memorial Justice Assistance Grant in
the amount of$26,587 to help fund the Renton Poiice Department's Domestic Violence Victim
Advocacy Program and provide assistance to victims af damestic violence.
MOVED BY PAVONE,SECONDEQ BY CORMAN,COUNCIL CQNCUR IN THE
COMMITI'EE RECOMMENDATION.CARRIED.
b} Transportation Committee Chair Perez presented a repart recommending cancurrence in the
staff recommendation ta authorize the Mayar and City Clerk to execute Supplemental
Agreement No.4 ta the cansultant agreement CAG-15-Q46 with Perteet, Inc.for the Sunset Lane
and NE 1Qth Street Roadway Improvements Project.
MOVED BY PEREZ,SECONDED BY WITSCHI, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
July 11, 2016 REGULAR COUNCIL MEETING MINUTES
c} Finante Committee Chair Persson presented a report recammending approva!for payment on
July 11, 2416 claims vouchers 348116-348489,five wire transfers,and one payrol! run with
benefit witnholding payments tataling$5,87Q,989.21 and payroll vouchers induding 802 direct
deposits and 1Q3 payrall checks totaling$1,645,411.73.
MOVED BY PERSSC3N,SECONDED BY PAVONE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMfNDATION.CARRiED.
d� Finance Committee Chair Persson presented a report recommending cancurrence in the staff
recommendation to approve the refinancing plan to issue around $8.3 million with
approximately$1.1 in issuance premium to refinance$8.8 million of the outstanding 2008 Water
Sewer Revenue Bonds.The Committee further recommended the attached ordinance with all the
associated documents be presented for first reading and advancement to secand and final
reading. (See below for ordinance.J
MOVED BY PERSSC?N,SECONDfQ BY RAVONE,Ct�UNCII CONCUR IN THE
COMMITTEE RECC?MIVtENQATtON.CARRIED.
e) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to apprave entering into two new two-year 1ab Order Contracts with Forma
Canstructian and Sabyr Construction to replace the old 1ob�rder Contract which expires on luly
16, 2016.The Committee further recommended that the Mayor and City Cierk be authorized to
sign the cantract.
MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE
COMMIT7EE RECOMMENDATION. CARRIED.
LEGISLATION _,_ _ _._ _
Ordrnance far first reading and aduancement ta second and final reading:
a) Ordinance Na. 5812:An ordinance was read authorizing the issuance of a water and sewer
Revenue Refunding Bond in the aggregate principal amount of not to exceed $9,500,000 for
the purpose af refunding a portion of the City's water and sewer Revenue Bonds, series
2008A; providing the farm,terms and covenants of the Bond; delegating certain authority to
approve the final terms of the Band; and authorizing ather matters related thereto.
MOVED BY PERSSUN,SECONQED BY PAVONE,CC?UNCII AQVANCE THf
ORDINANCE FOR SECOND AND FINAL READING.CARRIEQ.
Following a secand and final reading, it was:
MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL ADOPT THE ORpINANCE
AS READ. ROLL CALL:ALL AYES. CARRIED.
Ordinance{s)for second and final reading:
c} �rdinanca No. 5889: An ordinance was read repealing Chapter 8,Sidewaik Construction, af
Title IX(Pubiic Ways and Property}of the Renton Municipal Code, and replacing it with a new
Chapter 9-8, "Sidewalk Maintenance and Construction."
MC7VED BY PRINCE,SECONDED BY MCIRVIN,COUNClL ADOPT THE ORDINANCE AS
READ. ROLL CALL:ALL.AYE5.CARRIED.
July 11, 2016 REGUl.AR C�UNCII MEETlNG MINUTES
d) Ordinance No. 5810: An ordinance was read amending sections 4-5-020, 4-5-050, 4-5-051, 4-
5-055,4-5-055,4-5-060,4-5-090,4-5-100,4-5-110, and 4-5-130 of Chapter 5, Building and
Fire Prevention Standards,of Title IV(Development Regulations) of the Renton Municipal
Code, adopting by reference and amending the most recent editions of State, National,
Uniform, and International Codes and amending the Construction Administrative Code.
MOVED BY PRINCE, SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES. CARRIED.
e) Ordinance No. 5811: An ordinance was read changing the zoning classification of certain
property within the City of Renton (King County parcel no. 863710-0440; tract f of threshold
1)from Residential-Ten Units Per Net Acre (r-10), to Residential-Fourteen Units Per Net Acre
(r-14) (file no. LUA-15-000745, ECF,SHPL-A, SA-A, R, MOD, MOD).
MOVED BY PRINCE,SECONDED BY MCIRVIN,COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL:ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADIOURNMENT
MOVED BY PRINCE,SECONDED BY PAVONE, COUNCIL ADJOURN. CARRIED.TIME 8:36
P.M.
�
Jaso A. Seth, CMC, City Clerk
Megan Gregor,CMC, Recorder
Monday,luly 11, 2016
July 11, 2016 REGULAR COUNCIL MEETING MINUTES
Council Committee Meeting Calendar
7uly 11, 2016
.luty 14�2016
Thursday
3:00 PM Ptanning & Development Committee, Chair Prince - Counci! Conf. Rm.
1. Sunset Planned Action Ordinance
2. �aw Impact Development Principles & Practices
3. Emerging Issues
4:00 PM Cammunity Services Committee, Chair Witschi - Council Canferente Raom
1. Municipa) Arts Cammission Appointment - Blalack
2. Municipal Arts Cammission Update
��ly a�s, �o�.s
Monday
NU MEETING CUUNCIL H�LIDAY
��ty�s, zols
Manday
NO MEETING CC3UNCIL HOLIDAY
.luly 28, 2016
Thursday
3:00 PM Planning & Development Committee, Chair Prince - Council CHAMBERS
1. Avana Ridge Appeal
CANCELLED Community Services Committee, Chair Witschi
August 1, 2016
Monday
4:00 PM Utilities Committee, Chair Mclrvin - Council Canference Room
1. Harrington Ave. NE Stormwater Retrofit Praject - Grant Agreement
2. Kennydale 320-Reservoir Praject Pre-Design
3. T-Mabile West, LLC Franchise Agreement
4:30 PM Transportation Committee, Chair Perez - Council Conference Room
1. Acyclica Lease for Travel Time Data Collection
2. Emerging Issues in Transportation
5:00 PM Committee of the Whole, Chair Corman - Cauncil Chambers
1. Master Plan Review
2. Kennydale Water Tawer/Fire Station 15 Construction Update
3. "For the Love of Renton" Follow Up
4. Republic Services Negotiations Update
JUL 11, 2016 - CITY COUNCIL REGULAR MEETING - MOTION SHEET
� �tgeind� Agenda:5eection 1'itle/iter� Matian 5t�ff Contact interested Parties
Gt �
P1�c�tt�e�it; �
3.a) PROCLAMATION Parks& Recreation Month-July 2016:A proclamation by COUNCIL CONCUR Kelly Beymer Maryjane Ortiz
Mayor Law was read proclaiming July 2016 to be "Parks&
Recreation Month" in the city of Renton, encouraging all
citizens to join in this special observance.
5.a) PUBLIC HEARING Sunset Redevelopment Planned Action Amendments COUNCIL CONCUR Rocale Timmons Judith Subia
TO CLOSE THE
PUBLIC HEARING
8.a) CONSENT AGENDA Approval of Council Meeting minutes of June 27, 2016. COUNCIL CONCUR � Jason Seth Megan Gregor
8.b) CONSENT AGENDA AB-1718 City Clerk reported appeal of the Hearing Jason Seth Rocale Timmons
Examiner's final decision regarding the Avana Ridge PUD � Vanessa Dolbee
(LUA-15-000894) by Dan Palmer, accompanied by Judith Subia
required fee.Consideration of the appeal by the City
Council shall be based solely upon the record,the
Hearing Examiner's report,the notice of appeal, and
additional submissions by parties(RMC 4-8-110.F.6.).
8.c) CONSENT AGENDA AB-1719 City Clerk submitted the quarterly list of fully � NONE; Jason Seth N/A
executed contracts between 4/1/2016-6/30/2016, and a INFORMATION
report of agreements expiring between 7/1/2016- ONLY
12/31/2016.
8.d) CONSENT AGENDA AB-1721 City Clerk reported the official population of NONE; Jason Seth N/A
the City of Renton as of 4/1/2016 to be 101,300, ranking INFORMATION
eighth in the state by population size, as calculated by the ONLY
State of Washington Office of Financial Management.
8.e) CONSENT AGENDA AB-1722 City Clerk reported the results from the COUNCIL CONCUR Jason Seth Dan Carey
7/5/2016 bid opening for CAG-16-105- Maplewood Ron Straka
Creek and Madsen Creek Sediment Basin Cleaning Project Lys Hornsby
2016; and submitted the staff recommendation to accept Li Li-Wong
the lowest responsive bid submitted by Sierra Pacific Cindy Moya
Construction, LLC., in the amount of$76,000.
8.g) CONSENT AGENDA AB-1704 Community&Economic Development �� ,,��, Angie Mathias Judith Subia
Department recommended reviewing consultant ���V�I�
recommendations regarding potential revisions to the
codes, rules,and standards to incorporate and require
Low Impact Development(LID) principle and practices
with the Planning Commission. Following this review,the
Planning Commission will present code revision
recommendations to Council.
8.h) CONSENT AGENDA AB-1720 Community&Economic Development REFER TO UTILITIES Amanda Askren Jennifer Henning
Department recommended adoption of an ordinance COMMITTEE Brianne Bannwarth
granting a 10-year franchise agreement with T-Mobile Judith Subia
West, LLC as a purveyor of broadband Cindy Moya
telecommunication services within the City of Renton.
8.i) CONSENT AGENDA AB-1706 Community Services Department �EE��'�Q FIA#�II}CE Jeff Minisci Jessi Merriman
recommended approving the 1ob Order Contract(JOC) �{'}�tlI�TT�E Sandi Weir
Work Order with Forma Construction Company, in the
amount of$208,135.05,to perform a complete roof
restoration at City Hall.
S.k) CONSENT AGENDA AB-1696 Human Resources/Risk Management COUNCIL CONCUR Ellen Bradley-Mak Mary Ann Coleman
Department recommended approval of the local 2170 Pat Miller
Washington State Council of County and City Employees
American Federation of State, County and Municipal
Employees(AFSCME) labor agreement for 2016-2018 and
grant the same bonus and wage increases to all regular
non-represented employees that have been
recommended for AFSCME.
8.1) CONSENT AGENDA AB-1708 Human Resources/Risk Management COUNCIL CONCUR Ellen Bradley-Mak Mary Ann Colernan
Department recommended approval of the 2016-2018
IAFF Local 864 Firefighters personnel labor agreement.
8.m) CONSENT AGENDA AB-1711 Human Resources/Risk Management COUNCIL CONCUR Ellen Bradley-Mak Mary Ann Colernan
Department recommended approval of the 2016-2018
IAFF Local 864 Battalion Chiefs personnel labor
agreement.
8.n) CONSENT AGENDA AB-1716 Police Department recommended approval of "� ✓:� 4�_� ` ''.�;��" Jeff Eddy Melissa Day
z ,yye..:;
. �:t;i%:�.:.:� ,.-�.»��6-;,�r.m:..;.;-u':>
a Cost Reimbursement Agreement with the King County ��`'�=��=;ex;�:�::. Cindy Moya
_,�;;r;'`:'.�,..t,..,, .�,
:1��.�. _,
Sheriff's Office to receive funds in the amount of i�:- �t ' : -;����.
,.��: �,xn�.,;:;�� ,..
$27,606.14 for the purpose of verifying the address and `��F y<';:.�sy.,-�>r•;:...,.� -�;
.�:�.u ���%-:.�-_ ,�;:.:
. ��� �. < � '�-,.
residency of registered sex and kidnapping offenders. ��q ��� �,�^
'�`�_`'�•��� Chris Barnes Eric Cutshall
� - �.:... .,_. . y�
,�X< j�"` Heather Ulit
,%,:�:,,,,��
o CONSENT AGENDA AB-1710 Transp nrt�v�°to yease Ac�yciica Products for the �;= Li Li-Wong
g } recommended pp �
for the a ' � li
use af Bluetaothi""and Wi-FiT""technology M�
'4ro'�,^�.x. :;...c d?:: ��,r
purpose of coilecting travel time and originjdestinatian {h L bF w�.: H
:K
data with a required initial expenditure of$10,400 and ��� �5 �Y.
{ f� �ys Hornsby
annuai maintenance expenditure of$5,00�. REFERTO UT1LiT1ES Ron Straka �ristina Lowth�an
' CONSENT AGENDA AB-1714 Utility Systems Qivision recammended COMMIT'fEE
$•a� �pproval of a 2016 Water Quality Financiai Assistance
Grant Agreement with Washington State Qepartment of
Ecology to accept$675,000 in grant funds for the design
and canstruction of the Harringtan Ave.NE Green
Connections Stormwater Retrafit Praject-Phase��� Roberta Graver
ices Department C�UNCiI CONCUR Sonja Me}laender Casey Stanley
17EM5 8.1..S.P•, AB-17Q5 Community Servraximately$20,000 fn fees
$��} recommended waiving app
AND 8.5.-
SEPARATE and charges associated with the 2016 Renton�R��' �YS Susan Campbeii-
CONSIDERATION Community Festival.�;c`,:.�=��'���' COUNCiI CONCUR Jonathan WHson H�hr
ITEMS 8.1•, $•P•, AB-1712 Transportation Systems Division Sandi Weir
�•p� recommended approval of Addendum 10-16 to LAG 011-
ANQ 8.S.-
SEPARATE 85 and Addendum 15-16 to LA�003-84 for the purpas
of extending the airport leases with Kaynan,Inc.until
CpNSiDERATION F }�,-
October 31,2016.����' •� •� Lys Hornsby
����+��- Cl�UNCii.CONCUR Hebe Bernardo Ron Straka
qB-1717 Utility SYstems Division recommended
' �5� ITEMS 8.J•,�•P�� rofessional services agreement with Li Li-Wo+�g
AND 8.5.- appravai of a p
SEPARATE Herrera Environment�an Starmwater Mariva Updat nt of
CONS1pERATiQN $169,044 far the Ren
Phase il Project. . . . COUNCIL CONCUR
TO RECONSiDER
' RECOIVSIDERATION At the request of Councilmember Persson,it was APPRO�AL t)F TFIE
OF THE CONSENT
Ci�NSENT AGENDA
AGENDA
MINUS ITEM 8•F.
Preeti Shridhar
�„'"" COVN�11.
CON�UR Iw n W a"� Sandi W eir
vice5 Qe�ar rco '
, inistra�.ive Serd�endum g t�the Ca
AS-1713 Adm pSAi aive
ended apprOyal of a pccess� tO w
et Sound eriod 1/1/2016�
� IrtEM 8.F.- re�omm ,Id�th Pug for the p
� S.f� SEPARAT� -�heatre lease onth base rent t impr°�ement
TiON 2 500 per m {or tenan to ailow �
CONSIpERA the$ � reimburse PSA S a�e,
12/�1/201g and ublic broadcasting P Me��ssa DaY
for the p roies as Lessee and
costs incurred �ts dual CON�UR ' RUss Radke
PSA to continue �arca Theatre• ��UN�iL
manager/aP
erator of the ""—'�"�
��.��ee- vone presented a
,.""""" fety
Com►r�ttee Cha+r Pa ,�t�e staf�
Public Sa mendin�,�oncurrence 15 Edward Byrne
._..-- UNF1NiSHEa report recom to approve the 20 mourit of _..."
dation �rant in the a a�ment's
9.a1 gUSiNES� ' recomn1en Ss►stance lim Se�t2
Mernoriai lustice A �he R�nton Poiice�e� and pr�vide . �oo11eY
$26,587 to help fund program - CUR Keith Bob Hanson
V'ct�m Advocacy �OVNGiI CON Neather Ulit
pomestic��o►�nce of domestic violence.
victims �hai�.Perez presented a Li Li-W�ng
ass�stan=�--'""'" m�ttee �n the staff .
'�Transportat�an COrn �oncurrenceMayor and C+tY C`erk
..----""""�� UNFIN�SNED
or#recom�endingUthorize the 4 to the , �
9•bl BUSiNESS �epammendatio;ementai AgreemenWNh�perteet,inc•for Natalie Wissbrod
to execute SuPp ent CAG-15-046 oadwaY """.._.�-- 1am1e ThOmas
reem N�1Qth Street R
consuitant ag e a�d _ . ��UN���CON�UR
the SUnSe��an rQsented a repo►� �
I imprOyements Prole�t. ersson p ,2016
� ._----- mittee Chair P ent an lu�y 11
Fi�anze�om r�Val for pa`lm fi�e wire transfers,and
ED ending app �nts
....----�'-"-- UNFiNiSH m 348489,
� recom 348116- m
g.c1 gU51NE55 �laims vouchers benefit withholding pas including �„_._----""""
pne paYroll run with ayro!►voU�he
87�,989.11 and p totaling �
totating$5� osits and 10�paYroll checks y_
g02 direct dep �
$1,C,45,�11.73•
l�m�h�m s
�Q�J{dCi1.CONCUR
IwQn W ang
resented a re'P�rt
m�►endation
Chair pe;�th�staff reca
�am,m�ttee ence e ar�und��.3 to
�n�e curr �to issu ce+P em�um
v�.lFiN�5NE0 �e°mmovedth�refina�`ateg$1.1�n�SSU��2pfl8 W ater
ESS ta app im outstand further
g.dl gu51N With�g�illion of the ittee
miNion nUe Bonds -�he��mm n�e With a11 the d M�chaei Kirk
refinan�e ve� ed ord�na first Cead�ng an olan Merriman
5ewer Re a the attach ented f�r � e below f�r Michaei N aess+ � a
recomme a�a�uments be�rd fina�read�ng� se ��U�CiI.�ON�UR c�ndy M v
associa eme�tto second 5and��eir
d a report
advan resente m ndation u ti-w°"g
ord;nan�e�� �hair Persson p taff recom e r
�,�a��e�omrnitGon eri�e in th� e�,r Iob Orde
�urr two-Y
UNF1N15NE� recom+�r'eve en�ering��t° nstruction an aea�yontract wh�ch ,�hom�s
ie
g.el gU51NE55 to apPrO With F�rma C� e o\d 7ob�r hQr !am Se
rep�ace th ittee furt aUthor�Zed ,W��Wang �hris See
�ontracts 2016•The Camm pP't
�onstruction to May�r and City��erk be �oVN�11.AD Cindy May�
� 1b�
on�u y ANCE
exp�C�mend5 that the a authorizing ,�HE pRD1N
, re�� n thQ�°ntract. n ord�nan�e W ven a Refurding ed AS EtEA�
� to s�g 5512:A er Re u� to exce
� n�e No. Sew �t o{the
, ter and mpUnt o�n
� Ord«'� �e of a wa 1On
; {�r first rin��p f,refund�ng a P�rt
, ,nan�e the issu the g�re�ate p 2Q08A; �in�ept
10.a1 �eading�"d gor►d►n for thQ Purp°Sve°�ue B�nds'Seo{thQ 8p1d' �h,p Z�mmerman
van�er�'ent t� �9�5�fl��40 and SeW�r Re nd�oyenants {ina�teCms�f �, paut N�ntz Gregg er Henning
ad and fina� �ity s`�ater rrn,ter`�s a apprO�e t�e thereto. �ii.A��P jenn
S�Gond viding t�`e fo authoritY t° a.�ers related �OVN �NA�`►CE ludith Subia
reading� pr� ating�ertain Cii�ng other m read repealin� S 1'NE�R� `ndy Moya
d�e Bond�and autho An ordinan�e was Pub�ic WaY �REpD C
58�9� of Titie tX l
r prd�na�g N� a�k Coe��o�tion�,cipal Code�and
5 � a1 ter ertYl o the� �hap er 9-8�"S�dewalk
�Cd�nancel l f° Chap
10.b� 5e�ond and fm a eP ac g�t`Nith�Construction.
reaa�ng� Mainxena��e a�
Criag Burnell lennifer Henning
� COUNCIL ADOPT �udith Subia
Ordinance(s)far �rd�nance No. 5820: An ordinance was read amendi�5 THE ORDtNANCE ��ndy Moya
10.c} sections 4-5-020,4-5-05a�4-5-051,4-5-055,4-5-Q55�er 5, AS READ
second and finai
reading: 060,4-5-090,4-5-100,4-5-110, and 4-5-130 of Chap
Building and Fire Prevention S�h�Rentan Munic p��
(Deveiapment Regulations)of
Code,adopting by reference and amending the most
recent editioi�Q�es and amending the Constructian
Internatiana �Iark Ciose
Administrative Cade. COUNCIL ADOPT lason Seth
ludith Subia
' Ordinance(s}for �rdinance No.5811: An ordinance Wa erta w xhinghe THE ORDINANCE Cindy N�oYa
1�•�� the zoning c�assification of certain prop Y
second and finai County parcet no.863710-0440;tract AS READ
reading: City of Renton(King
f af threshold 1}from Residentiai-Ten Units Per Net Acre
(r-10),to Residentiai-Fourteen Units Per Net A�OD,���
(file no.LUA-15-000745,ECF,SHPL-A,SA-A,R,
Mt7D).
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- Presentation to the f�enton Cit Council �r�i
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4 July 11 , 2016
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• Ben Andrews • Mitch Shepherd
• Bill Huls • Neil Sheesiey
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• Evelyn Reingold • Paul Hebron �
�� • Jerri Everett • Samantha Goetz- z��
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= " The arts are not a frill. The arts are a response to
our individualit� and our nature, and help to shape
our identity.
What is there that can transcend deep difference and
stubborn divisions?
The arts.
They have a wonderful universality.
Art has the potential to unify.
It can speak in many languages without a translator.
The arts do not discriminate.
The arts can lift us up."
-Farmer Texas Congr�sswoman Barbara Jordan �
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�. , ±�ukt��t�r ``'����,,r�; ,�
unse rea
� �
Rocale Timmons, Senior Planner
July 11, 2016
__—_.,,,,� •
RE N T O N '� �-�-
WASHINGTON �s
Ahead of the Curve ` .
Presentation �utline
• Site Characteristics/Vision
• Su nset Area H istory � �- a --
'..�� ... �, � / --�� ' ```�:.
-�.--�-----.' � �
3 - � � ��� 'w�� ` ''`+���.
— Sunset Area EIS � 18 � ������ � � ��� �
� ;� „ Z7 Uj �. ,e �
� � ��
���.�,.:,_.. � =a,` � 5
— Planned Action Ordinance � ; z, �_,__,� �� �� � ��� ;.��.� � �
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— Co m p l ete d P ro j e cts ������ ��. �� ����. ,,.,s„� ; ����� f� :� ������ r ��
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• Revi sed P ro posa I - �� ��o � n �g j� �
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— Revised Planned Action Ordinance
. � .���,� �
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_ Sunset Area Profile
.�¢
��.� � �
, �� �acres near the Cit Center.
v
— Approximately 3000 duplex units
were built on 240 acres of Iand . ��«Ev�E ���� _
MENCER .. ., �
*�
S u n s e t Te r ra c e u b I i c h o u s i n _ .4LANQ NEWCASfIE � '" "' °'f°"4
p g �� �EAtt« � � ��.
�� -
100 units i
wr,��.�,4,. _
�, � �� � _
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f' NENTUN
• Good a ccess to h i hwa s a n d �K���A � �,,�,�.�.�,�a
� v
tra ns it st�TA� .. F�;���..a�....�
�
,;:
� s � �
• Close to ma ' or em lo ment ��"T � ���L �
J p v �
shopping, and entertainment .
opportunities
__,_
a, �' �,
� '���.,
Sunset Are� Hi ���or
Y
• Initial Planning Efforts ( 1999-2006)
.
• Highlands Task Forces I & II (2007-2008) � � i � ��� ��
� �� ,. ^�: ��
.� �_�
• Sunset Area Community Investment Strategy� �����9}
• Sunset Area EIS� (2010�
� �__�
.,
• Pla n ned Action��---�rd�i �� 1 � �
.._ +A� ����..L.�� ..r_.._�_. _ ,s�,._-� .
' � ����� ���� �
���`'�� > 6: , � r z
_ '
;�
• Completed/Current �Pfrojects � 2011-2015 � _ ���
• Sunset Terrace Master Site Plan / PAO (2415 �
Request
. �
, �
Revise Sunset Planned Action 4rdinance �,2Q�.6 �
�� �
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�� ��������� � �
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� �. �
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��,
Reevaluation Conclusions
• No substantive change to the findings in the original
Record of Decision would occur as a result of the
reevaluation .
• Mitigation measures incorporated in the proposal
and identified in the FEIS, combined with additional
consultation and mitigation documented in the
Record of Decision, represent reasonable steps to
reduce adverse environmental effects.
• The 2016 Re-evaluation and Addendum would result
. . . .
in minor revisions of the ROD and Planned Action
Ordinance to reflect the revised Master Site Plan .
� .
�
Recommendation & Next Ste s
p
Staff recommends adoption of the amended Sunset
Area Planned Action Ordinance. The revised PAO
will continue to implement the recommendations
of the Sunset Community Investment Strategy.
N ext Ste ps :
Public Hearing — July 11, 2016
P&D Deliberations/Recommendation — July 14, 2016
PAO 15t Reading — August 1, 2016
-,� � � � .
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� PAO 2nd Reading — August 8, 2016 ,� ' ��,;� � � ;:_ 1 'a " �r �
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Su,nset Area EIS (2010) - Ke�Findinqs
. . . .
Water Quality Will improve
Air Quality & Local increases; regional decreases
Energy
Transportation Multiple modes improve
Minor improvements to meet LOS
Noise Exceed HUD limits today and in future
Compatible with WSDOT guidelines
Parks and Demand will increase; need to consider variety
Recreation of options including City-RSD coordination and
acquisition
Water & Sewer Infrastructure is antiquated
Sewer improvements as per 2009 Plan
Water improvements — need loop system
�
.
i '�
Sunset Area EIS - Alternatives (2010)
� , .
Alternative 1 No action.
Alternative 2 Moderate level of growth based on investment in
mixed-income housing and mixed uses in the Sunset
Terrace Subarea, targeted infrastructure and public
services.
Alternative 3 Highest level of growth based on investment in the
Sunset Terrace Subarea with a greater number of
dwellings developed in a mixed-income, mixed-use
style, major public investment in study area
infrastructure and services.
Preferred Alternative Neighborhood growth similar to and slightly less than
Alternative 3.
Pur ose of the Planned A '
, p ct�on
Ordinance
1 . Strea m I i ne la nd use erm itti n rocess
p � p
2 . Faci I itate the re a ration of hased
p p p
s ecific site lans over time and allow
p p
the Cit to determ i ne consistenc
v y
3 . Provide more certa i nt for mem bers of
y
the u bl ic a nd rivate develo ers
p p p
:
W:� � .F.,. c'.4a .
Sunset Area Planned Action Ordinance
• The ROD and Planned Action Ordinance identifies
mitigation measures from the FEIS.
• Mitigation measures address :
— Airquality
— Water resources
— Noise
— Transportation
— Parks and Recreation
— Utilities: Water and Sewer
n
��� , ��.
,Planned Actions (2011 - 2015):
SUNSETTERRACE REDEVELOPMENT
SUNSET AREA COMMUNITY REVITALIZATION PROJECTS
1 . Glennwood - - -
w�. .
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Town homes c � �µ
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3 . Ki rkla nd Town homes ' �
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4. Highiands Library � , , M � � ��ryy�,��
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What Chan ed in the S n
, g u set
Terrace Subarea in 2015?
• Approximately 90 units were
redirected to the Sunset Terrace �� , � �
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Subarea — for a total of 722 �`� ��°� `� - - �� `�` ` ° F °
k a
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r � � 4 s
¢ _ , k�_ n � ,
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multi-family units �� �� ��� ��� ���
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• Building heights increased by no A � `��. }� � �T ,1�^� ��
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�nw d
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m o re t h a n 10 f e e t. \';�� � .µ�, ���.; � '`� �-� tr��" �
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• The park was expanded to 3.2 `:b�� --: - 1 t �
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acres from 0.5-2.5 acres ;,\ Q���; . ��-,� r� �_ ,� � �mw� , t ��,,
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• `ti� ��,�.��� '°' "f TT ,�: �.� ��f,
Local streets, serving the Sunset �, �� o� � �� b� o �. : . �,�,
''�c��;-, � � �� �, c�,/%
���. �� �`�'�����.a���'-`� �� e� ;�
Area, were reclassified to allow � �µ z . ;� �='
a more efficient roadway cross-
sections
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,Planned Actions (2015-Present):
SUNSET TERRACE REDEVELOPMENT
6 . S u n set Pa rk M a ste r SUNSET AREA COMMUNITY REVITALIZATION PROJECTS
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• Completion: Fall 2018
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g Rcynon NFah!ar+ds Obrary
�.s_ _ .. rOpy(t�kNS�1�lninfaLYXti'3Gp<�,t.
COUNTY UF K�NG` }
WAS�NGT�N� C1TY nF RENTON
STATE 4F pC1BLiCATI4N ti�N�y OCE QF O�
AFFIDAVIT ��' PLBLIC HEARIy�
` nIC.IL
ItENTO1V CITY COL,
� Np"CICE tS HEREBY tiIVEN
p�,�jC NpTICE SwQrn on oath that she is the Lega� tnat the Re„ton c�of uly°'20Y4
being first duly fixed the tith aih� date and time
Lin�a M Mills, at 7.0o p.m as to�heta in
ge resentative of the �oT a pub�,�hea�;,,g
Advertising l� the seventh ���' ��ia[l�1055 S.
Or�er bt:rs of Renton Ciry 98d57, to
�T�y way, Renton,
Renton Rep consider the fotlowing
Adopting the Amended
Sunset Area Pianned Action
is a legal newspaPer °f o�a�n���
newspaP�r six months p�t interested part�es are invited
newspaper, wh�ch for mare than ubtic hearing �d
a weekly is now and has been u�lished in to attend the p
present ��r�tten °o°Sa�eO�ritten
general circulation and� . neWspap�r �n King regarding the p W
to,
u�lication hereinafter referre ta the ��ri
date of p as a �'�e�ly roved as comments submi��
prrQr to the ua � continuausiy Re orter has been apP m.on the day 4e
t�e English la�� g of the State �►f Clerk bY S d�p entered tnto
�h� Renton I� the hearing will be
Washington. Su erior Caurt the pubtic heazing record.
CountY, order of the p Hall is in compli-
a L,egal NewspaP�r by ular issues xencon c��
Ca�nty ublished in r�� ance with the American 1?isabi[-
Washingta�for I�inS which was ities Act, and interpretive servio-
e exact form annexed waS p form) tm �j�ed ""l�
The notice in th and not in supp�ement St�ted periQ�• es for the hearing � notice.
Re orter ( the belaw he pTovided upan pr�or
of the Renton I� �a��{425)430-6510 for addition-
1 distributed to its subscribers during at`�so�at,on
regu�ar Y OtlCe, a: Jason A.Seth,CMC
'The annexed n �,ublic Notice c;�y cterk
Publish2a16.#tb$15$n Repo�er
luty l,
was published on luly l,2016.
e fee charged far said foreg�ing Publication is
Th esum o $g2 b3 th
��� ��y
�,inda Mills R� resentative,Rentan Repp�er
' ed and sworn tQ m�this lst day of Jul�Y�2Q16.
Legal Advertising P
Subscrib
���� �.- Washington,Residing in
�C,�l�Gwin,Notar'Y Public for the State of
Puyal��p,VJashington