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Council 05/04/2009
AGENDA RENTON CITY COUNCIL REGULAR MEETING May 4, 2009 Monday, 7 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT H IN 1 Influenza Virus (Swine Flu) briefing 4. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 4/27/2009. Council concur. b. City Clerk submits application for release of drainage easement by Jim Hanson, consisting of approximately 1,010 square feet located in the vicinity of Monterey Ave. NE and NE 24th St. Refer to Utilities Committee. c. Community and Economic Development Department recommends approval of a contract in the amount of $34,350 with MAKERS architecture + urban design to develop a framework City Center Community Plan. Refer to Finance Committee. d. Community and Economic Development Department reports submission of grant applications for the 2009 Neighborhood Grant Program and recommends funding fourteen projects and six newsletters totaling $50,660, and authorizing a second round of funding with a deadline of 10/09/2009. Refer to Community Services Committee. e. Community and Economic Development Department recommends approval of a Memorandum of Understanding with Renton Technical College for services and funding in the amount of $25,000 to continue the work of the Renton Small Business Development Center. Council concur. 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topic may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers 7. RESOLUTIONS AND ORDINANCES Ordinance for first reading: Wireless public safety radio in -building coverage regulations (Council approved via Public Safety Committee report on 3/16/2009) (CONTINUED ON REVERSE SIDE) 8. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 9. AUDIENCE COMMENT 10. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER May 4, 2009 Monday, 5:30 p.m. Fire and Emergency Services Transport Analysis; Emerging Issues in Community and Economic Development Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE- CABLECAST TUES. & THURS. AT 1 1 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board.. A JLS/City Clerk Staff Contact...... Bonnie Walton, x6502 Application for Release of Drainage Easement by Jim Hanson, for James H. Jacques, of approximately 1,010sf located in the vicinity of Monterey Ave. NE and NE 24th St. (File RE-08-002) • Application, including legal description & map Al #: I ew JP-o or Consent .............. Public Hearing.. Correspondence. . Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Legal Dept......... Refer to Utilities Committee Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: On June 5, 2008, Jim Hanson, 17446 Mallard Cove Lane, Mt. Vernon, WA 98274, filed an application for the release of a drainage utilities easement of approximately 1,010 sq. ft. in Tract 261, CD Hillman's Lake Washington Garden of Eden Division No. 4, located in the vicinity of Monterey Ave. NE and NE 24th St. The easement was granted as part of the plat of the Stollenmayer Addition (KC Rec # 6903056478697). An application filing fee of $250 has been paid. The Technical Services Section of the Utility Systems Division has since reviewed the Application for Release of Easement and determined that the release of easement petition is valid. • Determine whether the release of easement proposal should be granted, the classification of the easement, whether there are conditions of the approval, and whether an appraisal is necessary to determine the amount of compensation to be paid, if any, and • If so approved, adoption of an ordinance to finalize the release if all determinations have been made and all conditions have been met within 90 days of Council approval. cc: Karen McFarland, PW/ Utility Systems X CITY OF RENTON APPLICATION FOR RELEASE OF EAST MENT JUN 0 2008 IN THE CITY OF RENTON CITY RECEIVEDLRFFICE To the Honorable Mayor and Date 1p —- p B' 3 Pm ijd Members of the City Council City of Renton Circulated By: 1055 S. Grady Way Renton, WA 98055 Address: -2VWG //),41.0 v� 1,✓ Dear Mayor and Council Members: G/ // Telephone: 3�/ O - VZZ �- 4-0 S (O We, the undersigned property owners abutting a certain portion of public easement, as acquired from 5'-ro C"AIAZEE q..bD 94gTdated MN,+ 4 9 (.9 , and recorded under King County Recording Number 4 p , respectfully request the release of said easement. That portion of the easement area to be released being more particularly described on the attached "Exhibit A". The undersigned each consent to such proposed easement release and warrants that the granting thereof will not adversely affect his vested rights as an abutting owner. signa ye J / AME17 S JQUE'S print name phone 67533 _RlPcB�i-2 9AI address 3,343'Fo 2,Z9'3 property identification number signature print name phone address property identification number Instructions: 1. Attach complete legal description (i.e. metes and bounds, etc.) 2. a) Sign name. (Signatures of owners of 2/3 of lineal frontage must sign. Spouses do not need to sign. Owners in common must sign. Contract sellers must sign.) b) Print name and phone number. c) List Property address and King County tax parcel identification number. 3. Attach a map to the petition designating the vacation boundaries. 4. Submit $100.00 filing fee with application. SUBMIT PETITION TO THE CITY CLERK, SEVENTH FLOOR, RENTON CITY HALL. If and when the City Council approves the vacation at a public hearing, payment of a post - hearing processing fee of $jPK00 will be. required. 516 $Zso,o© HACorms\esm reI.DOTI/99 Exhibit A Legal Description THE NORTH 10 FEET OF THE SOUTRH 270 FEET OF THE WEST HALF OF TRACT 261 OF C.D. HILLMAN' S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO.4, AS RECORDED IN VOLUME II OF PLATS, PAGE 82, RECORDS OF KING COUNTY, WASHINGTON, LESS THE EAST 25 FEET FOR ROAD. Map Exhibit SECTION 5 , . 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RECORL7S OF it/NG COUNT.{; JYoOaE�y/�Y�i'7��i/�XCEl7T THE 7Awril3z4t'xrETdF 71VESOdTN f04 FEET'OF nYEIitE'�T�s'ALF O.F JA/D �.PAlT2!%,LE.f�i'TiNEE9Si�• PSF.EET Fop ROAD; ,elso A D.P.ai.YasE E.aSEMEaT L�,R'rP44E� .IS FOIL o►xr; T,fE'if,'O.PI.v/o fE,E,�'OFTNE.l7�dT.Y !` PTO FEET OF THE /Y.EJT/149LF OF.1'A/D TiP.4GT?G/ lESS7?YEE.Ill.�'2��7'FiOiPROAD. �f LAND SURVEYORS CEf T/F1l�,47'E,, / NEREBY CErPT'/FY T//AT T//E PCAT SH01YN HG�;�EO/Y /S c4,gSE //l'OA' AN ACTUAL SURYEY .ENO SOBb,I ✓fS/ON OF SECT7dry .S, TOH'lVS6d.�2.��YO.PTN, .PANNE 5 EAST, H!A�•� T,o,147 'J7S/E O/STiy/VGFS A.vO BE.OR�iy;CS ARE siYO/YiY CORiPEcrcYivERL"oN,.i`Af4rTNf.�AONaME/yT.3'•'I.XiLL BE�"TA�YOTt/ELOTANO BLOC.0 CORNERS ST,�tiEdYtitRREOa'LY oN THE G tb!/r.'D TNAT.•I/1Z41�E FOLLY CRpvr/ED IV/TiY THE PRO/'/S/ONS OF TNE' ST.D3;Y/TES qd'D /y/TiY �R'D•,(.ULAT/O/1/.S'•BD/E.PN,�'OIATTOy(�.' ' RECORDING CERTIF18�4i •`.-.• f/QED fO,e RFCO�PO' Rt''T,f(E �EO�/�ST OF.'TyE C/TY OFRE/YTO/VT�i'/S S '_ DAY OF_M CN .��77L i•,, A7=af �' (�//r�E•S -,4Sr L A. _ /y/, AN,D REG'OROFO //Y YOrC/NC CW&7?, yY.4SN/NG7"ON. .Y/ix5' CvuNr/-Y A//L�/ TORT _ IIEPUTY d�/N4' CO!//�?Y AvD/ToR- - ; •.:- l •• - TREASURER C'•ERTIFIe-AT.E� 6 4 78Cz97 /HEREBY L�XTj/fY T.YAT ,4LL PROPFRTY••:TAXES .4RE PA/O,. T.fSOTTiY,Erf�" ARE Np,'• � � � � • DEL/NQU�ryTSPEE'/.4C :ASSES.s.�YENTS, dNd ,4i L SPECioc . ASSE,SS,ypENTs tW�'Y OF THE 'Al / 7P 11.�7'Y�YEPF/N CO1✓TWNED t D/GATED S S7iPEtTJOR AYEw7l�ES ARE polo ciii rv/ c CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: For Agenda of: Dept/Div/Board... Department of Community and May 4, 2009 Economic Development/Planning Staff Contact...... Chip Vincent, x-6588 Agenda Status: Consent .............. X Public Hearing... Subject: City Center Community Plan Correspondence... Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Issue Paper Study Sessions...... Scope of Work from MAKERS architecture + urban Information......... design Draft Contract Recommended Action: Approvals: Refer to Finance Committee Legal Dept......... X Finance Dept...... Other. Fiscal Impact: Expenditure Required... $34,350 Transfer/Amendment....... Amount Budgeted....... $34,350 Revenue Generated......... Total Project Budget $34,350 City Share Total Project... $34,350 The implementation of the Community Planning initiative is one of the 2009 - 2014 Business Plan Action items. In an effort to fulfill this action item, the Planning Division issued a Request for Proposals inviting submissions for the development of a framework plan for the City Center Community Planning Area. MAKERS architecture + urban design was selected to assist in the development of the framework plan. This plan will focus on three areas: transportation, land use, and community vitality and will include action items, as well as recommendations for the next steps to undertake during the implementation phase. MAKERS will place a heavy emphasis on public participation throughout the process. STAFF Approve a contract with the MAKERS architecture + urban design for $34,350 to develop a framework City Center Community Plan and authorize the Mayor and City Clerk to sign the contract.. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: April 27, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor �u FROM: Alex Pietsch, Administrator STAFF CONTACT: Chip Vincent, ext. 6588 SUBJECT: Framework City Center Community Plan ISSUE: Should the City enter into a $34,350 contract with MAKERS architecture + urban design to develop a Framework City Center Community Plan? RECOMMENDATION: Approve the contract with MAKERS architecture + urban design for $34,350 to develop a Framework City Center Community Plan. BACKGROUND SUMMARY: The City Center Community Planning Area was selected as the first community planning area in the City to begin the implementation of the Community Planning Initiative (one of the 2009 — 2014 Business Plan Action items). In late 2008, a Request for Qualifications to develop a framework plan for this area was issued. The RFQ invited firms to submit qualifications based on demonstrated experience developing urban center plans with special focus on transportation, land use, and community vitality. An interdepartmental team concurred with OED's review and recommendation of the submittals and selected MAKERS architecture + urban design to undertake the development of the framework plan. MAKERS will conduct extensive public outreach holding two open houses in the City Center Community Planning Area and meet with multiple stakeholder groups in order to determine and refine the goals and objectives of the City Center framework plan. Council will be presented with the results of these meetings and provide additional input and direction prior to the development of the preliminary concepts and implementation strategies. The draft plan will also be presented to Council to seek input as MAKERS works towards the finalized report. The final framework plan will use graphics extensively to communicate key aspects of the plan and will include an executive summary that can be understood separately and widely distributed. The final plan will also make recommendations of actions to be taken in order to accomplish the goals and objectives of the residents and business owners of the City Center Community Planning Area. The plan will provide a framework for issue and opportunity identification. The plan will also provide the basis for the next phase of the Community Planning effort for the City Center which will be the Master Plan and Implementation strategy. The estimated timeframe of this contract is six months. CONCLUSION: The Community Planning Initiative is a stated action item on the 2009 — 2014 Business Plan. An interdepartmental team selected MAKERS architecture + urban design to begin the fulfillment of this action item, specifically for the City Center Community Planning Area. The Department of Community and Economic Development will bear the costs of this contract through its existing budget. cc: Jay Covington, CAO Terry Higashiyama, Community Services Administrator Leslie Betlach, Parks Director David Daniels, Fire Chief/Emergency Services Administrator Bill Flora, Deputy Chief/Fire Marshall Gregg Zimmerman, Public Works Administrator Peter Hahn, Deputy Public Works Administrator Jim Seitz, Transportation Design/Planning Program Supervisor RENTON CITY CENTER COMMUNITY FRAMEWORK PLAN Scope of Work: April 24, 2009 Tasks 1. Startup a. Meet with staff to define the preferred scope of work, coordination of City and consultant tasks and the public participation process. MAKERS will also advise staff in preparing the staff tasks in 2 below. This may require an additional meeting at City Hall. Identify with staff the study area boundaries. Note: The team may define a larger study area and then define the community planning area boundary more specifically during the process b. Staff tasks: Compile background materials from existing City sources, including: • Maps and aerial photos from existing sources and plans. (City will provide electronic versions of maps and aerial photos) • A summary of the current comprehensive plan vision, completed plans and studies. • A summary of key information contained in any market analysis, traffic impact analysis, transit alignment alternatives, and other background and existing conditions information. The summary will identify any new issues, challenges, or opportunities that have not been identified in previous studies. • Long-range and Six -Year Transportation Improvement Plans, Transit plans, Non - motorized plans. • The adopted Parks, Recreation and Open Space Implementation Plan • Transportation policies and development regulations (mitigation fee, concurrency, etc). Staff will also prepare a set of base maps and a background report summarizing existing conditions c. Prepare base maps as needed to supplement existing mapped data. The City and the consultant will identify additional needs for mapped information, (such as traffic counts, etc.) and the consultant will prepare maps as directed. Product: Mapped graphics in a format useful for the open houses and planning analysis. 2. Prepare for and conduct Open House #1 to identify goals and objectives ("vision") and key issues to be explored. The 2-3 hour open house will consist of sessions geared toward clarifying vision elements (goals and objectives), and identifying key issues. Staff will handle the logistics of outreach, room arrangements, etc. The consultant will facilitate the sessions, and prepare the materials, presentations, etc. Suggested open house sessions include: • Introduction and overview of the project CADocuments and Settings\amathias\Local Settings\Temporary Internet Files\Content.Outlook\OKBPUZCT\Renton DT Frame plan draft —sow 4-24_updated.doc Page 1 • Structured brainstorming of goals and objectives (problems and potentials) (Small Group) • A visual preference survey to identify preferred downtown character. (Small Group) • A summary session in which ideas are examined and general directions summarized. 3. Meet with staff and, if desired, stakeholder committee to identify alternative ideas for planning directions. This is envisioned as a session where staff and stakeholders can download some of the issues they have experienced and ideas that they have. Product: alternative concepts to that describe different land use, transportation and urban design options for the City Center. They will be in plan graphic format with narrative descriptions. Transportation analysis will be minimal at this point. 4. Conduct Open House #2 to evaluate alternatives. Participants will be given the opportunity to comment on various aspects of the alternatives and to state their preferences in small groups. At the end of the session, each team will present their results and the consultant will summarize what they heard and describe the implications for a preferred concept. Product: Results of open house #2 5. Compile OH #2 results, frame planning concept with transportation system framework, and take additional comments at a Planning Commission or Council meeting. The consultant will compile results and meet with Staff to identify the framework plan's elements. 6. Meet individually with members of the Chamber of Commerce, Downtown Association, and North and South Downtown Neighborhood Associations to refine the concept with respect to their objectives. Integrate their input into the planning concept 7. Based on the results of the meeting, the Consultant will refine graphics into a presentation to Council or planning commission. If desired, staff can participate in this effort. The consultant will communicate with City staff after the presentation and determine the direction of the next step (7). Also if desired, the consultant can arrange for a drop -in open house where citizens can view the plan's direction and give comments. Product: Presentation for City Council 8. Based on the Commission's/Council's direction compile the preliminary preferred concept, preliminary implementation strategy, and next steps recommendations into a community framework plan. The Consultant will produce a highly graphic report with an attractive executive summary that can be separately and widely distributed. The plan will focus on actions for the City to undertake in the next few years and provide substantive recommendations to guide those activities. Topics may include: Page 2 • Recommendations for transportation planning including additional traffic analysis, tasks for working with transit providers, pedestrian and non -motorized vehicle improvements and parking actions. This element will be a project focus. The consultant team will meet with City staff specifically to address issues related to timing and content of next planning steps so that it is integrated with upcoming work. • Preliminary recommendations for changes to transportation system strategy. (This will be without modeling but will present a general structure that the City can use to explain how the individual transportation actions interrelate.) • Recommendations for land use actions and additional planning including preliminary suggestions for zoning, development standards, design guidelines, incentives for development, and other pro -active measures to encourage the desired development to be completed in later phases. • Preliminary parks, trails recreational facilities and open space recommendations to be further explored. • Recommendations for addressing hazards such as flooding. • Recommendations for pursuing environmental protection and restoration activities. • Ideas for social, health, community strengthening and related programs that emerge from the charrette and staff discussions. (This will be based on staff and non-profit input • Description of other public facilities, streets, and community improvements that are suggested during the charrette and staff discussions. • Activities to upgrade the downtown's visual qualities and design identity • Economic development studies and measures. (This will be at a conceptual level unless there is some specific input from some outside business development group — although we could put in some hours to meet with the chamber or other business group to provide some more details.) • Recommendations for public outreach and involvement in subsequent steps. • Up to three renderings illustrating a vision for the City Center (added cost — see budget) Most importantly, the Community Framework Plan will communicate verbally and graphically the need for such work and the benefits that could result from the larger community planning effort. Where possible, preliminary recommendations for policies and City actions will be presented. Illustrate the community framework plan with up to three renderings. 9. Present the plan to the Planning Commission or Council and finalize the report. Support a staff report to Council and/or presentation to the appropriate Council Committee. Page 3 Budget MAKERS Partner @ $140 Staff @ $85 Transpo $160 Budget Amount 1. Meet with staff; define scope and process 10 2 2 $1,890 2. Prepare for and conduct open house #1 12 24 4 4,360 3. Meet with staff for review and frame alternatives 16 8 2,920 4. Conduct open house #2 to evaluate alternatives 8 12 4 2,780 5. Frame concept and transportation system 16 12 20 6,460 6. Meet with key stakeholder groups 8 8 1,800 7. Refine and illustrate framework plan, implementation strategy, and next steps* 20 40 6 7,160 8. Compile framework plan 16 24 4,280 5. Present and finalize report 12 12 2,700 Total Budget 118 142 36ir $34,350 * For three dimensional renderings, add $1,500 per rendering Deadline All work associated with the Scope of Work and work products shall be completed by December 31, 2009 Page 4 CONSULTANT AGREEMENT THIS AGREEMENT is made as of the day of , 20 , between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Makers architecture + urban design, hereinafter referred to as "CONSULTANT", for their services related to developing a framework for implementing a City Center Community Plan. Information shall be made available for use by the City of Renton Staff and City Council. The CITY and CONSULTANT agree as set forth below: 1. Scope of Services. The Consultant will provide all labor necessary to perform all work, which is described in the attached Scope of Services (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the parties. The scope of work may be amended as provided herein. 2. Changes in Scope of Services. The City, without invalidating the Consultant Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the work shall be authorized by written agreement signed by the City and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, the consultant will not proceed without a written change order from the City. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3. Time of Performance. The Consultant shall complete performance of the Consultant Agreement for the items under Consultant's control in accordance with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than December 31, 2009. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and the Consultant. 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of $34,350. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, 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 contractor and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of $1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non -Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this agreement. Please note: The cancellation language should read "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left." 11. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant's relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 12. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work performed under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, the presence of any physical or sensory handicap, or sexual orientation, in the selection and/or retention of employees, or procurement of materials or supplies. This agreement is entered into as of the day and year written above. CONSULTANT Makers Architecture + urban design 1904 Third Ave, Suite 725 Seattle, WA 98101 APPROVED AS TO FORM: City Attorney CITY OF RENTON Denis Law, Mayor ATTEST: Bonnie I. Walton, City Clerk CITY OF RENTON COUNCIL AGENDA BILL ow MI-ICIAM submitting Data: For Agenda of: Dept/Div/Board.. CED May 4, 2009 Staff Contact...... Norma McQuiller - ext.6595 Agenda Status Consent .............. X Public Hearing.. subject: First Round of 2009 Neighborhood Grants Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... exhibits: Issue Paper with project descriptions Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Community Services Committee Legal Dept.......... X Finance Dept........ X Other ............... Fiscal Impact: Expenditure Required... $50,660 Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget $82,000 City Share Total Project.. ' SUMMARY OF ACTION: Eighteen project applications and six newsletter applications were submitted for the first round of neighborhood grant funding. Staff evaluated each request against established criteria. Fourteen projects and six newsletter grants are recommended for funding. STAFF RECOMMENDATION: Approve fourteen 2009 Neighborhood Program project applications and six newsletter applications totaling $50,660. Authorize a second 2009 application round of funding ending in October 9, 2009. Rentonnet/agnbill/ bh Y DEPARTMENT OF COMMUNITY AND ,! ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: April 21, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: X, Denis Law, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Norma McQuiller, Neighborhood Program Coordinator (x6595) SUBJECT: 2009 First Round Neighborhood Grant Applications ISSUE: Do the twenty four grant applications submitted, which includes six newsletter grants, comply with the City of Renton's Neighborhood Program objectives and should they be approved? • RECOMMENDATION: The Administration recommends approval of fourteen projects and six newsletter applications, totaling $50,660, and authorization of a second 2009 application round ending on October 9, 2009. BACKGROUND SUMMARY: The City Council appropriated $82,000 in the 2009 Capital Improvement Program budget for the Neighborhood Grant Program. The grant applications received in this round are shown in the following table. A more detailed summary of projects is attached. The following criteria were used to evaluate projects to determine if the objectives of the Neighborhood Program are met: ■ Project size, location, and complexity are appropriate for the neighborhood group, with a realistic budget. ■ Documentation shows neighborhood participation and adequate volunteer labor reflecting community support for the project and includes maintenance after project completion. ■ Physical improvements are visible and benefit a large area of a community. ■ Demonstrated networking, self-help, and neighborhood organization. ■ Sufficient matching funds exist through volunteer labor, cash, or donated labor/materials. h:\ced\edn\neighborhood program\community services committee\2009\issue paper -I st round grant applications 2009 (2) (2).docx April 21, 2009 Page 2 Of the eighteen project grant applications, the interdepartmental Grant Review Team recommended fourteen be funded and four be denied based on the above criteria. Neighborhood Requested Amount Recommended Amount Project Grant Applications Aster Park Homeowners Association $8,942 $8,942 Downtown Committee/S Renton Neighborhood Association $3,275 $3,275 Earlington Hill Neighborhood Association $4,701 $4,701 Heritage Garden Estates Homeowners Association $10,028 $10,028 Honey Creek Homeowners Association $1,490 $1,490 Kenn dale Neighborhood Association $3,992 0.00 Laurelhurst/Glencoe Neighborhood Association $2,998 $2,998 May Creek Homeowners Association $565 $565 North Renton Neighborhood Association $9,565 0.00 Rolling Hills Condominiums Association $2,672 $2,672 Rolling Hills Village Homeowners Association $5,218 $5,218 Summerwind Homeowners Association $1,088 0.00 Summit Park Condominium Association $1,786 $1,786 The Orchards Homeowners Association $958 $958 Tiffany Park Homeowners Association $1,280 $1,280 Victoria Park Homeowners Association $2,836 $2,836 Windwood Homeowners Association $2,280 $2,280 Winsper Homeowners Association $3,000 0.00 Newsletter/Administrative Grants Earlington Neighborhood Association $440 $440 Rolling Hills Homeowners Association $300 $300 Summit Park Homeowners Association $48 $48 Tiffany Park Homeowners Association $89 $89 Tiffany Park Neighborhood Association $506 $506 Victoria Park Homeowners Association $248 $248 Total $68,305 $50,660 Note: The above amounts are rounded to the nearest dollar. CONCLUSION: The Neighborhood Grant Program continues to provide neighborhood associations with opportunities to improve their community and get to know their neighbors better. cc: Suzanne Dale Estey h:\ced\edn\neighborhood program\community services committee\2009\issue paper -1st round grant applications 2009 (2) (2).docx Attachment 2009 Neighborhood Grant Projects Total Meets objective of Grant Project Neighborhood Neighborhood Request Cost Project Description Program Aster Park $8,942 $17,884 The project is to take the area Yes Homeowners from its neglected state and City staff has Association beautify it into a user-friendly researched the City park. The proposed site for and County plans for the park is located on Aster any future access Park Access Tract. road. The residents may use the property with the understanding that a road may be implemented at some point in the future. Good project. Downtown $3,275 $6,550 Downtown businesses will Yes Committee/S Renton host a variety of events to Good project to Neighborhood invite the community to visit engage the Association the downtown, some perhaps community with for the first time. Downtown. Earlington Hill $4,701 $9,402 The project consists of placing Yes Neighborhood an entrance sign on Hardie The project will Association Avenue. The sign is 36" x bring neighbors 48" mounted on a cement wall together and instill that is trimmed in brick. community pride. Heritage Garden $10,028 $20,056 Install lighting to an existing Yes Estates Homeowners neighborhood entry sign and Lighting will help Association illuminate a dark area with no maintain community current lighting. pride and illumination will serve as a deterrent to crime. Honey Creek $1,490 $2,980 Project consists of digging out Yes Homeowners path located in the common Will build a sense of Association area and filling it with gravel community and help the neighborhood a desirable place to live. h:\ced\edn\neighborhood program\community services committee\2009\issue paper- lst round grant applications 2009 (2) (2).docx Attachment 2009 Neighborhood Grant Projects Kennydale $3,992 N/A Project includes the use of a No Neighborhood Sea -van container stocked While we applaud Association with emergency supplies for the idea, cargo use by the Kennydale containers are not residents in case of an allowed to be stored emergency. The van would be on sites in this zoning stored on property owned by destination (Code 4- the City of Renton and 2-060M). There are designated as the future home also the issues of of Fire Station 15. security, graffiti, nuisance hazard, vandalism, and insurance liability. Staff recommends KNA look toward non -City funding opportunities. If the Neighborhood Program were to start funding these types of projects it would deplete the budget for other community projects. Laurelwood/Glencoe $2,998 $5,996 Install two entrance signs and Yes Neighborhood lighting. Good investment in a Association neighborhood intent on staying connected and thwarting vandalism. "Call before you dig." May Creek $565 $1,130 Stain fence and replacement Yes Homeowners of bark in the HOA Project would Association playground and traffic circles. improve aesthetics of the area. North Renton $9,565 N/A Remove dirt from 4 traffic No Neighborhood circles and replace with The 4 traffic circles Association concrete to give a clean look. remain a problem. The City has previously spent funds to beautify the 4 circles. Recommend staff h:\ced\edn\neighborhood program\community services committee\2009\issue paper-1 st round grant applications 2009 (2) (2).docx Attachment 2009 Neighborhood Grant Projects work with the NRNA to come up with a solution that will be agreeable to all concerned. Recommend NRNA re -apply in next round of funding. Rolling Hills Condo $2,672 $4,435 The project includes planting Yes Association shrubs and trees within their The project will gated community. bring residents together to enhance their community by planting drought resistant plants. (It was recommended by the Community Service Committee in 2008 that the project application be resubmitted in 2009.) Rolling Hills $5,218 $10,436 Build a new play system in the Yes Homeowners neighborhood playground. Ambitious project Association with great planning. Playground systems now require ADA accessibility and safety audit inspection, which will be the responsibility of the HOA. Summit Park $1,786 3,572 Renovation of entrance sign, Yes Condominium planting drought resistant Sign and lighting will Association plants, and low voltage enhance the landscape lighting to neighborhood and illuminate the sign. assist the public when trying to locate the neighborhood. Electrical permit may be required. h:\ced\edn\neighborhood program\community services committee\2009\issue paper- Ist round grant applications 2009 (2) (2).docx Attachment 2009 Neighborhood Grant Projects Summerwind $1,088 N/A Six 24" x 32" A -Frame boards No Homeowners used for neighborhood events The City previously Association and advertisement postings. funded A -Frame boards through a grant and staff feels it is the responsibility of the HOA to replace and maintain any sign -boards. The Orchards $958 $1,916 Landscape a highly visible Yes location at the intersection of Will greatly enhance NE 6th Street and Bremerton the entrance and Avenue, which is one of the build community. gateways into the "Call before you neighborhood. dig." Tiffany Park $1,280 $2,560 Placement of a neighborhood Yes Homeowners identification sign in the Will increase Association neighborhood's park. The community between sign will consist of an neighborhoods. engraved rock. Plants and Neighborhood shrubs will be planted to accepts all liability of enhance the sign area. rock signage. Victoria Park $2,836 $5,672 Install 2 new spring toys and Yes Homeowners create a 72 ft. border Would provide a safe Association surrounding the spring toys. gathering place for Remove existing outdated families. monkey bars. Windwood $2,280 $4,560 The project consists of Yes Homeowners landscape improvements at Call Utilities Association front entrance and low Underground illumination lighting around Location Center Windwood sign. before digging. The project also includes Recommend licensed placing signs to identify areas and bonded where children play. electrician. Additional signs to encourage Proposed signs shall residents to clean up after be within private their pets. property, and should not block sight distance. Winsper $3,000 N/A New entrance sign into the No h:\ced\edn\neighborhood program\community services committee\2009\issue paper -1st round grant applications 2009 (2) (2).docx Attachment 2009 Neighborhood Grant Projects Homeowners neighborhood, which Application does not Association represents 92 homes and is include a definite located on Talbot Road, a design or written cost main arterial. of the new sign. Recommend Winsper reapply in 2nd round of grant funding when application is complete with information regarding neighborhood match, design, and final cost of sign. NEWSLETTER GRANTS Earlington $440 N/A Annual costs for a newsletter Yes Neighborhood printed quarterly and Association distributed door-to-door and by USPS. Rolling Hills Village $300 N/A Annual costs for a newsletter Yes Homeowners printed monthly and Association distributed door-to-door and by USPS. Summit Park $48 N/A Annual costs for a newsletter Yes Homeowners printed and distributed door - Association to -door twice a year. Tiffany Park $89 N/A Annual costs for a newsletter Yes Homeowners printed and distributed once a Association year by USPS. Tiffany Park $506 N/A Annual costs for a newsletter Yes Neighborhood printed and distributed door - Association to -door quarterly. Victoria Park $248 N/A Annual costs for a newsletter Yes Homeowners printed quarterly and Association distributed by USPS. h:\ced\edn\neighborhood program\community services committee\2009\issue paper- Ist round grant applications 2009 (2) (2).docx CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... Suzanne Dale Estey CED Ext. 6591 Subject: Memorandum of Understanding with Renton Technical College regarding Renton Small Business Development Center Exhibits: Issue Paper Memorandum of Understanding Recommended Action: Council concur Al #: For Agenda of. May 4, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $25,000 Transfer/Amendment.$25,000 Amount Budgeted....... 0 Revenue Generated ......... 0 Total Project Budget $75,000 City Share Total Project.325,000 X SUMMARY OF ACTION: The City Council is asked to approve and authorize the Mayor to sign the attached memorandum of understanding (MOU) with Renton Technical College (RTC) to continue the work of the Renton Small Business Development Center. A previous MOU was with Highline Community College for similar work and improved arrangements have been made with RTC. Funds for this MOU have already been authorized. Matching funds will be provided by RTC and the Renton business community. STAFF RECOMMENDATION: Approve the Memorandum of Understanding with Renton Technical College regarding Renton Small business Development Center and authorize the Mayor and City Clerk to sign the MOU. y COMMUNITY & ECONOMIC DEVELOPMENT U ,, + DEPARTMENT M E M O R A N D U M DATE: April 27, 2009 TO: Council President Randy Corman Members of the Renton City Council VIA: J Denis Law, Mayor FROM: Alex Pietsch, Administrator STAFF CONTACT: Suzanne Dale Estey, ext. 6591 SUBJECT: Memorandum of Understanding with Renton Technical College for Renton Small Business Development Center ISSUE: The Council previously approved a $25,000 contribution to the Renton Small Business Development Center, which is funded as a public -private partnership with Renton Technical College (RTC) and the Renton Chamber of Commerce. Should the City of Renton sign a Memorandum of Understanding with Renton Technical College for the provision of these services through June 30, 2010? A previous MOU was with Highline Community College for similar work and improved arrangements have been made with RTC. RECOMMENDATION: Staff recommends approval of the Memorandum of Understanding for the work of the Renton Small Business Development Center. BACKGROUND: Approximately 85 percent of Renton's businesses have ten or less employees and on a national scale, the 25 million small businesses across the country employ more than half of the nation's private workforce, generate more than half of the country's Gross Domestic Product, and are the principal source of new jobs in the US economy. The City's economic development efforts have not typically involved extensive outreach or support to small business. Since opening August 1, 2009, the Renton -based Small Business Development Center (SBDC) in Renton is successfully addressing that gap. Renton Small Business Development Center April 27, 2009 Page Two The US Small Business Administration has administered the national SBDC program since it was founded in 1980. In Washington State, Washington State University has been the host of the program since it was founded. The Renton SBDC provides one-on-one, confidential assistance to individuals, small businesses, and other entrepreneurs at no charge regarding starting, purchasing, or selling a business; choosing and incorporating new technology; financial management; business plan development; market plan development; and business research. Additionally, the SBDC provides access to business resources such as research, access to lenders and financing prospects, as well as workshops, seminars, and other training opportunities. The approach of SBDCs is to offer one - stop assistance by providing a wide -variety of up-to-date information and guidance in central and easily accessible branch locations. The Renton SBDC is now administered by Washington State University, with Renton Technical College acting as its host. Washington State University has offered to provide services at a rate of $75,000 per year, which includes one full time employee providing consulting services of a Certified Business Advisor, administration and supervision, supplies, and materials. To finance the Renton SBDC, RTC has agreed to contribute $25,000 (in addition to office space and administrative support), First Savings Bank of Renton has agreed to contribute $15,000, and US Bank has agreed to contribute $5,000. The Renton Chamber of Commerce previously contributed $10,000, but has been unable to contribute this year. The State Legislature approved $50,000 for the Renton SBDC in its final budget, ESHB 1244, which is subject to the Governor's signature within 21 days. Upon signature by the Governor, the City would anticipate negotiating with WSU and RTC for a possible "rebate" on its investment for 2009. Additionally, the Legislature passed SSB 5723, which would augment and expand SBDC funding (also subject to the Governor's signature), but a necessary and separate omnibus "fee bill" was not proposed this year. The City will continue to advocate for ongoing state and federal funding for the Center. CONCLUSION: Given the significant growth and import of small business to Renton's economy, the continued support for the Renton SBDC is an important investment in Renton's economic development efforts. The City should sign the related MOU with RTC. Enc: Proposed Memorandum of Understanding cc: Jay Covington, CAO Memorandum of Understanding Between Renton Technical College and the Renton Chamber of Commerce & the City of Renton This Agreement is made and entered into by and between Renton Technical College, the Renton Chamber of Commerce, and the City of Renton. It is the purpose of this Agreement to provide development, partnership and support to the community through the efforts of the Small Business Development Center, an office of which will be located in Renton either at Renton Technical College or downtown, and to provide complimentary business development services and resources to small to medium sized businesses in Renton. The Small Business Development Center (SBDC), which will be called Renton SBDC at RTC, will offer services without fee to small to medium sized businesses in Renton as follows: • One-to-one counseling with a professional experienced in providing business advisory services • Access to business resources such as research and other service providers both public and for -profit • Enhanced access to lenders/financing • Workshops, seminars, and training THEREFORE, IT IS MUTUALLY AGREED THAT: Statement of Work Responsibilities of the City of Renton: • Provide funding as outlined in the payment and billing procedure provisions below • Market the SBDC to the Renton community • Promote the availability of SBDC services through articles in its newsletters, links on its website and opportunities for SBDC advisors to participate in public forums and events. • Provide information to the SBDC regarding entitles holding business licenses in the City. • Display an SBDC leaflet in the City's permit center Responsibilities of the Renton Chamber of Commerce: • Provide funding as outlined in the payment and billing procedure provisions below • Promote the availability of SBDC services through articles in its newsletters, links on its website and opportunities for SBDC advisors to participate in forums and events • Display an SBDC leaflet in its information center Responsibilities of Renton Technical College: • Provide funding as outlined in the payment and billing procedure provisions below • Provide SBDC advising services to the Renton community through its contract with Washington State University • Provide an office with a workstation with a PC connected to the Internet, a telephone, and access to office equipment such as a fax and copy machines and private space for client meetings • Promote the availability of SBDC services through articles in its newsletters, links on its website and opportunities for SBDC advisors to participate in forums and events • Display an SBDC leaflet in its information center • Provide a website page for the SBDC on the RTC website as well as an SBDC email account in the College email system Responsibilities of all Parties: Assist the SBDC in arranging marketing opportunities to chambers, service groups, bank, other business associations, and community -based development operations Provide the SBDC with leads to businesses that might need technical development • Work aggressively as a unit to continue funding for future years • Work together to foster the success of the SBDC by striving to achieve the following targets during each year of operation: o Provide ongoing outreach to Chambers of Commerce, service groups, banks, other business associations, and community -based development corporations o Maintain a minimum of 15 active clients at all times o Serve a minimum of 25 core clients per year o Refer a minimum of 25 clients to other SBDCs or resources o Assist at least four clients in completing a business plan in concert with other technical development provider partners o Assist at least five clients in making application for funding their business operation o Serve clients that reflect the diversity of the Renton community. Period of Performance Subject to its other provisions, the period of performance of this Agreement shall commence on December 1, 2008 and be completed on June 30, 2010, and thereafter will be renewed automatically on an annual basis unless terminated as specified in the termination clause of this Agreement by any party. Payment The parties have estimated that the cost of accomplishing the work herein, including compensation to Washington State University's business advisor for services to the SBDC, supplies, postage, and miscellaneous expenses will not exceed $75,000 annually. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. BiliinLy Procedure Renton Technical College shall submit invoices to the other parties automatically on a quarterly basis. Each party being billed will be responsible for one third of the total cost. Payment to the Renton Technical College for approved and completed work will be made by warrant by the Renton Chamber of Commerce and the City of Renton within 30 days of receipt of the invoice. Upon expiration of the contract, any claim for payment not already made shall be submitted within 30 days after the expiration date of the end of the fiscal year, whichever is earlier. Records Maintenance The parties to this memorandum shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by all parties in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of all parties, other personnel duly authorized by any party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six (6) years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other parties, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by other party are not erroneously disclosed to third parties. Rinhts in Data Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by Renton Technical College. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, types, or/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. Independent Capacity The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. Liability Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. Agreement Alterations and Amendments This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Termination Any party may terminate this Agreement upon 60 days prior written notification to the other parties. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Disputes In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Governance This contract is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the Agreement, including materials incorporated by reference. Assignment The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by any party in whole or in part, without the express prior written consent of the other parties, which consent shall not be unreasonably withheld. Waiver A failure by any party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. Severability If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the valid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Contract Management The program manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. Communications and billing contact person shall be for: Renton Technical College: City of Renton Renton Chamber of Commerce IN WITNESS WHEREOF, the parties have executed this Agreement: State of Washington Renton Technq ' al College By: C.., Title: ����OB�U✓ Date: Lfi1• G 000� City of Renton By: Title: Date: Renton Chamber of Commerce By: Title: Date: Approved as to Form Only: day of oq Kristen Byrd, Assistant Attorney General By: 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," TO ADD A SECTION ENTITLED "WIRELESS PUBLIC SAFETY RADIO IN - BUILDING COVERAGE" AND DECLARING A VIOLATION OF THE REQUIREMENTS HEREIN A MISDEMEANOR. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to add a new section, to read as follows: 4-4-160 WIRELESS PUBLIC SAFETY RADIO IN -BUILDING COVERAGE A. PURPOSE The purpose of this Section is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and structures within the City to and from emergency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site. 1 ORDINANCE NO. B. APPLICABILITY This Section applies to new construction permits issued after the effective date of this Section. A Certificate of Occupancy shall not be issued to any structure if the building fails to comply with this Section. C. BUILDING RADIO COVERAGE Except as otherwise provided no person shall maintain, own, erect, or construct, any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, including but not limited to firefighters and police officers. For purposes of this Section, adequate radio coverage shall mean that the in -building radio coverage is sufficient to pass the testing procedures set forth in this Section. D. EXCEPTIONS This Section shall not apply to the following: 1. Existing buildings or structures. 2. Single family residential buildings. 3. Structures that are 50,000 square feet in size or less without subterranean storage or parking. The subterranean areas shall not be exempt from these requirements. 4. Wood -constructed residential structures four stories or less without subterranean storage or parking. 5. Buildings constructed prior to the implementation of this Section shall not be required to comply with public safety radio coverage provisions of this Section. However, should exempted structures undergo 4 ORDINANCE NO. renovation, restoration, significant modification or provide an addition in area greater than twenty percent (20%) of the footprint of the original structure, exemption from the provisions of this Section shall not apply. E. ADEQUATE RADIO COVERAGE A minimum signal strength of three (3.0) micro volts shall be available in ninety- five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers when transmitted from the Regional 800 MHz. Radio System. F. MINIMUM SIGNAL STRENGTH A minimum signal strength of one (1.0) micro volt shall be received by the Regional 800 MHz. Radio System when transmitted from ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers. G. FREQUENCY RANGE 1. The frequency range which must be supported shall be public safety frequency spectrum as determined by the Regional Radio System operator in all areas of the building. Measurements in -buildings for the purpose of this Section shall be to a portable radio of the type the City and the 911 system then currently utilize. The City's Development Services Director may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety grade coverage. 2. The amplification system must be capable of future modifications to a frequency range subsequently established by the City of Renton. If the 3 ORDINANCE NO. system is not capable of modification to future frequencies, then a new system will need to be installed to accommodate the new frequency band. H. TESTING PROCEDURES 1. When an in -building radio system is required, and upon completion of installation, it will be the building owner's responsibility to have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of ninety-five percent (95%). All testing shall be conducted by a technician in possession of a current FCC license, or a technician certified by the Associated Public -Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA). All testing shall be done in the presence of the special inspector for the City. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, the building owner shall have the system altered to meet the ninety-five percent (95%) coverage requirement. 2. The test required by this Section shall be conducted using a portable radio of the type the City and the 911 system then currently utilize. A spot located approximately in the center of a grid area will be selected for the M ORDINANCE NO. t, then the radio will be keyed to verify two-way communications to I from the outside of the building through the 911 system. Once the iter spot has been selected, prospecting for a better spot within the grid :a will not be permitted. 3. The gain values of all amplifiers shall be measured and the test measurement results shall be provided to the building owner, and shall be kept on file with the building owner in the building. The measurements can be compared and verified each year during the owner's annual tests, as provided herein. In the event that the measurement results are lost, the building owner shall notify the chief of police, who will cause police department personnel to rerun the acceptance test to re-establish the gain value. 4. When an in -building radio system is required, the building owner shall cause a technician in possession of a current FCC license, or a technician certified by the Associated Public -Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA), to test all active components of the system, including but not limited to amplifiers, power supplies and backup batteries, a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain remains the same as that found upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a period of one (1) hour test period, in the opinion of the testing technician, the battery exhibits symptoms of failure, the test shall be ORDINANCE NO. extended for additional one (1) hour periods until the testing technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. The technician shall prepare a written report documenting the test findings, and the building owner shall provide the Development Services Director with a copy within ten (10) days of the completion of testing. 5. Each owner shall submit at least one field test, or as determined by the Development Services Director, whenever structural changes occur to the building that would materially change the original field performance tests by a consultant approved by the Development Services Director. The performance test shall include at minimum a floor plan and the signal strength in various locations of the building. I. AMPLIFICATION SYSTEMS ALLOWED 1. Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system and/or an internal multiple antenna system with FCC type accepted bi-directional 800 MHz. amplifiers, or systems otherwise approved by the City Development Services Director in order to achieve the required adequate radio coverage. 2. If any part of the installed system or systems contains an electronically powered component, the installed system or systems shall be capable of operating on an independent battery system for a period of at least twelve 0 ORDINANCE NO. (12) hours without external power input. The battery system shall automatically charge in the presence of external power input. 3. Amplification equipment must have adequate environmental controls to meet the heating, ventilation, cooling and humidity requirements of the equipment that will be utilized to meet the requirements of this Section. The area where the amplification equipment is located also must be free of hazardous materials such as fuels, asbestos, etc. All communications equipment including amplification systems, cable and antenna systems shall be grounded with a single point ground system of five (5) ohms or less. The ground system must include an internal tie point within three (3) feet of the amplification equipment. System transient suppression for the telephone circuits, ac power, radio frequency (FR) cabling and grounding protection are required as needed. 4. A public safety radio amplification system shall include filters to reject frequencies below 851 MHz. and frequencies above 860 MHz. by a minimum of 35 dB. 5. The following information shall be provided to the Development Services Director by the builder: A blueprint showing the location of the amplification equipment and associated antenna systems which includes a view showing building access to the equipment, and schematic drawings of the electrical, backup power, antenna system and any other associated equipment relative to the amplification equipment including panel locations and labeling. 7 I ORDINANCE NO. J. APPROVED PRIOR TO INSTALLATION No amplification system capable of operating on frequencies used by the Regional 800 MHz. Radio System shall be installed without prior coordination and approval of the radio system licensee (Valley Communications) and any such system must comply with any standards adopted by the King County Regional Communications Board. K. NONCOMPLIANCE After discovery and notice of noncompliance, the building owner is provided six months to remedy the deficiency and gain compliance. L. PENALTIES Any person violating any of the provisions of this Section shall be guilty of a misdemeanor and subject to penalties in accordance with the general penalty provisions of Renton Municipal Code Section 1-3-1. In addition, any building or structure which does not meet the requirements set forth in this Section is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equitable remedies to abate said nuisance in accordance with the provisions of Renton Municipal Code Section 1-3-3. M. SEVERABILITY If any subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. ORDINANCE NO. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 32009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1541:2/27/09: scr Denis Law, Mayor 0