Loading...
HomeMy WebLinkAboutCouncil 02/10/2003AGENDA t- RENTON CITY COUNCIL REGULAR MEETING February 10, 2003 Monday, 7:30 p.m. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. SPECIAL PRESENTATION: Neighborhood Grant Awards 4. PUBLIC HEARINGS a. Development agreement proposed as a requirement of the Whitworth Ave. S. street vacation request by St. Anthony's Parish b. Center Office Residential 3 Zone amendments to allow big -box retail east of Garden Ave. N. 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of February 3, 2003. Council concur. b. City Clerk reports appeal of Hearing Examiner's decision regarding modification of road standards for the Elle Rain Preliminary Plat, NE 17th Pl. (PP-02-047); appeal filed on 1/27/2003 by Robert D. Johns and Duana T. Kolouskova, attorneys, representing Patricia Wilson, accompanied by required fee. Refer to Planning & Development Committee. Consideration of the appeal by Council shall be based solely on the record, the Hearing Examiner's report, the notice of appeal, and additional written submissions by parties allowed by Code (RMC 4-8-110F.2). c. City Clerk reports bid opening on 2/3/2003 for CAG-03-002, Liberty Park Skate Park Revisions; six bids; engineer's estimate $70,340.22; and submits staff recommendation to award the contract to the low bidder, T.F. Sahli Construction, in the amount of $65,089.60. Council concur. d. Community Services Department recommends approval of Addendum #2 to CAG-01-042, contract with Facility Maintenance Contractors for landscape maintenance services, to extend the contract through December 31, 2003, in the amount of $104,521.94. Council concur. e. Development Services Division recommends acceptance of the dedication of additional right-of- way at the northwest corner of Dayton Ave. NE and NE 20th St. to fulfill a requirement of the Martin Short Plat (SHP-02-090). Council concur. f. Economic Development, Neighborhoods and Strategic Planning Department recommends adoption of the "City of Renton Action Plan for Protecting Salmonid Species and Habitat." Refer to Committee of the Whole. g. Police Department recommends approval of rate addenda to the interlocal agreements for temporary housing of inmates being transferred to Yakima County Jail to compensate for the daily inmate housing rate increase from $46.00 to $58.80. Refer to Public Safety Committee. (CONTINUED ON REVERSE SIDE) h. Police Department recommends approval to fill the Crime Analyst position at Step E, salary grade pn61. The grade and salary for this position, previously approved by the Finance Committee on 2/3/2003 as pn56, was incorrect, and did not reflect the grade approved by Council in September, 2002. Council concur. i. Transportation Systems Division recommends approval of a contract with King County and Sound Transit to continue the 2003-2004 FlexPass Commute Trip Reduction Program for City employees in the amount of $19,800. Council concur. (See 10. for resolution.) j. Surface Water Utility Division recommends approval of a consultant agreement with Golder Associates, Inc. in the amount of $107,795 to implement the 2003 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction project. Council concur. 8. CORRESPONDENCE 9. OLD 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 chairman if further review is necessary. a. Community Services Committee: Geraldine Jackson Appointment to Planning Commission b. Finance Committee: Vouchers c. Public Safety Committee: Auto Theft Tools* d. Utilities Committee: Springbrook Creek FEMA Floodplain Map Update Contract with R.W. Beck 10. ORDINANCES AND RESOLUTIONS Resolution: 2003-2004 FlexPass agreement with King County/Sound Transit (see 7.i.) Ordinances for first reading: a. Center Office Residential 3 Zone amendment to allow big -box retail (see 4.b.) b. Auto theft tools (see 9.c.) Ordinance for second and final reading: Sanitary sewer system connection to properties outside City limits (1st reading 2/3/2003) 11. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 12. AUDIENCE COMMENT 13. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6:00 p.m. 2002 Year -End Financial Report; Property Tax Briefing Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT 1:00 PM & 9:00 PM v RENTON CITY COUNCIL Regular Meeting February 10, 2003 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KATHY KEOLKER-WHEELER, Council President; DAN CLAWSON; TONI COUNCILMEMBERS NELSON; RANDY CORMAN; DON PERSSON; KING PARKER; TERRI BRIERE. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN; City Attorney; BONNIE WALTON, City Clerk; GREGG ZEM[MERMAN, Planning/Building/Public Works Administrator; NEIL WATTS, Development Services Director; LESLEY NISHII-IIRA, Senior Planner; ALEX PIETSCH, Acting Economic Development Administrator; NORMA MCQUILLER, Neighborhood Coordinator; REBECCA LIND, Planner Manager; MIKE WEBBY, Human Resources Administrator; JIM SHEPHERD, Community Services Administrator; LESLIE BETLACH, Parks Director; DEREK TODD, Assistant to the CAO; COMMANDER FLOYD ELDRIDGE, Police Department. SPECIAL PRESENTATION Norma McQuiller, Neighborhood Coordinator, presented the Neighborhood EDNSP: 2002 Neighborhood Grant Awards for the second half of 2002 to representatives of the Glencoe Grant Program Neighborhood Association, Renton Hill Community Association, and Ginger Creek Community Association. Ms. McQuiller announced that $50,000 is available for neighborhood grants in 2003 for physical improvements as well as for newsletter projects. Neighborhood associations are encouraged to apply for the grants, and applications can be obtained from the City's website at www.ci.renton.wa.us or by calling her directly. She stated that a workshop will be held on February 19th at Renton City Hall for those interested in learning more about applying for a neighborhood grant. In conclusion, Ms. McQuiller added that applications are now available for the neighborhood picnics, which take place May through September. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Development Services: St. accordance with local and State laws, Mayor Tanner opened the public hearing Anthony's Parish Development to consider the development agreement between the City and St. Anthony's Agreement Parish proposed as a requirement of the Whitworth Ave. S. street vacation request by St. Anthony's Parish (VAC-00-003). Lesley Nishihira, Senior Planner, stated that the 4.6-acre Parish campus is located south of S. 3rd St., and north of S. 4th St. between Shattuck and Morris Avenues S. She presented a timeline of events that have occurred as follows: • June, 2000 — St. Anthony's Parish request for street vacation. • April, 2001— Street vacation public hearing held. • May, 2002 — St. Anthony's Parish request for conditional use permit. • July, 2002 — Street vacation request approved subject to completion of the development agreement. February 10, 2003 Renton City Council Minutes Page 57 c • August, 2002 — Hearing Examiner approved conditional use permit subject to the completion of the street vacation and recording of the development agreement. • January, 2003 — St. Anthony's Parish submitted draft development agreement. Ms. Nishihira explained that the purpose of the development agreement is to vest the site to current regulations for the next 25 years, with the exception of regulations pertinent to public health and safety. The agreement would establish the defined boundaries of the campus and limit all future expansions to occur only within this area, and establish a conceptual master plan for future campus growth. She stated that the conditional use permit issued in August, 2002, encompasses phase I and H of the master plan which includes the vacation of portions of Whitworth Ave. S, construction of a social hall, gymnasium, administrative spaces, on -site parking, and classrooms. The development agreement specifically requires the use of appropriate footings and foundations during phases I and H that are capable of supporting additional stories in order to allow for future upward expansion. Continuing, Ms. Nishihira indicated that future phases of the master plan would likely include a church expansion, a rectory with public spaces, and redevelopment of the existing school building. In regards to the future phases, the development agreement requires additional site plan review for future development projects proposed on the campus, and the City may request a parking management plan in case the new or expanded uses generate additional parking demands. Regarding the future timing of the project, Ms. Nishihira explained that the development agreement must be finalized and recorded; building permits must be applied for, reviewed, and approved for issuance; and once the permits are ready to be issued, the ordinance for the associated street vacation can be adopted. She pointed out that this would show that the Parish intends to build within the right-of-way before the City vacates it. Ms. Nishihira reported that the City's Environmental Review Committee issued a determination of non - significance for the proposed development agreement on February 4th, for which the appeal period ends on February 24th. In conclusion, she stated that the Planning and Development Committee will review the agreement, and bring back its recommendation to the full Council. Public comment was invited. Frank Abraham, 543 Whitworth Ave. S. #D, Renton, 98055, stated that he lives near St. Anthony's Parish and has been its facilities manager for 15 years. Reporting that he has only heard unfavorable comments about the Parish from three individuals, Mr. Abraham stressed that the neighboring residents respect the Parish and have a friendly attitude towards it. Glenda Johnson, 1216 Monroe Ave. NE, Renton, 98056, speaking as a member of St. Anthony's Parish, thanked the Council for its support and consideration of the project. Nancy Bainbridge Rogers, attorney for St. Anthony's Parish, 524 2nd Ave., Suite 500, Seattle, 98104, suggested that the proposed development agreement be amended to state that the vacation ordinance be adopted when the site development permits are ready to be issued, rather than the building permits. v February 10, 2003 Renton City Council Minutes Page 58 Ms. Rogers detailed her reasons for this suggestion as follows: the hesitancy of the Archdiocese to finance the project without a firm commitment that the project will proceed; the Parish does not want to start site development work only to stop and have to proceed with the building construction at a later date; concern that if the vacation ordinance is adopted and construction does not occur within five years, the vacation is rescinded and if the City utilities were moved prior to that, they would have to be moved back to their original location; concern that a delay in the adoption of the vacation ordinance may result in construction during the rainy season; and the short expiration periods of the site development and building permits. Bill Rutledge, architect commissioned by the Parish, 19336 47th Ave. NE, Seattle, 98155, reported that the Parish is proceeding with development of the construction documents for the project, and will begin coordinating the utilities move with Puget Sound Energy next week. Mr. Rutledge expressed his concerns about the timing of thesite development and building permits, the vacation ordinance approval, the project construction schedule, and coordinating it all to occur within the construction season. He also noted the challenge of coordinating the project so that it does not disrupt the school. Mr. Rutledge concluded by stating that the issuance of the site development permits should be enough to demonstrate the commitment of the Parish to complete the project. Council discussion ensued regarding the matter, and in response to Council inquiry, Development Services Director Neil Watts stated that the building permit is the first permit that actually requires the street to be vacated. He noted that the site development work can take place prior to the street vacation. Mr. Watts indicated that two months should be enough time for the City to review the building permits so that they can be issued as soon as the street vacation ordinance is adopted. Responding to Council inquiry, City Attorney Larry Warren stated that once the vacation ordinance is adopted, it is effective five days after its publication. Father Gary Zender, Pastor of St. Anthony's Parish, 314 S. 4th St., Renton, 98055, spoke in favor of the project, emphasizing that the parishioners are dedicated to this project. He expressed his confidence that the project will receive approval from the Archdiocese. There being no further public comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL REFER ALL MATERIAL FROM THE ST. ANTHONY'S PARISH DEVELOPMENT AGREEMENT PUBLIC HEARING TO THE PLANNING & DEVELOPMENT COMMITTEE. Planning: Center Office This being the date set and proper notices having been posted and published in Residential 3 Zone, Big Box accordance with local and State laws, Mayor Tanner opened the public hearing Retail to consider the proposed City Code text amendment to allow big box retail as an allowed use in the Center Office Residential 3 (COR 3) Zone, east of Garden Ave. N. and north of N. 8th St. The proposed amendment relates to a rezone that is currently pending before the hearing examiner (File No. R-02-149; Fry's Rezone). February 10, 2003 Renton City Council Minutes Page 59 Rebecca Lind, Planner Manager, explained that the Employment Area - Transition (EA-T) Comprehensive Plan designation is an interim designation enacted in 2001 to encourage the transition of the North Renton industrial area to other uses. Noting that the entire EA-T is zoned Heavy Industrial (IH), she stated that at the time the EA-T was created, several additional zones were identified as implementing tools for the EA-T including the COR Zone. Properties mapped in the EA-T were not rezoned at the time, as rezoning was considered premature. Ms. Lind indicated that the City instead anticipated adding various commercial and research uses to the implementing zones in order to allow flexibility and to facilitate a market driven economic development strategy. Continuing, Ms. Lind explained that a moratorium on development in the IH Zone has been enacted to allow time to review policies and zoning, and she pointed out that the proposed amendment is the first step towards resolving the moratorium issues. Stating that big box use is an allowed use in the IH Zone, she defined it as an indoor retail or wholesale use greater than 75,000 square feet. Ms. Lind indicated that big box use is recommended for only the portion of the EA-T located east of Garden Ave. N. and north of N. 8th St. (commonly referred to as the Fry's site) for the following reasons: the area contains adequate infrastructure for large retail, there is access from transportation corridors, and the area provides a buffer between the industrial use at the Stoneway and PACCAR sites and the commercial activities envisioned for the remainder of the EA-T. Detailing the reasons why big box use is appropriate for the COR 3 Zone, Ms. Lind noted that the COR Zone allows an intense mix of uses, particularly uses of high economic value. Additionally, she reviewed the EA-T policies the proposed text amendment conforms to. In conclusion, Ms. Lind stated that staff recommends amending the COR 3 Zone to allow big box use, and she suggested that the enacting ordinance be presented for first reading and advanced to second and final reading this evening. This would enable the hearing examiner to issue his report on the related rezone, and expedite the property's removal from the moratorium. Public comment was invited. Chuck Leingang, 2513 NE 23rd Pl., Renton, 98056, expressed his concern regarding the loss of overflow parking for Gene Coulon Memorial Beach Park once the properties are developed. There being no further public comment, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 63 for ordinance.) In response to Councilman Corman's inquiry regarding obtaining more overflow parking for the park, Community Services Administrator Jim Shepherd confirmed that the City is trying to find a solution to the parking problem, saying that the City has been in discussion with property owners in the area; however, no agreements have yet been reached. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2003 and beyond. Items noted included: February 10, 2003 Renton City Council Minutes Page 60 • The City's website registered 1,672,066 overall page views in comparison to 1,131,971 overall page views in 2001 (an increase of 47%). • The Recreation Division received a $3,000 grant from the King County Performing Arts Network for the 2003 season performances at Carco Theatre. • Citizens can now download and print a variety of static maps using the popular Adobe PDF format from the City's website at www.ci.renton.wa.us. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of February 3, 2003. Council concur. February 3, 2003 Appeal: Elle Rain Preliminary City Clerk reported appeal of Hearing Examiner's decision regarding Plat, Patricia Wilson, PP-02-. modification of road standards for the Elle Rain Preliminary Plat, NE 17th Pl. 047 (PP-02-047); appeal filed on 1/27/2003 by Robert D. Johns and Duana T. Kolouskova, attorneys, representing Patricia Wilson, accompanied by required fee. Refer to Planning & Development Committee. CAG: 03-002, Skate Park City Clerk reported bid opening on 2/3/2003 for CAG-03-002, Liberty Park Revisions, TF Sahli Const Skate Park Revisions; six bids; engineer's estimate $70,340.22; and submitted staff recommendation to award the contract to the low bidder, T.F. Sahli Construction, in the amount of $65,089.60. Council concur. Community Services: Community Services Department recommended approval of Addendum #2 to Landscape Maintenance CAG-01-042, contract with Facility Maintenance Contractors for landscape Services, Facility Maintenance maintenance services, to extend the contract through December 31, 2003, in the Contractors, CAG-01-042 amount of $104,521.94. Gouneil eeaeu~. Refer to Community Services Committee. Development Services: Martin Development Services Division recommended acceptance of the dedication of Short Plat, ROW Dedication, additional right-of-way at the northwest corner of Dayton Ave. NE and NE 20th Dayton Ave NE, SHP-02-090 St. to fulfill a requirement of the Martin Short Plat (SHP-02-090). Council concur. ESA: Salmonid Species and Economic Development, Neighborhoods and Strategic Planning Department Habitat Protection Action Plan recommended adoption of the "City of Renton Action Plan for Protecting Salmonid Species and Habitat." Refer to Committee of the Whole. Police: Jail Services Contract Police Department recommended approval of rate addenda to the interlocal Addenda, King County Cities agreements with King County cities for the temporary housing of inmates being transferred to Yakima County Jail. The addenda reflect Renton's daily inmate housing rate increase to $58.80, to match that of Yakima's which increased from $46.00 to $58.80. Refer to Public Safety Committee. Police: Crime Analyst Hire at Police Department recommended approval to fill the Crime Analyst position at Step E Step E, salary grade pn61. The grade and salary for this position, previously approved by Council on 2/3/2003, was incorrect and did not reflect the grade approved by Council in September, 2002. Council concur. Transportation: FlexPass Transportation Systems Division recommended approval of a contract with Program, King County (Metro) King County and Sound Transit to continue the 2003-2004 F1exPass Commute & Sound Transit Trip Reduction Program for City employees in the amount of $19,800. Council concur. (See page 63 for resolution.) February 10, 2003 Renton City Council Minutes Page 61 Public Works: Cedar River Surface Water Utility Division recommended approval of a consultant Section 205 Flood Damage agreement with Golder Associates, Inc. in the amount of $107,795 to Reduction 2003 Monitoring implement the 2003 Monitoring Plan for the Cedar River Section 205 Flood Plan, Golder Associates Damage Reduction Project. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO CHANGE ITEM 7.d. FROM "Council concur" TO "Refer to Community Services Committee." CARRIED. Appeal: Elle Rain Preliminary Reporting on Consent Agenda item 7.b., the appeal of the Elle Rain Preliminary Plat, Patricia Wilson, PP-02- Plat road standards, City Attorney Larry Warren stated that he met with the 047 Housing Authority today and was able to obtain an agreement from them to provide an easement for emergency ingress and egress, which, when formalized, will eliminate the need for the appeal. OLD BUSINESS Council President Keolker-Wheeler reported that the following topics were Council: Retreat Report (2/5 & discussed during the Council/Staff planning workshop held on February 5th and 2/6/2003) 6th: Explore Life project; Renton's Comprehensive Plan; Heavy Industrial Zone moratorium update; annexation issues; Renton's Business Plan; Council communications; leasing issues; Council meeting minutes; cable channel 21; Council interactions with staff; naming of the Aquatic Center; and historic issues. Public Safety Committee Public Safety Committee Chair Clawson presented a report regarding auto theft Legal: Auto Theft Tools tools. The Committee concurred in the recommendation of staff that the ordinance regarding this matter be presented for first reading. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 64 for ordinance.) Police: Burglaries in Renton Public Safety Committee Chair Clawson presented a report regarding burglaries Highlands (Commercial & in the Renton Highlands shopping area. The Committee was briefed by the Residential) Police Department on the alleged increase in burglaries in the Renton Highlands shopping area. The Committee concurred in the recommendation of staff that no additional action be taken at this time.. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Corman pointed out that the Police Department continues to take action to curtail the increase in burglaries and the Committee was briefed on the matter. Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the Mayor's appointment of Geraldine (Gerrie) Appointment: Planning Jackson to the Planning Commission for a three-year unexpired term, which Commission expires 1/31/2005, replacing Cheryl Danza who resigned. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilwoman Nelson introduced Ms. Jackson who stated that she has a background in real estate, land use and permitting, and is looking forward to being a member of the Planning Commission. February 10, 2003 Renton City Council Minutes Page 62 Utilities Committee Utilities Committee Chair Corman presented a report recommending Utility: Springbrook Creek concurrence in the staff recommendation that Council authorize the Mayor and FEMA Floodplain Map City Clerk to execute the consultant contract with R.W. Beck in the amount of Update, RW Beck $245,000 to complete the Springbrook Creek Federal Emergency Management Agenda (FEMA) floodplain map update. The approved 2003 Surface Water Utility Capital Improvement Program budget for this project is $210,000. An additional $44,000 is proposed in the 2003 carry forward budget for a total appropriation of $254,000. MOVED BY CORMAN, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Responding to Council President Keolker-Wheeler's inquiry regarding why the project is over budget, Councilman Corman explained that the staff estimate used to determine the project budget was preliminary, and when the consultants submitted their estimate, it was higher than the preliminary estimate due to the nature and complexity of the project. Planning/Building/Public Works Administrator Gregg Zimmerman added that with the ongoing development in the Valley, the floodplain elevation might be too high. He explained that when the elevation is too high, property in the floodplain is unbuildable. By readjusting the floodplain elevation, a process that must be approved by FEMA, the floodplain could be reduced resulting in more buildable property. *MOTION CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Persson presented a report Committee regarding the SR-167 Springbrook Creek Culvert replacement project. WSDOT: SR-167 Springbrook Construction permit U030038 was approved for the project pending conditions Creek Culvert Replacement required by the Renton City Council and Board of Public Works. The Board of Project Public Works met on January 22nd and issued an approval of the noise variance subject to meeting the listed mitigation measures indicated in a subsequent January 22nd, 2003, letter sent to the Washington State Department of Transportation (WSDOT). The Committee met on January 30th and determined other requirements of the SR-167 weekend closure to be accomplished by WSDOT in order to address area business and resident issues. The Committee recommended concurrence in the recommendation of staff to approve the SR-167 closure with the following additional requirements: 1) The SR-167 closure between S. 212th St. and SW 43rd St. is approved for all weekends in July and September. It is the preference of the Committee that, if a July weekend is chosen, the weekend of the 25th — 27th be a last priority due to the City celebration of Renton River Days. Furthermore, no dates in August will be allowed for the closure. .2) The Committee expressed its preference for using Washington State Patrol officers for flagging traffic at the intersections of SW 41st St. and East Valley Rd., SW 43rd St. and East Valley Rd., and the northbound entrance to SR-167 and S. 43rd St. However, the Committee agreed to allow the State Highway Department to provide experienced, trained flaggers to control traffic at these three intersections. The Committee further recommended requiring the State to provide this traffic control at the three intersections at all times as a condition of the permit. February 10, 2003 Renton City Council Minutes Page 63 3) Signage with lettering of at least 18 inches high to clearly direct traffic to major businesses and destinations such as IKEA, Valley Medical Center, and Southcenter Mall will be provided by WSDOT. In addition, WSDOT agrees to leaflet major businesses located within the vicinity of the project prior to the closure. Renton will provide a list of specific businesses and major destinations to be included in WSDOT's distribution at least three weeks prior to the closure. Businesses or public service agencies that require additional written notification include, but are not limited to: Medic One, Renton School District, King County Metro (transit), Valley Communications, and the cities of Renton, Tukwila, and Kent. 4) Signage will be provided to forewarn the traveling public of the SR-167 closure at S. Carr Rd. (Petrovitsky Rd. SE) and Benson Rd. S. (108th Ave. SE), and other major intersections within the vicinity. 5) Signage will also be provided on East Valley Rd. at SW 43rd St. for northbound traffic, and on East Valley Rd. directing Southcenter traffic westbound on SW 43rd St. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Parker presented a report recommending approval of Finance: Vouchers Claim Vouchers 211980 - 212358 and one wire transfer totaling $2,017,006.01; and approval of Payroll Vouchers 42561 - 42793, one wire transfer and 563 direct deposits totaling $1,788,965.40. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services: The Met Finance Committee Chair Parker presented a report regarding the Renton Coffee & Wine Bar, Renton Transit Center espresso stand contract. The Committee recommended that the Transit Center Espresso Stand City Council take no action on this referral. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3620 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: F1exPass interlocal cooperative agreement with King County and Sound Transit for the Program, King County (Metro) sale of F1exPasses to City of Renton employees by King County. MOVED BY & Sound Transit CORMAN, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Councilman Clawson commented on the benefits of the FlexPass, saying that he takes the bus to work approximately four times a week. He encouraged City employees to take advantage of the F1exPass. The following ordinance was presented for first reading and advanced for second and final reading: Planning: Center Office An ordinance was read amending Sections 4-2-020, 4-2-060, 4-2-070, 4-2-080, Residential 3 Zone, Big Box and 4-2-120 of Chapter 2, Zoning Districts Uses and Standards, of Title IV Retail (Development Regulations) of City Code by amending the Center Office Residential 3 (COR 3) Zone to allow big box retail. MOVED BY KEOLKER- WHEELER, SECONDED BY NELSON, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. February 10, 2003 Renton City Council Minutes Page 64 Ordinance #5001 Following second and final reading of the above ordinance, it was MOVED BY Planning: Center Office KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL ADOPT Residential 3 Zone, Big Box THE ORDINANCE AS READ. ROLL GALL: ALL AYES. CARRIED. Retail The following ordinance was presented for first reading and referred to the Council meeting of 2/24/2003 for second and final reading: Legal: Auto Theft Tools An ordinance was read amending Chapter 6-18, Penal Code, of Title VI, Police Regulations, of City Code by reorganizing, adding definitions, and making the possession or making of auto theft tools a crime. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 2/24/2003. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance #5002 An ordinance was read amending Section 4-6-040.C.1, of Chapter 6, Street and Utility: Sewer Service Utility Standards, of Title IV (Development Regulations) of City Code by Connection for Property revising policies by which the City allows connection to its sanitary sewer Outside City Limits system by property owners outside of the current City limits. MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, Council: Special Committee, COUNCIL ESTABLISH A SPECIAL COMMITTEE CONSISTING OF Electronic Mail and COUNCILMEMBERS TERRI BRIERE (CHAIR), DAN CLAWSON AND Correspondence Policies RANDY CORMAN TO REVIEW THE COUNCIL ELECTRONIC MAUL Review AND CORRESPONDENCE POLICIES AND BRING FORTH A RECOMMENDATION TO COMMITTEE OF THE WHOLE NO LATER THAN APRIL 28, 2003. CARRIED. ADJOURNMENT MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:04 p.m. . ._ BONNIE I. WALTON, City Clerk Recorder: Michele Neumann February 10, 2003 CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETIP February 10, 2003 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 2/17 CANCELLED (Presidents' Day) (Keolker-Wheeler) MON., 2/24 Briefing on West Hill Policies; 6:00 p.m. Lake Washington Trail Connection Update; Seattle Public Utilities Pipeline Right -of - Way Access Permit COMMUNITY SERVICES (Nelson) FINANCE (Parker) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Clawson) MON., 2/24 Vouchers; 4:30 p.m. Issaquah School District Impact Fees FRI., 2/21 Comprehensive Plan Update — 2:00 p.m. Employment Area Valley Policies; Airport Noise Mitigation; St. Anthony's Parish Development Agreement MON., 2/24 5:30 p.m. TRANSPORTATION (AVIATION) THURS., 2/20 (Persson) 4:00 p.m. UTILITIES (Corman) Yakima County Jail Services Interlocal Agreement Addenda NE 3rd/4th Street Corridor (briefing only) NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. DESCRIPTION: The City Council will hear a proposal for a Development Agreement between St. Anthony's parish and the City of Renton. The agreement has been crafted pursuant to conditions put into place by the City Council upon approving the associated Whitworth street vacation on July 15,2002. The agreement would vest the site to current regulations for the next 25-years — with the exception of regulations pertinent to public health and safety. In summary, the agreement would address the following: • Establishment of the physical boundaries for the parish campus and the limitation of all future expansions to occur only within this area; • A conceptual master plan for future phases of campus development, including an expanded church, a rectory with public spaces, and redevelopment of the existing school building. 'Phases I and II of the plan would include the vacation of portions of Whitworth Avenue, the construction of a new social hall, gymnasium, additional administrative space, on -site parking, and additional classrooms — as approved under the Conditional Use Permit issued August 6, 2002 (file no. LUA-02-054, ECF, CU-H); • The requirement for the use of appropriate footings and foundations during phases I and II that are capable of supporting additional stories in order to allow for future upward expansions within the campus boundary; • Additional site specific review (i.e., Site Plan, SEPA) will be required for future development projects proposed on the campus; and, • A parking management plan may also be requested by the City in the event future new or expanded uses generate additional parking demands. As established by RCW 36.70B.190-200, the Development Agreement must be approved by the City Council through ordinance or resolution after a public hearing is held. The Development Agreement must then be recorded with King County once the ordinance or resolution is in effect. (7R BIG —BOX RETAIL IN THE CENTER OFFICE RESIDENTIAL 3 CODE AMENDMENTS PUBLIC HEARING FEBRUARY 10, 2003 The proposed text amendment would result in a modification of the uses allowed in the Center/Office/Residential 3 (COR 3) Zone. The proposed code amendment would allow "big -box retail" as a permitted use in the Center/Office/Residential 3 zone in a location delineated east of Garden Avenue North and North of N. 8 h Street. Once this code amendment is enacted, the City can rezone property by separate zoning map application before the City Hearing Examiner. In 2001 the City created the Employment Area — Transition Comprehensive Plan Designation to encourage the gradual transition of the North Renton Industrial Area to other uses. The zoning within the entire EA-T designation is currently Heavy Industrial. At the time the EA-T was created, several additional zones were identified as implementing tools for the EA-T including Center Office Residential (COR), Commercial Office (CO), Center Downtown (CD), Light Industrial (IL). Properties mapped in the EA-T were not rezoned at the time, as rezoning was considered premature. Instead the City anticipated adding various commercial and research uses to the implementing zones in order to allow flexibility and facilitate a market driven economic development strategy. A year later, the City Council has now determined that the IH zone is not consistent with the purposes and intent of the EA-T designation and the larger vision for Renton's Urban Center development, because it allows new industrial uses. The purpose of the IH zone is to: "Provide areas for high intensity industrial activity involving heavy fabrication, processing of raw materials, bulk handling and storage, construction and heavy transportation. " (Excerpt Title IV Section 4-2-020R). In contrast, the purpose of the Employment Area — Transition, Land Use Element Objective LU-EE.d states: "Provide for the transition of the traditional industrial area to include employment -based and residential uses. Employment -based uses include commercial, office, existing industrial and research based uses that support the economic development of the City of Renton. " However one of the uses allowed in the IH zone, big box retail, is considered appropriate for the portion of the EA-T east of Garden Avenue North. This portion of the EA-T is commonly referred to as the "Fry property" (see the attached map Exhibit 1). The south portion of the Fry's site is currently being developed for big -box retail use. Fry's Electronics will be a one-story, 151,200 square foot retail building with surface parking for 900 vehicles. The north portion of this property has additional development potential. COR 3 Big Box Council Hearing Handout 02-10-03\ m f r Proposal to -Amend COR3 Zoning xt • Add "big box retail' • East of Garden Ave. North • North of N. 8th St. • Once use allowed city can re -zone — Separate zoning map application — City Hearing Examiner Area of Employment Area- Tran " "on (EA-' Comprehensiv Ian • Interim designation • Encourage transition of N. Renton i area • Zoning entire EA-T now heavy industri • Several zones can implement EA-T — COR, CO, CD, Industrial • Re -zoning not done in 2001when EA-T created PropoledAmendment to Center Office sidential 3 (COR3) Adding "Big -Box" Retai Public Hearing - Feb. 10, 2003 r Economic • Council determined that indus zone not consistent with purpose of EA-T - Allows new industrial • Moratorium enacted to allow time to re policies and zoning • Amendment first work item to resolve moratorium issues 1 Policy Dikrences • Industrial zone -high intensity\ — Fabrication — Processing raw materials — Construction and heavy transportation • EA-T — Transition of traditional industrial — Commercial, office — Existing industrial — Research Study Area Limit Use to ion of EA-T • Adequate infrastructure and ac for large retail at this location • Buffer between industrial at Stonewa PACCAR and commercial envisioned remainder of EA-T Big B Use • One of allowed uses i:of zon • Appropriate for portioEA-T • Defined as indoor retail or wholesale — Greater than 75,000 sq. Ft. • Regional sales market • High parking to building area ratio • Excludes auto sales, adult retail • South portion of study area c y being developed for big -box — Fry's Electronics • North portion of study area further development potential • Industrial use inconsistent with EA-T purpose Why COR(3) Zone for Big Box • Allows range of uses. — Offices, conference, laboratories, R • Site plan review required — (No site plan in Industrial) • Allows integration of activities at development through site plan review Purpose of-COR Zone • Mix of intensive office, hotels, ve centers, residential • Commercial, retail and service if pro "high economic value" • Must comply with scale and intensity envisioned for COR projects • Big box meets intent of COR — High intensity, economic value Futu • Moratorium review — Appropriateness of industrial and v commercial — Future analysis may recommend further changes in this area — During Comprehensive Plan update will EA-T (Interim) — Option of Commercial Arterial (CA) I Cou • Advance to first and second reds • Due to moratorium • Desire to remove properties from moratorium when policy direction re and resolve • First step toward ending moratorium pted EA-T Police • Policy LU- 212.31 — EA-T to include activities compatib office, biotech, research, technology, r • Policy LU-212.56 — Development in EA-T to use site plan revie to evaluate mix and compatibility of uses • COR is best available implementing zone Recomn)e�dation • Amendment to allow big -box n COR-3 • Limit to east of Garden North and of NE 8th — Available infrastructure — Access from high volume transportation corridors — Need transition use between industrial to east and south and remaining EA-T 3 CITY OF RENTON MEMORANDUM DATE: February 10, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council FROM: Jesse Tanner, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • Renton's Web Team, which includes employees from each department or division, deserves tremendous credit for taking the time to add content and maintain our ever-growing web site. Their efforts continue to make our site very successful, as can be seen through the significant increases in our statistics. In 2002, the site registered 1,672,066 overall page views in comparison to 1,131,971 overall page views in 2001 (an increase of 47%). COMMUNITY SERVICES DEPARTMENT The Renton Municipal Arts Commission invites young musicians from King County to apply and audition for the 12th Annual Young Musicians Showcase. Applications can be obtained by calling the Community Services Department at 425430-6600, and are due on Friday, February 28". Applicants must be enrolled in a public or private school or college; perform either vocal or instrumental college level selections of any music genre; and have competition or.concert experience or be a qualifier for the Washington Music Educators' Association state contest. Auditions will be held in mid -March. The Community Services Department offers several special events for kids next week, while many kids are on mid -winter break from school. On Tuesday, February 180', the Community Center will host the Play it Safe Festival for kids under 12. On February 19`s, the Reptile Man will display his many friends at 11:00 a.m. at the Community Center. Also on the 19`h, the Kids Comedy ,Series at Carco Theatre will feature Tim Noah. For information about any of these events, call the Community Center at 425430-6700 or visit the City's website at www.ci.renton.wa.us • The Recreation Division received a $3,000 grant from the King County Performing Arts Network for the 2003 season performances at Carco Theater. • Six teams (57 athletes total) represented Renton at the King County Regional Special Olympics basketball tournament in Issaquah last weekend. Teams winning the gold metal will advance to the state tournament next month in Wenatchee. • Recreation Services will host the annual Renton Valley Hoop Shoot contest on February 10"' from 6:00-8:00 p.m. at the Renton Community Center. Each year over 100 boys and girls (14 years and under) compete in a free-throw shooting competition to see who will represent the Renton at the Valley Finals, hosted this year by Kent on Saturday, March 22"a Administrative Report February 10, 2003 Page 2 • Recreation Services has partnered with Skyhawks Sports Academy to introduce six new recreation programs for children 5 -11 years of age at three after -school sites this year. Over 113 children have registered, with openings for the second session still available. FINANCE AND INFORMATION SERVICES DEPARTMENT • Citizens will now be able to download and print a variety of static maps using the popular Adobe PDF format. The maps included are Annexation History, Aquifer Protection Zones, Arterial Classification, Capital Improvement Projects, Comprehensive Land Use, Legislative District, Parks, Schools and Trails, Transportation Improvement, Zoning - Color Version, Zoning - Text Version, Zoning - Overlay Districts, Coal Mines, Erosion Hazard, Flood Hazard, Greenbelts, Seismic Hazard, and Slide Hazard. Visit the City's website at www.ci.renton.wa.us to access these maps. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • The Washington State Department of Transportation has agreed to set up the SR-167 culvert -crossing project for either of two weekends in July (July 18-20 or July 25-27) and none in August, for the full weekend closure of SR-167. This is good news in that it will reduce the negative economic impacts of this weekend closure to IKEA who releases their sales catalog in late July/early August. The WSDOT representatives did mention that if inclement weather prevents either of these weekends to be used, they would have to meet with the City again to determine how to proceed with the closure. POLICE DEPARTMENT • During the week of February 11-17, the Police Department will be conducting traffic emphasis in the following areas: Date Area Emphasis Tuesday, February 11 2200 block, Talbot Road S S eed/schooI/radar trailer Wednesda , Februa 12 1100 block, Carr Road Seed Thursday, February 13 2200 block, Talbot Road S Speed/school/radar trailer Friday, February 14 3500-3800 block, Lk Wash Blvd I Seed . Monday, February 17 2200 block, Talbot Road S S eed/school CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie I. Walton SUBJECT: Appeal of Hearing Examiner's decision dated 01/13/2003 regarding modification of road standards for the Elle Rain Preliminary Plat, 3316 NE and 3420 NE 17`h Place (File No. LUA-02-047, PP, ECF, AAD) EXHIBITS: A. City Clerk's letter (1/31/2003) B. Appeal (01/27/2003) C. Hearing Examiner's Report (01/13/2003) D. Administrative Decision (8/8/2002) AI #: 7-10 FOR AGENDA OF: 2/10/2003 AGENDA STATUS: Consent......... XX Public Hearing.. Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Refer to Planning and Development Committee Finance Dept.... Other. 'ISCAL IMPACT: N/A Expenditure Required... Amount Budgeted........ ISUMMARY OF ACTION: Transfer/Amendment.. Revenue Generated... Appeal filed by Patricia Wilson, represented by Robert D. Johns and Duana T. Kolouskova, attorneys, accompanied by required $75 fee received 1/27/2003. CITI DF RENTON City Clerk J e Tanner, Mayor Bonnie I. Walton January 31, 2003 APPEAL FILED BY: Patricia Wilson, represented by Robert D. Johns and Duana Kolouskova of Johns Monroe Mitsunage.PLLC, Attorney at Law RE: Appeal of Hearing Examiner's decision dated 01/,13/2003 regarding modification of road standards for the Elie Rain Preliminary Plat application,'a proposed 1 Mot single-family subdivision on 1..46-acres located in the vicinity of 3316 and 3420 NE 17n''Place. (File No. LUA-02-047. PP, ECF,.AAD) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton. City Code of Ordinances, written appeal -of the hearing examiner's decision on road standard modifications for the Elle Rain Preliminary Plat has been filed with the City Clerk. In accordance -with Renton Municipal Code Sect10114-8=11017; within five days of receipt of the notice of appeal, the City Clerk shai notify all parties of record of the receipt of the: appeal. Other parties of record. may. submit letters in support of their positions within ten (10) days of the dates of mailing"of the notification of the'filing.of the: appeal. The deadline for. submission of _additional letters is February 10; 2003. NOTICE IS HEREBY GIVEN that the written appeals and other pertinent documents will be reviewed.by the 'Council's Planning-and:Development Committee. The Council secretary will notify_ all parties of record -of date and time of the Planning and Development Committee meeting. If you are notaisted inlocal telephone directories and wish to attend. the meeting, please call the Council -secretary at 425 430-6501 for information.:The recominendationof the Committee will,.be presented for consideration by the full Council at a subseque>it,Council meeting. - Attached is a copy: of the Renton. Municipal Code regarding appeals of Hearing Examiner: decisions or recommendations: Please note that the City Council will be.considering the . merits of the appeal based upon the wfitten`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 $xaminer, no further evidence or testimony on this matter will be accepted by the City Council._ For additional information or assistance; please feel free to call me at 425 430- 6502.' Sincerely, Bonnie'I. Walton City Clerk/Cable Manager Attachments cc: Council secretary 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6510 / FAX (425) 430-6516 R E N T 1V ' ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE If I City of Renton Municipal Code: Title IV Chapter 8 Section 110 - Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110E8 Unless a specific section or State Iaw providing for review of decision of the Examiner requires review . thereof by the Superior Court or other body; any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council upon a form furnished by the City Clerk, within. fourteen (14) calendar days from the date of the Examiner's. written report. (Ord, 3658, 9- 13-82, Aired. Ord. 4899, 3-192001) . . 4-8410F: -Appeals to City Council - Procedures: (See above for Time for Appeal) 1. Notice to, Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record, of the receipt of the appeal. 2. . Opportunity to Provide Comments.:. Other. parties of record may submit letters in supportof their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 3. Transmittal: of Record to' Council: Thereupon the Clerk shall forward to'the members of the City . :Council all of the.pertinent.documents, including the written decision or recommendation, findings and Conclusions contained in the Examiner's report, the notice of appeal, and. additional letters submitted by the.parties..(Ord. 3.658, 9-13 82) 4. Council Review Procedures: No public hearing shall be held by the City Council::None* or additional evidence or testimony shall be accepted by the City Councitunless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examinef. If the .Council determines that additional evidence is required; the Council shall remand the matter to the Examiner for. reconsideration and receipt of addc itional evidene. The cost of transcription of the hearing record shall be borne by the. appellant... In the absence of any entry upon the record of an order by the City Council.authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it.shall be presumed that no new or additional. evidence or testimony has been accepted by the City Council, and that the record . before the City Council is identical to the hearing. record before the Hearing Examiner. (Ord: 4389,.1- 25-93) 5: Council Evaluation Criteria: The consideration by the City Council.shallbe based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. ti. Findings and Conclusions Required:.If, upon appeal ofa decision of the Hearing Examiner on an application submitted pursuant -to Section RMC 4=1-OSOFI. and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the preceding to Examiner for reconsideration, or modify; or reverse the decision of the Examiner accordingly, 7. Council Action: If, upon appeal .from a recommendation of the Hearing' Examiner upon an application submitted pursuant to Section RMC 4-1-050F2 and F3, and afterexamination of the record, the Council determines that .a substantial error in fact or law exists in the record, or that a recommendation of the. Hearing Examiner should be disregarded or modified, the City Council,may remand the .proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 8. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Nearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord. 3658, 9-13-82) 9. Council Action Final: The action of the Council approving, min difying'or rejecting a :decision of the Examiner shall be final and conclusive, unless appealed within the time frames under, subsection G5 of this Section. (Ord. 4660, 3-17-1997) JAN-2?-2003 13:29 RENTON CITY CLERK OFC CITY OF TCPN 02/03 X. APPAL - HEARING EXAMINER BAN 2 7 003 E WRITTEN APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATI91,'nm�M— N CITY COUNCIL. FJKs OFFICE FILE NO. LUA 02-047 ECF APPLICATION NAME: Elle Rain The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of 20� the Land Use Hearing Examiner, date January 1 1. IDENTIFICATION OF PARTY APPELLANT: Name. Patricia Wilson Address: Contact thrcnigh ttnrnPy Telephone No. REPRESENTATIVE (IF ANY) Robert Johns/Duana Kolouskova. Address' 1500 114th Ave. S.E. Telephone No.(425) 467-9966 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number as denoted in the Examiner's report) No. Error: SEE ATTACHED Correction: CONCLUSIONS: No. Error: Correction: OTHER No. Error: Correction• 3. SUMMARY OF ACTION REQUESTED: The City Council is requested to grant the following relief (Attach explanation, if desired) X Reverse the decision or recommendation and grant the following relief: SEE ATTACHED Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other t/Representative Signatur Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Hunicipal Code, and Section 4-8-110F, for specific appeal procedures. heappeal.doc/forms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 BEFORE THE CITY COUNCIL OF THE CITY OF RENTON Patricia Wilson, Appellant, vs. Planning/Building/Public Works Department, Respondent. NO. E9600757 NOTICE OF APPEAL OF HEARING EXAMINER REPORT AND DECISION A. Decision Appealed. Hearing Examiner Report and Decision regarding Appeal of Administrative Determination for Elle Rain Preliminary Plat, January 13, 2003. B. Project Name/File Number. Elle Rain Preliminary Plat, LUA-02-047, ECF, PP, AAD C. Appellant's Contact Information. Appellant: Patricia Wilson Contact through attorney NOTICE OF APPEAL TO CITY COUNCIL PAGE 1 of 3 JOHNS MONROE MITSUNAGA PLLC ATTORNEYS AT LAW 1500 110 Ave. SE, Suite 102 Bellevue, Washington 98004 Tel: (425) 4512812 / Fax (425) 4512818 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appellant's Attorney: Robert D. Johns Duana Kolougkovd Johns Monroe Mitsunaga, PLLC 1500 114`h Avenue S.E., Suite 102 Bellevue, WA 98004 (425) 451-2818 D. Appellant's Legal Interest in the Property. Appellant is the property owner and applicant. E. Summary of Grounds for Appeal and Errors of Law and Fact. . 1. The Hearing Examiner erroneously found that the modification would not meet safety standards. Correction: The modification meets safety standards. 2. The Hearing Examiner erroneously relied on incorrect information regarding access: specifically the Hearing Examiner erroneously relied on incorrect or incomplete information regarding the street width and frontage improvements for Newport Avenue, N.E. 17a' Street and Monroe Avenue. Correction: The street width and frontage improvements after the construction of the Elle Rain plat would comply with City Code standards. 3. The Hearing Examiner erroneously found that the City only had granted one modification from the dual access requirement and the basis for that modification. Correction: Remove conclusion — planning department did not submit evidence to support conclusion. 4. The Hearing Examiner erroneously found that the City had turned down similar requests. Correction: Remove conclusion — planning department did not submit evidence to NOTICE OFAPPEAL TO CITY COUNCIL JOHNS MONROE MITSUNAGA PLLC PAGE 2 0 f 3 ATTORNEYS AT LAW 1500 110 Ave. SE, Suite 102 Bellevue, Washington 98004 Tel: (425) 4512812 / Fax (425) 4512818 1 2 3 4 5 6 7 8 9II 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support conclusion. 5. The Hearing Examiner erroneously found that the modification would result in injurious or adverse impact to adjacent properties. Correction: The modification would not result in injurious or adverse impact to adjacent properties. 6. The Hearing Examiner erroneously failed to determine that the applicant complied with RMC §4-6-060 due to the existing alternative access through the Housing Authority site. Correction: The proposal complies with RMC §4-6-060 because two means of access exist. 7. The Hearing Examiner erroneously found that the modification was not justified. Correction: The modification is justified under RMC §4-9-250. F. Relief Sought. We respectfully request the City Council to reverse the Hearing Examiner's Report and Decision and either determine the applicant has complied with RMC §4-6- 060 or grant the Modification. DATED this 4, -T day of u , 2003. allNS MONROE MITSUNAGA, PLLC 1810-1 Appeal to City Council 1-27-03 NOTICE OF APPEAL TO CITY COUNCIL PACE 3 of 3 r—�- a IV — By D. Johns, WSBA #7086 Duana T. Kolouskova, WSBA #27532 Attorneys for Appellant JOHNS MONROE MITSUNAGA PLLC ATTORNEYS AT LAW 1500 114`� Ave. SE, Suite 102 Bellevue, Washington 98004 Tel: (425) 4512812 / Fax (425) 4512818 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Duana Kolougkova Johns Monroe Mitsunaga PLLC 1500 114'h Avenue SE, Suite 102 Bellevue, WA 98004 Appeal of Administrative Determination re Elle Rain Preliminary Plat File No.: LUA-02-047,ECF,PP,AAD LOCATION: SUMMARY OF REQUEST: January 13, 2003 SUMMARY OF APPEAL: Appeal of Administrative Determination PUBLIC HEARING: After reviewing the Appellant's written request for a hearing and examining the available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the September 24, 2002 appeal hearing. The official record is recorded on tape. - The hearing opened on Tuesday, September 24, 2002, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall: Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the appeal, the Exhibit No. 2: Renton Housing Authority Map Examiner's letter setting the hearing date, a map, photographs, and other documentation pertinent to the appeal. Parties present: Appellant: Duana Kolouskova Johns Monroe Mitsunaga PLLC 1500 114`h Avenue SE, Suite 102 Bellevue, WA 98004 Representing applicant: Patricia Wilson Elle Rain Preliminary Plat Appeal File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 2 Representing City of Renton: Larry Warren, City Attorney Susan Fiala, Development Services 1055 S Grady Way Renton, WA 98055 Ms. Kolouskova opened with background information on the secondary access issue. The original request for modification was for either a modification from the standards or acknowledgement of the second road. The City in its denial completely ignored the second road so the applicant appealed the City's decision; therefore, the second road is still in play because it was part of the original request for modification. This is the way in which the applicant/appellant views the relationship of the secondary access to the modification proceeding. Ms. Fiala gave a brief overview of the preliminary plat. The applicant is requesting a preliminary plat approval for an 11-lot subdivision of a 1.77-acre site. To the south of the site is NE Sunset Boulevard, which is a major arterial. Access to the site is north on Newport Avenue NE where it meets NE 17`h Street going west then turns north onto Monroe Avenue NE to where it terminates at NE 170' Place, which is the southern boundary of the subject site. The subject site consists of two parcels. There is one existing parcel with a house, which is currently lot 2 of the Honey Creek Place subdivision. The other parcel is the larger portion of the site, which currently has a single-family home under construction. The Honey Creek Greenway is located to the north of the property. To the west is the Puget Sound Energy transmission easement and further to the west is the Renton Housing Authority site. To the east and the south are existing single-family homes. There are 11 lots proposed in the subdivision. The new street would be called Monroe Court NE, which would terminate in a cul=de-sac. The 11 lots would be comprised of the existing parcel. Lot 10 has a new home currently under construction and is accessed off a 20-foot access easement further to the east on NE 1701 Place. The new lot 11 is where there is an existing home proposed to be turned 90 degrees to fit the lot. The right-of- way for Monroe Court NE was originally submitted as a reduced right-of-way to 34 feet; however, staff did not support this. The applicant did go back and revise the plans to reflect a 42-foot right-of-way. In response to questioning from the Examiner, Ms. Fiala stated that the 700-foot measurement begins at NE Sunset Boulevard through the three residential streets up to the new subdivision proposal. Ms. Kolouskova stated that she represents the applicant/appellant in this matter. She added that her written submittals for the most part cover the appellant's position. She personally views the case in two parts. First of all, the question of the secondary access in existence was part of the original request. The fact that secondary access exists basically demonstrates that they have complied with the original requirements in Renton's Code. Under the provisions allowing for a modification under Renton Municipal Code the fact that the secondary access does exists along with all the other circumstances regarding the property provides for the opportunity for the City to properly grant the modification. It is the appellant's position that the denial of the modification was erroneous based on all of the evidence presented to the City and that the Hearing Examiner should reverse the Planning Department's decision to deny the application. She has provided a copy of the Renton Housing District map. On a partial view of the Renton Housing Authority's Short Plat Map she demonstrated that the City anticipated there to be an emergency access route through the Renton Housing Authority Development. There is an emergency access gate located at the property boundary that has been approved by the Fire District who does have the ability to go through that gate in the event of an emergency. The Housing Authority road exists and terminates connecting to NE 17`h Place, which continues, easterly and then connects also to the south to Monroe Elle Rain Preliminary Plat Appeai File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 3 Avenue. The area adjacent to the Renton Housing Authority on the northeast side of the Housing Authority is the location of the Elle Rain Plat. The secondary access actually meets up very closely with the extension of Monroe Avenue, which becomes the Elle Rain cul-de-sac, Monroe Court. The access is paved and does connect to NE 176'Place. The Fire District did perform a review when the City approved the Renton Housing Authority Short Plat several years ago. She has provided a selection out of the conditions of approval for that short plat. The conditions are attached to her pre -hearing brief and provide for a requirement that there be an emergency access road connecting to NE .17'h Place. Within the Hearing Examiner's conditions of approval within the short plat approval, the Hearing Examiner found that road may very well be opened in the future as a primary access road. Clearly there was consideration on behalf of the City that this road was intended for more then just a private emergency access only for the Housing Authority. She feels that the easement and what it covers is irrelevant. The fact is, there is a secondary access out there for emergency purposes that was originally required by the City. The Housing Authority has constructed the road; therefore, there are two points of access for the Elle Rain Plat, which is all that Renton Municipal Code requires. Thus, the applicant has met the requirements for dead end streets in excess of 700 feet. In regard to the modification portion of the request, it seems pretty self-evident considering everything presented so far. The fact that there is a secondary access, the location of the Elle Rain Plat is such that there is no other . way to get to the area aside from the two access routes in existence. This modification matches the intent and purpose of the Code and also that the Code itself if interpreted to provide something more then requiring two points of access is basically -impractical in this scenario. The City has been presented with a similar circumstance in the past with the DeBar Plat. She provided copies of the approval. of the .DeBar Plat as well as the Determination of Non -Significance — Mitigated (M-DNS) that demonstrates that the City in the past has. granted a modification based on very similar if not more constrained circumstances where there would be more health and safety concerns allowing development at the end of a 700-foot plus dead-end. The DeBar Plat approval was based on apparently a modification the City granted as discussed in the M-DNS and the Hearing Examiner's decision acknowledged that the plat did not have secondary access and that was allowed even though it stretched Renton Municipal Code, which requires a second means of access. In the DeBar example there was absolutely no means of secondary access. Comparing the DeBar Plat to the Elle Rain Plat, it seems clear that if a modification was appropriate in the DeBar Plat that it would certainly be appropriate in the Elle Rain Plat where in fact two means of access do exist. The houses are proposed to be sprinklered and there is no other way to approach the property. The effect of the denial of the modification is essentially a denial of the plat. The City's position in its denial of the modification is that it is all right to have only two residences on that property. First of all, the City did not seem to think it was all right to just have a couple residences on the DeBar Plat and therefore did allow the Code to be stretched and did provide a modification. In response to questioning from the Examiner, Ms. Kolouskova stated that the modification language itself is somewhat subjective. Does this modification comply with the intent and purpose of the Code and is the Code impractical? The obvious purpose of the modification provisions is to allow flexibility especially where it is warranted. In this case, the question is was a modification even needed because there are two means of access. Secondly, if the City reads into the Code that somehow there are more requirements then two means of access then the modification is appropriately granted because the whole point of the modification process is to allow development to move forward where it complies with the Code in an overall basis but there are glitches that somehow make the Code impractical. It baffles the applicant that the City would not want this development here. It complies with the Growth Management Act as well as mandates regarding infill development. It is in an urban area and is not providing an unreasonable density. Two lots in a 1.8-acre area would certainly not fulfill the density requirements in an urban area. In response to questioning from Mr. Warren, Kayren Kittrick, Development Services, 1055 S Grady Way, Renton, WA 98055 stated that she is familiar with the requested modification. She took the 700-foot Elle Rain Preliminary Plat Appeai File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 4 measurement off of drawings submitted with the plat and she has also visited the site. The distance is measured from Sunset Boulevard to the center of the cul-de-sac and is approximately 1,050 feet. This may not be a complete measurement because the measurement now goes to the back of the buildable.lot. She stated that she has been working in her position for 10 years and has seen about one official request for modification per year and two to three unofficial requests for modification per year. Of all these requests only one has been granted in the past 10 years, the DeBar Plat. All the others were required to comply with secondary access. There have been three pre -applications on this particular parcel. The length of the dead-end has been an issue in every case and the City's position has been that secondary access is required because it is over 700 feet. The streets widths leading up to the plat are 30 feet of pavement on Newport Avenue with no curb, gutter or sidewalks and unimproved shoulders. The transition from 17'b Street onto Monroe Avenue varied from 18 to 22 feet of paving with no curb, gutter or sidewalk and there is an abrupt turn at 17"' Street and Monroe Avenue. At the corner of Monroe Avenue and NE 17'h Place it goes up to 27 feet. In response to questioning from Ms. Kolougkova, Ms. Kittrick replied that the 700 feet is measured from the point where there is a single point of access. In this case the entire plat of Honey Creek Park is out of compliance in that it only has a single point of access. From Newport Avenue at Sunset Boulevard at the back of curb measuring down the centerlines of roadways down to NE 17d` Street, west to Monroe Avenue then north up to the proposed plat was over 700 feet. It was measured to the center point of the cul-de-sac .for convenience. Technically, it should be measured to the back of curb and to determine if sprinklering is necessary it is measured to the back of the building envelope. This is the way in which the City has measured in the past couple of years. Before this it was always easier for plan review to take it to the edge. of the pavement because that is where the fire truck would drive. In response to questioning from.the Examiner, Ms. Kittrick stated that the 700-foot mark is just south of NE 17'h Place on Monroe Avenue NE. In response to questioning from Mr. Warren, Larry Rude, Fire Marshall, Renton Fire Department, 1055 S Grady Way, Renton, WA 98055 reviewed his experience with the City of Renton Fire Department. He is familiar with this particular request for modification. The reason secondary access is required is due to public safety, not only for response time but also the ability to gain access in a time of emergency. In this area the widths of the streets pose a problem as well as the 15 percent gradient for entry into the plat. The fact that there is only one means of entrance is a safety issue as far as the Fire Department is concerned which is the reason the ordinance was written. The safety issue is the ability to access the property and do so in a reasonable amount of time. If a portion of the access were blocked they would not be able to access the property. He added that 700 feet is about the maximum length that they can supply water. Access is also a concern for EMT response. Standards require a response within so many minutes to a major medical emergency. If access is blocked they must be able to get to the emergency on foot in a timely manner. In regard to the DeBar Plat modification, Mr. Rude stated that he was familiar with the modification. He added that he did not support this modification. If he had to make the same decision today he would still not support the DeBar modification. He is familiar with the extra improvements required for that project but again would still not support it. In response to questioning from Ms. Kolougkova, Mr. Rude stated that he is familiar with the Renton Housing Authority property located west of NE 17'h Place. There is a road constructed at this location through a parking lot. There is a gate located at the property boundary. Mr. Warren described the area that is the Housing Authority property. Elle Rain Preliminary Plat Appeal File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 5 Ms. Kittrick, in regard to the turn around and access road through the Housing Authority property, stated that there is 20 feet of paving coming out to the east and there is a label that says "emergency access gate" that points to the property line right at NE 17'' Place. It is Housing Authority property but there is easement for the powerlines. Mr. Rude, in response to questioning from Ms. Kolougkova, stated that the Fire Department has the physical ability to get through the gate in the event of an emergency. He believes that on this particular gate there is a padlock and they would cut the padlock. The purpose for the gated road that runs across the Housing Authority property is for emergency access to the Housing Authority property. That property was required to have an emergency access when it was built due to the fact that it is over the 700 feet. He is unaware if the road is to serve only the Housing Authority Development. The emergency access road is paved up to NE 17d' Place. Mr. Warren pointed out that the City is not opposed to using the road as a secondary means of emergency access if the Housing Authority agrees to it. Ms. Kolougkova stated that she feels that this issue has already been resolved because the City required the Housing Authority to provide that as an emergency access easement in its conditions of plat approval originally so the City needs to enforce that condition. In the conditions of approval for the Housing Authority it simply states that there needs to be emergency access easement. The decision also goes on to state that road in the future could be converted to a primary access. The applicant has spoken to the Housing Authority and at this point they do not want to do anything, they have no incentive either way. However, it is their position that the planning department and the City has the obligation to enforce the short -plat and it's development conditions. If the wrong easement was recorded or if the easement was vague,.the City has an obligation to enforce it, there is no appeal issue of an older decision in that argument. Jeff Rieker, 3316 NE 17`h Place, Renton, WA 98056 in response to questioning from Ms. Kolougkova stated that he is a representative for the Elle Rain Plat and is familiar with the history and development of the plat. He has developed property in the past and has been doing this for the past 10 years. He is familiar with City and County Codes and various processes for development. He is not aware of any other access to the property other then through the Housing Authority and through the public streets described previously. In response to questioning from Mr. Warren, Mr. Rieker stated that he is aware that there have been previous applications for this site; however, the means of access for those applications was completely different. In closing, Mr. Warren stated that there has been some discussion regarding an easement that the City took. It is pretty clear that it was a utilities easement as indicated in Exhibit C of the appellant's brief. It is a utility easement that is limited to utility purposes only. It is an easement from the City to the City and there is a doctrine and merger of title that states that if you already own the title you cannot give yourself more then you already have. It is purely a utilities easement. Looking at the emergency access road for the Housing Authority property, the documentation does not require an easement. He does not believe that there is a requirement that an easement be provided to the City. The secondary means of access is across the property of the Housing Authority to serve the Housing Authority. If he is wrong and there is an easement in the documents somewhere, if the emergency access was granted and the easement was granted it is to serve the Housing Authority Complex only. It would be beyond the City's powers to require the Housing Authority to grant the right of crossing their property to benefit a third party. The City does not have that power. If the easement was granted and the City decided to interpret the document to allow access to a third party or so on, each time it puts a burden on the easement and that is in excess of the authority or right to grant access. In regard to the DeBar modification, it is factually distinguishable. Under Tab F in the appellant brief, in the Hearing Examiner decision on page 12 it Elle Rain Preliminary Plat Appeal File No.: LUA-02-047,ECF,PP,AAD January 13, 200 Page 6 discusses the reasons for the modification. One of those is, in lieu of having a separate entrance there were special requirements placed on the project such as upgrading the water line, increasing the widths of the existing roads so that they could be better served by emergency vehicles and the houses shall be sprinklered. Despite all of this the Fire Marshall still expresses great concern about the DeBar project. Looking back over the past 10 years, DeBar is the only modification of this type that has been granted out of 20 to 30 projects so the City has been uniform in denying these types of modifications. He would like to agree with the appellant about the right to cross the Bonneville Power Lines and the right to use the secondary means of access that is provided through the Housing Authority. Everyone would be better served if that could be the case, but the City is not in the position to either interpret the documents in. that fashion nor is the City in a position to compel the Housing Authority to grant a right that they do not apparently want to grant. It would not be just for the benefit of the Elle Rain plat it would be for the general fire safety of the area. In closing, Ms. Kolougkova stated that they agree and would like the plat to move forward and would request with respect to the issue of emergency access road she would again bring the Hearing Examiner's attention to the decision itself and the fact that the road is actually in place. The approved plat map for the Housing Authority labels it, "emergency access road." In the approval under a couple different sections, the decision states that there is a variance that was allowed from the requirement for primary access to Lot 2, which the City wanted to remain as a greenbelt. It then states that secondary/emergency access will be provided. Again within the decision there is no clarification as to who benefits from that secondary emergency access. It is out there, it is constructed and is usable by the City and she has no doubt that the City would use it regardless of construction of the Elle Rain Plat. If there were a fire at the end of NE 17`h Place the City would go that way if they could not get in via Sunset Boulevard. She does believe the City has the ability to use that secondary access. Secondly, with respect to the DeBar Plat, she does not feel that there are differences that make the DeBar Plat more likely to be approved for a modification of the standards. There is no secondary access there at all. The simple fact is that if the dead-end gets blocked and those houses burn under Elle Rain the Fire Department can get to the site under a secondary access. In regard to the conditions that Mr. Warren recited regarding the roads, the water line and sprinklering of the houses, the applicant would be happy to comply with any conditions that are along the same lines as the DeBar Plat. The applicant was never provided with an opportunity to state they would move forward with conditions of approval because the modification was simply outright denied. She does believe that the modification is entirely appropriate with the purpose and intent of the Code and what is physically constructed currently. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The appeal hearing closed at 10:23 a.m. APPEAL FINDINGS, CONCLUSION & DECISION Prior to publication of the decision the parties requested the Examiner refrain from issuing the decision as they attempted to resolve the issue themselves. On January 13, 2003, the Examiner was informed that the parties could not reach a decision and asked that the Examiner publish the decision. Findings: 1. The appellant, Attorney Duana T. Kolouskova, for Patricia Wilson, filed an appeal of denials of a modification that would have allowed a longer than permitted "dead-end" street or the creation of an emergency easement over third -party property. The appeal was filed in a timely manner. 2. The applicant owns approximately 77,537 square feet of property in the Highlands area of the City of Renton. The property is generally located north of NE 17t' Place and straddles what would be the northern extension of Monroe Avenue NE if Monroe Avenue were extended into the subject site Elle Rain Preliminary Plat Appeai File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 7 3. The applicant has submitted materials for Preliminary Plat review to divide the site into eleven (11) parcels. That pre -application review found that access to the site would be provided by only one means of access that exceeded the code limited length of 700 feet. (RMC 4-6.060(G)(2)). Code then requires a second means of access to provide access in the event one access is blocked. 4. The shortest, actually, only access via open public rights -of -way to the site is from Newport Avenue NE where it intersections Sunset Boulevard, then north on Newport Avenue to NE 170' Street, west on 17'b Street to Monroe Avenue NE, north on Monroe Avenue to NE 17'` Place to the frontage of the subject site. Staff calculated that distance to be approximately 1,050 feet. The roads are narrow and the route is described as circuitous. Newport Avenue is a 60-foot right-of-way but is only paved to 30 feet and has no curbs, gutters or sidewalks. NE 17`' Street is a 50-foot right-of-way but is only paved to between 18 feet and 22 feet. Monroe Avenue is another 50-foot right-of-way with approximately 20 to 22 feet of paving. NE 17`h Place, the subject site's frontage road is a 50-foot right-of-way paved to approximately 27 feet. The City introduced testimony that this site has been reviewed for development before and similar pre - application issues with the access limitation were raised with previous applicants. The City contends it has maintained a consistent opinion on this matter for this site. 6. The City noted that it has only granted one modification from the dual or two access limitation and while it was granted it was strenuously objected to by the Fire Department. In that case, the City noted that streets were improved, as was the waterline. They have turned down formally or informally similar requests many times, getting two to three such requests per year over the last, approximately 10 years. There was testimony from the Fire Department that the proposed access is inadequate and unsafe. The 700-foot limit is due to the distance that water or hoses would have to be run to the street if a blockage occurred and also how far emergency medical technicians would have to walk or carry a person in need of aid. The grade of the access road was also noted as a factor in the decision. 7. The applicant alternatively argues that: a. Either a straight modification should have been approved due to the practical issues involves in accessing the subject site; or b. that as a factual matter a second means of access exists over the third -party Renton Housing. Authority property. 8. The applicant notes that there is no way given the subject site's distance from a roadway system that it provides two means of access under the 700 foot limitation imposed by Code. There are both topographical as well as location issues that make developing or providing a second access to the subject site difficult if not impossible save for the access to the Renton Housing Authority site. 9. The appellant argues that the last point, access through the Renton Housing Authority property, cannot be ignored. The appellant contends that a route through the Housing Authority propertygrovides a real means of approaching the subject site from the west, in that an access easement intersects 17 Place just southwest of the subject site. The appellant notes that a roadway runs east from the loop interior driveway of the Renton Housing Authority's complex and connects to the public street system very close to the subject site's southwestern corner. The appellant produced information, which shows an easement of some kind that serves the Housing Authority as an emergency access and that serves as access to some utility or utilities. This "roadway" runs across a powerline easement and under the large transmission lines. Elle Rain Preliminary Plat Appea► File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 8 10. The City responded that the property is controlled or owned by a separate entity, the Housing Authority, and that the City has no control over it and cannot assure that other persons can use what amounts to private property. The City has no ability to force the Housing Authority to allow other parties to use it. 11. The modification was denied by Neil Watts, Director of Development Services in a letter dated August 8, 2002. That letter contains the following language: "Meets objectives and safety, function: The proposed modification would not meet the safety standards intended by the original requirement. It would add further distance in a neighborhood with substandard pavement width, no sidewalks, curbs or gutters. This difficulty is complicated further by the multiple turns required to access the site and the proposed 15 percent grade for the new road into the site. Unlike other projects where similar modifications have been approved, there is no substantial road widening, pedestrian safety or other acceptable improvements that might mitigate these difficulties. Not injurious or adversely impact adjacent properties: Criteria (b) and (e) are not met, as there will be additional traffic on an existing substandard dead end system. The existing neighborhood was constructed prior to the current code being adopted, so at least 17 of the existing homesites are beyond the 700-foot distance usually required to have secondary access. Conforms to the intent of the code: The intent of the Code is to provide a safety margin for . emergency access and response time. Adding distance when the network does not currently meet Code requirements does not meet the intent of providing for the life and safety issues for the proposed plat. Justified and required for use and situation intended: Where the modification may be required to develop this property beyond the existing lot structure to allow 10 additional single family lots, it cannot be justified on the ground submitted with the request. The property may still be developed with one single family home per underlying lot, if fire service, utility and access needs are met. So a reasonable use exists for the property. The existing conditions within the neighborhood served by the substandard system preclude additional lots being added to a system designed and built to serve the existing number of lots. The Street Modification fails to meet any of the criteria for approval. Therefore, the modification request must be denied." 12. The criteria for granting a modification is contained at: Modification 4-9-250 (D) 2. Decision Criteria: Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and Elle Rain Preliminary Plat Appeai File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 9 b. Will not be injurious to other property(s) in the vicinity; and C. Conform to the intent and purpose of the Code; and d. Can be shown to be justified and required for the use and situation intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. (Ord. 4517, 5-8-1995) Conclusions: 1. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4-8- 110(E)(7)(b). The appellant has failed to demonstrate that the action of the City should be modified or reversed. The decision is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472, 478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969). 4. This office first must dispense with the issue of the easement the appellant claims can provide their second means of access. This office has no jurisdiction to decide the property rights and interests in an easement of a third party, in this case the Renton Housing Authority, when, if for no other reason, that party is not involved in the underlying application. The nature and rights in the easement would be for a court to determine. In addition, even assuming there is an easement for access from NE 17`h Place to the developed portion of the Housing Authority property, the easement if it exists for access only appears to run in the vicinity of the powerline corridor to the end of the access driveway. It does not appear to run through the entire Housing Authority complex. So even if this office had a right to interpret the easement, that. easement does not run beyond its boundaries. This office cannot decide that an easement runs across the entire Housing Authority property, across or over its access road and west all the way to Kirkland Avenue NE. 5. This office has no ability to give the appellant rights over the Housing Authority's property. This office cannot proclaim that the appellant has any legal rights to use it or describe it as an access for the appellant's property. 6. The appellant has failed to demonstrate that the City made an error in denying the street length modification. The decision denying the modification cited public safety in denying the modification. The denial noted that the route would be in excess of 1,000 feet in length. The denial indicated access would be circuitous. The denial shows it would be over narrow, substandard streets. Those three factors when coupled together could unquestionably jeopardize both life and property by slowing access of emergency vehicles and personnel. 7. The appellant argued that the City approved a modification for a similar longer than permitted singular access. The City noted the circumstances were different and this office does not have sufficient Elle Rain Preliminary Plat Appeal File No.: LUA-02-047,ECF,PP,AAD January 13, 2063 Page 10 information to know why that modification was granted and how the circumstances varied from this one. Additionally, two reasons do not support an analogy to that situation. First, the criteria are not those of a variance, that is, demonstrating that a similar exception was approved does not provide a basis for, or precedent to approve the_appellanfs request. Second, if that modification had been granted in error, the City should not be required to further jeopardize life or property by granting another modification to the appellant. 8. Besides jeopardizing the life and property of the potential new residents, the City noted that others already located in this area would be potentially harmed. There would be more traffic on this already narrow, long and roundabout street system if the eleven -lot plat were approved. There is no other outlet for the additional traffic. All of the existing homes and the new homes would all be competing for the limited. access to and from this community. 9. The reviewing body should not substitute its judgment for that of the original body with expertise in the matter, unless the reviewing body has the firm conviction that a mistake has been made. The appellant has not clearly shown a mistake was made. Erring on the side of caution when life safety is an issue is not unreasonable. 10. The appealing party has the burden of demonstrating clear error. Since the burden of demonstrating error is on the appellant, this office can reach no other conclusion but that the Director made the correct determination. The decision below must be affirmed. Decision: The appeal is denied. ORDERED THIS 13'h day of January, 2003. FRED J. KA HEARING EXXMINER TRANSMITTED THIS 13'h day of January, 2003 to the parties of record: Susan Fiala Duana Kolouskova Jeffrey Rieker 1055 S Grady Way Johns Monroe Mitsunaga PLLC 3316 NE 17`h Place Renton, WA 98055 1500 114a' Avenue SE, Suite 102 Renton, WA 98056 Bellevue, WA 98004 Larry Warren Gale E. Zable Raymond L. Grover 1055 S Grady Way 1701 Monroe Avenue NE 3308 NE 17'b Place Renton, WA 98055 Renton, WA 98056 Renton, WA 98056 Elle Rain Preliminary Plat Appeal File No.: LUA-02-047,ECF,PP,AAD January 13, 2003 Page 11 Kayren Kittrick 1055 S Grady Way Renton, WA 98055 Larry Rude 1055 S Grady Way Renton, WA 98055 Cheri Betancourt Elaine Barden 3424 NE 176' Place Renton, WA 98056 TRANSMITTED THIS 13`h day of January, 2003 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Transportation Systems Division Utilities System Division Econ. Dev. Administrator South County Journal Steve Huzzy 3404 NE 17a' Place Renton, WA 98056 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Lawrence J. Warren, City Attorney Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Alex Pietsch, Economic Development Director Larry Meckling, Building Official Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., January 27, 2003. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processinp, of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use .decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits. all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY ' O►F RENTON Planninouilding/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator August 8, 2002 Robert D. Johns Johns Monroe Mitsunaga 1500 - 114`h Avenue SE, Suite 102 Bellevue, WA 98004 Subject: ELLE RAIN PRELIMINARY PLAT Dear Mr. Johns: We have reviewed the proposed street modification request associated with the proposed 1 Mot single family residential plat located generally at the intersection of Monroe Avenue NE and NE 170' Place. This is an infill development in an existing neighborhood with only one access from Sunset Boulevard NE. The existing streets have narrow pavement widths with no pedestrian improvements. The proposed modification requests waiver of City Code 4-6-06OG requiring secondary access be provided for any subdivision with a dead end street_ longer than 700 feet in length. The Street Modification request is denied. City Code (RMC 4-6-060G) defines the minimum standards for new development, including' requiring secondary access for a dead end street longer than 700 feet in length. Access. to the site as measured from Sunset Blvd. NE to the center of the proposed cul-de-sac is over 1000 feet with only one means of access provided for the proposed. plat. The City can modify street improvements for new plats if there are practical difficulties in carrying out the provisions of the Street Improvement Ordinance. The Modification Procedures, as defined in Section 4-9-250D, clearly states the criteria for approval by the Department Administrator. In order for a modification to be approved, the Department Administrator must "find that a special individual reason makes the strict letter of this Ordinance impractical, that the modification is in conformity with the intent and purpose of this Ordinance, and that such modification: (a) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by this Ordinance, based upon sound engineering judgement; and (b) Will not be injurious to other property(s) in the vicinity; and (c) Conform to the intent and purpose of the Code; and (d) Can be shown to be justified and required for the use and situation intended; and (e) Will not create adverse impacts to other property(ies) in the vicinity." Meets objectives and safety, function: The proposed modification would not meet the safety standards intended by the original requirement. It would add further distance in a neighborhood 1055 South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material, 30% post consumer RENTON AHEAD OF THE CURVE with substandard pavement width, no sidewalks, curbs or gutters. This difficulty is complicated further bythe multiple turns required to access the site and the proposed 15% grade for the new road into the site. Unlike other projects where similar modifications have been approved, there is no substantial road widening, pedestrian safety or other acceptable improvements that might mitigate these difficulties. Not injurious or adversely impact adjacent properties: Criteria (b) and (e) are not met, as there will be additional traffic on an existing substandard dead end system. The existing neighborhood was constructed prior to the current code being adopted, so at leash 17 of the existing homesites are beyond the 700-foot distance usually required to have secondary access. Conforms to the intent of the code: The intent of the code is to provide a safety margin for emergency access and response time. Adding distance when the network does not currently meet code requirements does not meet the intent of providing for the life and safety issues for the proposed plat. Justified and required for use and situation ifttended: Whero ie modification may be required to develop this property beyond the existing lot structure to al1,ovP1,Q additional single family.lots, it cannot be justified on the_. grounds su mitrM' with the re c resf �' The property may still be developed with one single family home per underlying lot; if fqp., erV64'ce, utility and access needs are met. So a reasonable use exists for. ;the .property. '� he. ,eNJsV conditions within the neighborhood served by the substandard syste preclude additional lots being added to a system designed and built to serve the existing r}timb' of lots. r' The Street Modification fails to meet anf of :the criteria for approval. Therefore, the modification request must. be denied. This decision to deny the proposed Street Modification. is .subject tc- a fourteen (14) day appeal period from the date of this letter. ,Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner :by 5,OQ;.m:, August 23,;r2002. 4 Appeals must be filed in writing, together with 'the required $75.00 application fee, with: Hearing Examiner, City of Renton, 1055 South Grady.Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office at (425)430-6510. If you have any questions, please contact Ameta Henninger at (425)430-7298. Sincerely, Neil Watts, Director Development Services Division cc: Land Use File Ameta Henninger Kayren Kittrick Susan Fiala Larry Rude CITY OF RENTON COUNCIL AGENDA BILL AI #: •C Ind FOR AGENDA OF Dept/Div/Board.. City Clerk Staff Contact... Bonnie Walton AGENDA STATUS: Consent......... X SUBJECT: Public Hearing.. Bid opening on 2/3/2003 for CAG-03-002, Correspondence.. Liberty Park Skate Park Revisions Ordinance....... Resolution...... Old Business.... EXHIBITS: New Business.... Staff Recommendation Study Session... Bid Tabulation Sheet (six bids) Other........... •'VA 'VA1110 N• •••• 011 V10 FISCAL IMPACT: Expenditure Required... $65,089.60 Transfer/Amendment.. Amount Budgeted........ $84,100.00 Revenue Generated... SUMMARY OF ACTION: Project Estimate: $70,340.22 RECOMMENDED ACTION: In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by T.F. Sahli Construction in the amount of $65,089.60 (including alternates #1 and #2). Note: The difference between the budgeted amount and the expenditure required will be used for benches and other site amenities. CITY OF RFi TON TO: MEMORANDUM 6 ..0 CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 City Council VIA: Bonnie Walton, City Clerk 6 FROM: Leslie Betlach, Parks Director STAFF CONTACT: Bill Rasmussen, CIP Coordinator SUBJECT: Liberty Park Skate Park Revisions project, CAG-03-002 DATE: February 5, 2003 I" I* 13 Q 5 1201103 RECEIVED CITY CLERK'S OMCE This project is to construct additions and landscape restoration work at the existing Skate Park at Liberty Park. This is the third time that the project has been publicly advertised for bid. One bid was submitted the first time and was over budget; two bids were submitted the second time and both bids were over budget. The project was publicly advertised for the third time in the Daily Journal of Commerce on January 21 and 28, 2003. Six formal bids were received. The low responsive bidder was T.F. Sahli Construction of Seahurst, Washington, in the amount of $65,089.60 including tax. References were contacted and all said the work performed by the contractor was excellent. The responsive bids, including Additive Alternates, ranged from the lowest bid of $65,089.60 to the highest bid of $74,953.20. All bids were within the engineer's estimate of $70,340.22. A lower bid from another company was submitted, but the bid did not include a figure for alternate #2. Per the City Attorney, this bid is considered non- responsive. The funding source for this project will come from the Capital Improvement Project fund (316.000000.020.5940.0076.63.020049). The budgeted amount for this project is $84,100. The Community Services Department requests that the Council concur in the recommendation that the base bid, alternate bid #1, and alternate bid #2 for the Liberty Park Skate Park Revisions project be awarded to T.F. Sahli Construction in the amount of $65,089.60. If you have any question please feel free to call Leslie Betlach at 430-6619. 2003-022aa CITY OF RENTON BID TABULATION SHEET ROJECT: Liberty Park Skate Park Revisions; CAG-03-002 DATE: February 3, 2003 BIDDER A-1 Landscaping and Const., Inc. 20607 SR 9 SE Snohomish, WA 98296 Asif Iqbal Bayside Const., Inc. PMB 327 1000 Towncenter, Ste. 150 Tacoma, WA 98422 Jeff L. McClung Gary Merlino Const. Co., Inc. 9125 10th Ave. S. Seattle, WA 98108 Brian J. Kittleson Precision Earthworks, Inc. 14231 Lake Road, Suite 300 ,ynnwood, WA 98037 Julie Schauss R.L. Alia Company 9215 M.L. King Jr. Way S. Seattle, WA 98118 Richard L. Alia T.F. Sahli Construction PO Box 332 Seahurst, WA 98062-0332 Tom Sahli FORMS Statement of Bidder's Triple O_ualitications Form X X X X X X X X X X X ENGINEER'S ESTIMATE LEGEND: 'riple Fornr: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage X BID Includes 8.8% Sales Tax endum X Base Bid: $43,287.17 Additive Alt. #1: $13,600.00 Additive Alt. #2: $0.00 Base Bid: $53,312.00 X Additive Alt. #1: $7,493.06 Additive Alt. #2: $6,528.00 X Base Bid: $60,057.60 Additive Alt. #1: $11,097.60 Additive Alt. #2: $3,808.00 X Base Bid: $47,655.00 Additive Alt. #1: $10,200.00 Additive Alt. #2: $8,215.00 X Base Bid: $53,856.00 Additive Alt. #1: $12,512.00 Additive Alt. #2: $3,264.00 X Base Bid: $54,400.00 Additive Alt. #1: $8,078.40 Additive Alt. #2: $2,611.20 TOTAL: Base Bid: $54,571.00 Additive Alt. #1: $10,400.00 Additive Alt. #2: $5,400.00 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Community Services For Agenda of: Dept/Div/Board.. Parks February 10, 2003 Agenda Status Staff contact...... Leslie Betlach, Park Director Consent .............. X Public Hearing.. Subject: Amendment to Contract Maintenance Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Exhibits: 1. Amendment Study Sessions...... Information......... 2. CAG-01-042 3. RFP Section 9: Site Locations and Irrigation Recommended Action: � r. Legal '�D Approvals:Dept ee COUIl OriCUDept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $104,525.00 Transfer/Amendment....... N/A Amount Budgeted.......... $105,000.00 Revenue Generated......... N/A Total Project Budget $104,525.00 City Share Total Project.. N/A [MARY OF ACTION: To extend the existing contract with Facility Maintenance Contractors for 2003. Contract provides for landscape maintenance of 22 locations including rights -of -way, a firestation, libraries, trails and at Freeway Park. STAFF RECOMMENDATION: Staff recommends approving the amendment to FMC's contract to maintain areas identified in the Maintenance for Services Agreement. This amendment will extend through December, 31, 2003.. Powerbook:Users:terrence:Renton:tjfdocs:Contracts:2003:FMC:03FMCAGENDA BILL.doc (Word98)/ CITY OF RENTON Community Services Department a Q Committed to Enriching Lives Q MEMORANDUM DATE: February 3, 2003 TO: Kathy Keolker-Wheeler, Council President and City Councilmembers VIA: Mayor Jesse Tanner FROM:Jim Shepherd, Community Services Adminisrato STAFF CONTACT: Leslie Betlach, Parks Director SUBJECT: Contract Amendment, Landscape Maintenance ISSUE: Amend the 2001 Agreement with Facility Maintenance Contractors (FMC) to extend the agreement through December 31, 2003 for a total of $104,521.94. This proposed amendment is again a decrease from the 2001 amount of $112,901.79; this total includes taxes. RECOMMENDATION: Staff recommends approval of the amendment to FMC's Agreement to maintain areas identified in the 2001 Agreement. Maintenance of Veteran's Memorial Park, Traffic Circles and contracted irrigation systems will become the responsibility of the Park Division beginning in 2003. Areas added to the contract include the Renton Public Library and the Highlands Public Library Natural Area. This amendment will extend the Agreement through December 31, 2003. The Agreement for Services, Article 4, provides extensions for additional periods of time upon mutual agreement of the City and the Contractor. BACKGROUND SUMMARY: FMC was awarded the contract to maintain various City grounds through the Request for Proposal process on March 13, 2001, using the Agreement for Services, CAG 01-042. The 2001 Agreement was extended into 2002 by amendment approved by Council on May 20, 2002. FMC has agreed to provide like services below the 2001 contract amount. This includes twenty-two locations such as rights -of -way, park areas, trails, and one fire station. Veteran's Memorial Park will be maintained by Parks Staff beginning in 2003. Traffic Circles, located in north Renton, will be maintained by volunteers during 2003. Areas added to this amendment are the Renton Public Library and the Highlands Public Library Natural Area. Maintenance of all the irrigation systems will become the responsibility of the Park Division in 2003. CONCLUSION: This amendment will allow the City to extend the 2001 Agreement for Services with FMC at below the 2001 rate. The FMC Agreement provides support for primarily right-of-way areas which allows City crews more efficient use of time to maintain the park system and focus on the downtown core area. Powerbook:Users:terrence: Renton: tjfdocs:Contracts:2003: FMC: 03FMCContractlssue.doc AMENDMENT TO THE LANDSCAPING MAINTENANCE SERVICES AGREEMENT BETWEEN FACILITY MAINTENANCE CONTRACTORS AND THE CITY OF RENTON, WASHINGTON nis amendment is entered into between the City of Renton (City) and Facility Maintenance Contractors (FMC) and amends and attaches to and is part of the existing Agreement entered into previously between the parties on March 13, 2001. (Reference: CAG # 01 — 042). The parties agree to the following amendments: Amendment 1: Article 4, Term of Contract: The Term of this Agreement shall be extended for the period beginning from January 1, 2003 and continuing through December 31, 2003. Amendment 2: Article 5, Contract Sum: The Contract Sum shall be, as amended, to an amount not to exceed $104,521.94, including sales tax. Amendment 3: Article 17, Exhibits to Agreement, Section 9, Scope of Work for Landscape Maintenance Services: (A) Service Locations and Section 9(G) Irrigation: Eliminate two areas from original landscape maintenance — Veteran's Memorial Park and Traffic Circles. Add the Renton Public Library and the Highlands Public Library Eliminate one job task for all locations — Irrigation Maintenance (Activate, Winterize, Monitor/Adjust). In all other respects, the Scope of Services, Changes in Scope of Services, Time of Performance, Method of Payment, `revailing Wages, Warranty, Independent Contractor, Discrimination Prohibited, Assignment and Subcontract, Record _eeping and Reporting, Hold Harmless, Termination, Renton Business License, Insurance, Exhibits to Agreements and of both parties shall remain the same as agreed to in the Landscaping Maintenance Service Agreement. This Agreement is entered into as of the day and year written below. CONTRACTOR CITY OF RENTON Signature Signature Date Date Printed Name and Title Printed Name and Title Business Name Attest Mailing Address Printed Name and Title City State Zip n CAG-01-042 Adderi,#1-02 AMENDMENT TO THE LANDSCAPING MAINTENANCE SERVICES AGREEMENT BETWEEN FACILITY MAINTENANCE CONTRACTORS AND THE CITY OF RENTON, WASHINGTON This amendment is entered into between the City of Renton (City) and Facility Maintenance Contractors (FMC) and amends and attaches to and is part of the existing Agreement entered into previously between the parties on March 13, 2001. (Reference: CAG # 0 1 — 042). The parties agree to the following amendments: Amendment 1: Article 4, Term of Contract: The Term of this Agreement shall be extended for the period beginning from January 1, 2002 and continuing through December 31, 2002. Amendment 2: Article 5, Contract Sum: The Contract Sum shall be, as amended, to an amount not to exceed $103,770.03. In all other respects, the Scope of Services, Changes in Scope of Services, Time of Performance, Method of Payment, Prevailing Wages, Warranty, Independent Contractor, Discrimination Prohibited, Assignment and ,ubcontract, Record Keeping and Reporting, Hold Harmless, Termination, Renton Business License, Insurance, hibits to Agreements and of both parties shall remain the same as agreed to in the Landscaping Maintenance bervice Agreement. This Agreement is entered into as of the day and year written below. vate John Higgen - Division Manager Printed Name and Title Facility Maintenance Contractors Business Name 1018 W. James Street Mailing Address Kant WA 98032 City State Zip CITY OF RENTON A01041" Signature Date .Jesse Tanner, Mayor Printed Name and Title Attest Bonnie I. Walton, City Clerk Printed Name and Title CAG-01-042 SECTION 8 - CONTRACT AGREEMENT ti`tY O CITY OF RENTON COMMUNITY SERVICES DEPARTMENT AGREEMENT FOR SERVICES CAG # THIS AGREEMENT is made as of the 13th day of March 2001, between the CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and FACILITY MAINTENANCE CONTRACTORS herein after referred to as "CONTRACTOR", to provide Landscaping Maintenance Services for Right -of Way Landscaping, Parks, Trails, Traffic Circles and Fire Station #14, located in Renton, Washington. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all required landscape services described in the Scope of Work which is included with this Agreement in Section 9. The Contractor will also provide in writing to the City a work schedule for date and time the scheduled work will be accomplished. Any chariges to this schedule will be in writing to the City prior to the work being started. 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order or Discretionary Work Request Form signed by the City and the Contractor. 3. Time of Performance. The Contractor shall perform the Services in accordance with the times and schedules reflected in Section 9 beginning on page 21 of this request for proposals. 4. Term of Contract. The Term of this Agreement shall be for the period from February 16, 2001 and continuing through December 31, 2001. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and the Contractor. 5. Contract Sum. In consideration of the Contractor performing the specified Services, through December 31, 2001, the City agrees to pay the Contractor an amount not to exceed $ 103, 770. 03 . In the event the city desires additional Services other than those described in the Scope of Work, the Contractor agrees to perform such Services according to the attached Rate Schedule, Attachment "8-E" (page 20) or for an amount negotiated by the Parties, whichever is less. CONTRACT LANDSCAPE MAINTENANCE 13 Right -of -Way Landscaping, Parks, Trails, Traffic Circles & Fire St #14 hParks MainVW1 Landscape ContractM1 Landscape Contract 1-9-01.doc (mb) 6. Method of Payment. Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Prevailing Wages. Prevailing wages, in accordance with RCW 39.12 , applies to this contract. The Contractor shall pay no less than the prevailing wage rate to all employees. The Contractor shall submit a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of wages Paid" in compliance with RCW 39.12.040. 8. Warranty. The contractor warrants for itself and all of its employees that they have the requisite training , skill and experience necessary to provide the Services specified in the Scope of Work and are appropriately accredited and licensed by all applicable agencies and governmental entities. 9. Independent Contractor. The Contractor and City agree that the Contractor is an independent contractor with respect to the services provided under this Agreement. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The Contractor shall be responsible for paying all applicable taxes including income and business taxes. 10. Discrimination Prohibited. The Contractor shall comply with the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. The Contractor shall complete the "Affidavit of Compliance" included in this Agreement as Attachment "8-A" on page 16. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of this Contract without express written consent of the City of Renton. 12. Record Keeping and Reporting. The Contractor shall maintain accounts and records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Contractor agrees to provide access to any records required by the City. 13. Hold Harmless. The Contractor 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 to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. The Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW, which waiver has been mutually negotiated. 14. Termination. Prior to the expiration of the Term, this Agreement may be terminated with cause by either party, subject to a 30-day written notice of termination. The termination notice must specify the grievance and cause for termination, which must relate directly to a failure to meet specific contract provisions. The notice shall allow the other party a minimum of seven (7) days to remedy the grievance. Failure to remedy the grievance will be sufficient grounds for termination. 15. Renton Business License. Prior to signing a contract, the Contractor agrees to purchase a City of Renton Business License and maintain the license in full force and effect throughout the work of the project. License may be purchased from the Finance Department located in the City of Renton Municipal Building,1055 South Grady Way (first floor) Renton, WA. 14 CONTRACT LANDSCAPE MAINTENANCE Right -of -Way Landscaping, Parks, Trams, Traffic Circles & Fire St #14 hParks MainA2001 Landscape ContracM1 Landscape Contract 1-9-01.doc (mb) 16. Insurance. The Contractor shall secure and maintain in force throughout the duration of this contract Commercial General Liability insurance written as an occurrence basis with limits no less than $1,000,000 per occurrence for personal injury and property damage; and/or other insurance to indemnify for the activities and services of this Agreement. The City shall be named as an additional insured on the Commercial General Liability insurance policy with respect to work performed by or on behalf of the Vendor. The Contractor shall include a provision prohibiting cancellation of said policy except upon forty five (45) days prior written notice to the City. The City reserves the right to receive a certified copy of all required insurance policies. A Certificate of Insurance evidencing the contractor's insurance coverage shall be delivered to the City before executing this Agreement and included with this Agreement as Attachment "8-D". A completed copy of the City of Renton Insurance Information Form shall be included with this Agreement as Attachment "8-B" (see page 17). A completed copy of the City of Renton Insurance Endorsement Form shall be included with this Agreement as Attachment "8-C" (see page 18). 17. Exhibits to Agreement. The following exhibits are attached to this contract and incorporated herein by this reference : Contractor's Proposal and all exhibits thereto. (All attachments referenced herein are attachments to the proposal.) Attachment 8-A: Affidavit of Compliance Attachment 8-B : City of Renton Insurance Information Form Attachment 8-C : City of Renton Insurance Endorsement Form Attachment 8-D : Contractor's Certificate of Insurance Attachment 8-E : Contractor's Schedule of Monthly Expenses Section 9 : Scope of Work for Landscape Maintenance Services This Agreement is entered into as of the day and year written above. CONTRACTOR Signature ,GEN, DIVISION Printed Name and Title FACILITY MAINTENANCE CONTRACTORS Business Name 1018 WEST JAMES STREET Mailing Address KENT, WASHINGTON 98032 City State Zip CITY OF RENTON Signature Jesse Tanner a or Pri ted ame and Title _ r Attest Marilyn J. Petersen, City Clerk Printed Name and Title CONTRACT LANDSCAPE MAINTENANCE Right -of -Way Landscaping, Parks, Trails, Traffic Circles & Fire St #14 1:1Parks Maint12001 Landscape ContracA2001 Landscape Agreement (P. 1 3-15).doc (mb) 15 SECTION 9 - SCOPE OF WORK for LANDSCAPE MAINTENANCE SERVICES The number in the maintenance schedule is a minimum, HOWEVER, some areas may need to be done more frequently to assure that the task is maintained to city's standards. In these situations a Discretionary Work Forte will be used. A. Service Locations North) Right -of Way Landscaping a. Park Avenue North, from North 1 st Street to the end of the landscaped median of North 8th Street b. North 3rd Street, from Burnett Avenue North to Factory Avenue North C. Houser Way By Pass (West of Dan's Quick Stop Grocery, 430 Sunset Blvd. d. Sunset Blvd. & NE 3rd Street e. Cedar Street (from South 4'h Street to Mill Avenue South) f. WSDOT at Cedar River Park (along freeway off ramp from Maple Valley Highway to park access road) g. Oaksdale Ave. SW Black River (from trailhead to Monster Road - east side and center median only) h. Renton Airport Berm, North Airport Way & Lake Street South (from Lake Ave South to Shattuck Ave South) i. Sunset Restaurant Frontage (Sunset Blvd. NE & NE Park Drive) j. City Shops, Monroe Avenue NE & NE 2"d Street k. Maple Valley Berm, 140`h Place SE to Orcas Ave SE (149h Ave SE) 1. Sunset Blvd., from Harrington Ave NE to NE 12"` Street M. Harrington Circle Corner, Harrington Ave NE & NE 5" Street n. Waltner Triangle, N Yd Street & Houser Way N 2. Parks a. Freeway Park, at the intersection of South 3rd Street and Mill Avenue South b. Talbot Hill Reservoir, Talbot Road South & South 19`h C. Lake Street Park, 1511 Lake Street d. Veterans Memorial Park, South 3rd Street & Main Ave South 3. Trails a. Springbrook Trail, from trailhead to SW 27`h, SW 30", to SW 43`d b. Ripley Lane Trail, from trailhead to City of Renton city limit sign 4. Traffic Circles a. Meadow Avenue North and North 2nd Street b. Pelly Avenue North & North 5th Street C. Wells Avenue North & North 5th Street d. Williams Avenue North & North 5th Street Fire Station #14 1900 Lind Avenue SW Renton, WA 98055 In accordance with Attachment A (Maintenance Schedules) for Site 1 through Site 22 attached hereto and incorporated herein by this reference "Services". The Contractor, at its sole cost and expense, shall supply all labor, tools, specialized equipment, material and supplies, supervision and transportation to perform the services. B. Time Performance The Contractor shall follow a weekly work schedule as set forth in an annual maintenance schedule, 22 CONTRACT LANDSCAPE MAINTENANCE Right -of -Way Landscaping, Parks, Trails, Traffic Circles & Fire St #14 Powerbook:Users:terrence:Renton:tjfdocs:PM Operations we.........n�.....n.._i,,..�_..............c..�.,, a..i,.,..�nni i .... a.,.,...,,. ....,,. i n Al a,.., 1....1.1 (Section 9, Sites 1 thru 22/ Attachment A). Work shall, to the extent possible, be performed on the same day each week. In no case shall work be performed more than 24 hours after the regularly scheduled day without notification, and consent of, the Parks Maintenance Manager. The Contractor will submit a monthly invoice, together with maintenance and chemical log. The Contractor's schedule for litter and garbage collection for the following month shall be included and shall not be deviated from without prior approval from the Parks Maintenance Manager. C. Turf Maintenance 1. Mowing: All grass will be mowed once a week at a 1-1/2 inch height during the mowing seasons from March - October and once every other week in February and November. 2. Trimledge: All hard surfaces and tree well edges will be edged every other week during the mowing season and the surface either swept or blown clean. Method of edging will be mechanical for all hard edge surfaces and monofiliment line for all soft edges. 3. Aerateloverseed: Aerate and overseed once per year with a three way mix (Kentucky Blue, Creeping Fescue, Rye). The Contractor will submit a list of recommended seed to the Parks Maintenance Manager before the application. Method of edging will be mechanical for all hard edge surfaces and monofiliment line for all soft edges. 4. Fertilize: All turf will be fertilized two times a year (see Maintenance Schedule) with a minimum 28-7-14 fertilizer, or an approved equal. After each application of fertilizer the Contractor will turn in a "Pesticide Application Record" form (Attachment 9-13 on page 92) to the Parks Maintenance Manager. The Contractor will provide proper posting of applications with prior approval by Parks Manager of areas after application of chemicals to restrict pedestrian traffic 5. Herbicide: All turf will receive two applications per year. The Contractor should also inspect the lawn areas on a regular basis for insect or pest problems. If, in the opinion of the Contractor, additional treatments are necessary, the Contractor shall submit a Discretionary Work Request Form describing the problem, listing the solution and cost. After each application the Contractor will turn in a "Pesticide Application Record" form (Attachment 9-13 on page 92) to the Parks Maintenance Manager. The Contractor will provide proper posting with prior approval by Parks Maintenance Manager of areas after application of chemicals to restrict pedestrian traffic. The Contractor will submit a list of recommended chemicals for approval by the Parks Maintenance Manager before each application. D. Tree and Shrub Maintenance 1. Pruning: Ornamental trees will not be pruned except to remove singular broken branches or to perform minor clearance pruning. Singular branches which are hanging below the overall canopy and are an impediment to pedestrian traffic or maintenance activities may be pruned back to the first lateral. The Contractor will notify the Parks Maintenance Manager with the Discretionary Work Form except when a hazardous situation is identified.* Any damage to plant material due to Contractor negligence or misuse of pesticide will be remedied by the Contractor, at the Contractor's expense, in a timely manner * Note: A City employee emergency phone list will be provided to the Contractor for notification when a hazardous situation other then removal of singular broken branches (as identified above) or performance of main clearance pruning (also identified above) is required. Notification shall be immediate. 2. Bedwork/weeding. Bed areas will be kept in a weed free condition. Beds will receive an approved pre -emergent and/or post -emergent herbicide as prescribed in the Maintenance CONTRACT LANDSCAPE MAINTENANCE 23 Right -of -Way Landscaping, Parks, Trails, Traffic Circles & Fire St #14 n....,..3.,...,,.t.,.,,_.,..,.___,....D------- :oa.,.....nwr1 0 n1 A --I—"\ Schpdule and in accordance with the manufacturer's recommendations. Shrubs (hedges) will be trimmed or sheared to maintain the Parks Department's desired shape and function as needed to provide a neat and trim appearance. Any damage to plant material due to Contractor negligence or misuse of pesticide will be remedied by the Contractor, at the Contractor's expense, in a timely manner. Insect Control. The Contractor should inspect the plant area on a regular basis for insect or pest problems. If any insect or pest problems are found the Contractor should submit a Discretionary work request form describing the problems and listing the solution and cost. A specific bid cost is not needed for this item. 4. Hedge work: All hedges shall be pruned as per the maintenance schedule. If in a center median or intersections they shall be pruned to maintain line -of -sight. 5. Shrub pruning: All shrub pruning shall be done on an individual basis. They shall be hand pruned to maintain the integrity of the plant and its location in the landscape. 6. Fertilize: All plant materials will receive the required application of fertilizer identified in the Maintenance Schedule and in accordance with the manufacturer's recommendations. 7. Bark: Additional bark will be provided annually to maintain a maximum depth of two inches, in May. The Contractor will provide the new bark, which will be a fine screened, and weed all areas prior to application. The Parks Maintenance Manager will be notified prior to ensure of the proper screening. 8. Leaf removal. All areas will be kept free of leaves during the fall. The leaves will be picked up, weekly, and removed from the site as per the Maintenance Schedule. E. Ground Cover Maintenance All ground cover in beds will be weeded per maintenance schedule. Ground cover will be trimmed or sheared at the edge of hard surfaces and beds will be trimmed to prevent encroachment into lawn, shrubs or trees. 24 CONTRACT LANDSCAPE MAINTENANCE Right -of -Way Landscaping, Parks, Trails, Traffic Circles & Fire St # 14 Powerbook:Users:terrence:Renton:tjfdocs:PM Operations r.......a.n�.....n,..i.,.._..............c„ti,.a..i,,,..�nn� 7 ....a.....,..,. _.,.� i n ni a,.,, i.. uN w F. Hard Surfaces The entrance drives, sidewalks, curbs and other hard surfaces will be kept free of leaves, litter, trash and/or garbage. The uses of power blowers is acceptable, however, the rubbish will be picked and/or swept up not blown onto adjacent property, street surfaces or planting beds. Undesirable vegetation in sidewalks, curbs and other hard surfaces shall receive an approved herbicide application and be removed. In no case will any pre -or -post emergent herbicides with residual characteristic (i.e. Casoron) be used in these areas. G. Irrigation NOTE: North 3rd Street has a Rainbird controller with spray heads, Park Ave. N has a Rainbird controller with spray heads and a drip system, Fire Station #14 has a Rainbird controller for flower beds and turf areas, Freeway Park has a Rainbird controller with spray heads, Houser Way By Pass has a Hardie solar controller with a drip system. 1. Start-up: pressurize irrigation system, check for breaks, leaks, broken heads, or any other repair that might be needed. Except for start-up and winterization, the Contractor will attempt to make all necessary repairs within 48 hours, unless otherwise approved. In no case shall a defective leaking system be permitted to operate. It is permissible to temporarily isolate a defect. The Contractor will do an annual testing of the double-check valve and report testing results to Parks Maintenance Manager when pressurizing system. 2. Watering: The Contractor and the Parks Manager will agree on a watering schedule. The controller will be set to the approved watering schedule and will be operated only between the hours of 11:00 p.m. and 4:00 a.m. The system may be operated during the hours of 7:00 a.m. and 3:30 p.m. for testing purposes. Station operation time shall be limited to 15 minutes for spray or drip heads. More then one start time per night may be used. A two - minute test of each station will be conducted once a month with test date indicated on watering schedule. Results of this test shall be provided to Park Manager. The Contractor may regulate water management with frequent monitoring and controller adjustments. 3. Winterization: The Contractor will shut off water supply at main valve, drain double- check valve and use air compressor to blow the remaining water out of lateral lines. At no time shall the Contractor use more then 80 PSI. H. Traffic Control When working on street median, traffic circles and/or on street edges, the Contractor shall be responsible for proper traffic control at all times. CONTRACT LANDSCAPE MAINTENANCE 25 Right -of -Way Landscaping, Parks, Trails, Traffic Circles & Fire St #14 u,.....� i..iT _ v ..:c� Warn ..: �e .. �.n� .n a .t c w a..i .�nn� 7--A..---- i n A a,.,,f—U\ CITY OF RENTON COUNCIL AGENDA BILL (/February Submitting Data: Planning/Building/Public Works For Agenda of: 10, 2003 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson x7235 Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats. Ordinance .............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Short Plat Report & Decision Recommended Action: Approvals: Council concur Legal Dept......... Finance Dept...... Other. .... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way is a 15-foot corner radius of the NW corner of Dayton Ave NE and NE 20`h Street. The dedication is a City of Renton code requirement of the Martin Short Plat, LUA-02-090, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2002\MartinSHPL 07 AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number. 22 5 3 20 - D 1 ZD --ol Project File #: L.0 A O 2— O 9 D Street intersection: N F—2 p a- ► ve— NE Reference Numbers) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): I. Cr t I-, J 1. City of Renton, a Municipal Corporation LEGAL ESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A PORTION OF LOT 8, BLOCK 2, EDENDALE ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 60 OF PLATS, PAGE 81, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. The Grantor, for and in consideration of mutual benefits conveys, quitclaims, dedicates and donates to the Grantees) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Annroved and Accented Bv: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDHIDUAL FOXY OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) - 11 I certify that I know or have satisfactory evidence that �Y R �C1 W Notary Seal must be within box 3q pkj /Z r�U� ,` signed this instrument and CHARLES F. KOKKO acknowledged it to be his/her/their free and voluntary act for the uses and purposes NOTARY PUBLIC mentioned in the strument. STATE OF WMHINGM COMMISSION EXPIRES MARCH 19, 2006 Notary Pub 1c in and for the tate of Washi gt n Notary (Print) C tr _ My appointment expires: /HA r a� 1,1 2-D0 Dated: Z - 3 b Hfotms/rmFRM/AGREE/DEED.DOC\ DR Page 1 FORM 04 0001/bh Project: Exhibit A WO# Legal Description PIDGRANTOR: Street: A PARCEL OF LAND LYING IN LOT 8, BLOCK 2, EDENDALE ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 60 OF PLATS, PAGE 81, RECORDS OF KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF NORTHEAST 20TH STREET AND DAYTON AVENUE NORTHEAST, BEING A MONUMENT IN CASE; THENCE N. 00 29' 31" E. ON THE CENTERLINE OF SAID DAYTON AVENUE NORTHEAST A DISTANCE OF 44.08 FEET TO A POINT; THENCE N. 890 30' 29" W. A DISTANCE OF 30.00 FEET TO A POINT BEING ON THE WESTERLY RIGHT OF WAY OF DAYTON AVENUE NORTHEAST AND THE TRUE POINT OF BEGINNING; THENCE S. 00 29' 3 1 " W. A DISTANCE OF 14.69 FEET TO A POINT; THENCE S. 890 18' 37" W. A DISTANCE OF 14.69 FEET TO A POINT BEING ON THE NORTHERLY RIGHT OF WAY OF NORTHEAST 20"i STREET; THENCE ON A CURVE TO THE LEFT, WHICH CURVE HAS A CENTRAL ANGLE OF 88° 49' 06", A RADIUS OF 15.00 FEET, A LENGTH OF 23.25 FEET, AND A LONG CHORD WHICH BEARS N. 440 54' 04" E. A DISTANCE OF 20.99 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. 10 23613 s�'RF�rsn..... ON91. LAlyv 5 EXPIRES %^ //^ 0,3 HformshoocFRM/AGREE/DEED.DOC\ GR Page 2 FORM 04 0001/bh I w N N 0 b 0 z Map Exhibit N.89' 17'32"E. 88.25' LOT "B" M 6165.1 SQ FT ui PART OF C ITY OF RENTON `O SHORT PLAT No. LUA-02-090 CURVE DATA: 15.00' 0=88'49'06" R=15.00' L=23.25' , 73.56' I -----� S.89'18'37"W. i 14.bg I of OI M � I N.E. 20TH STREET �cx v � 3 20 10 0 20 W z� WI i Q z� 0 N 0 o �z � Q , 0 -----30.00'-----� cn (D I of d- I I 2 SCALE IN FEET om:ars e/111 c3 1lfonrs/vo&RM/nGuF/DEED.D0C\ DR Page 3 40 601 FORM 04 0001/bh 3S 3nv PIG ll o .L m as, AD •• • •• •• roL ,CiR'l5 ,. roL a n Q � cio Fq'u '� [vac r w w.a<' .. Om.• .. Ef vc c t•x !iv< oe v N V _ . ' F<K �.."ses• sr l fi� rfoyf'a:✓—j P m w . s � D c • O o hM� �_ n � V"� ° y � ^ F. N V !B'F6 Arse !< v6 Gj e e nmo� r N W � •J Foa w To- vr-1 MMy 0 _ o 11 oa/ i ersf �' va .cr.t^ds H1911 3 I _-NI =19L'61 3 S d ei n v H. 9 +ol Off Uo r �O N""�OI•rmON__.�_—<e r° dam O of : a•°� J = m 4Q o .1 r CQ z — ar.F -" Erari =tr:F . rf e a o t• =1. tm r/ ti w o ♦ w L' .r .. u _� c N a "y >i• i ,f� � Z � mi .t oOC<Q r w N�$ Q i ^ � � 5 � h C � �° O f. g M `6 + � P O O e• . �IVr 3Na JAV SVWVJ Lp• I/I �Oir9696 :l •---� ,i AA>e a I Ei a/ :c /•FB Qe. SL ♦ ?j owu `1 n l VI n ,5 uj Y �m SB h4 ' a-Fcl m m o — �eaz F< 6 .ryes °, c of•bL to ca< �s E< � i t REPORT City of Renton Department of Planning / Building / Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE; September 9, 2002 Project Name Martin Short Plat Applicant Craig & Jane Martin 2001 Dayton Avenue NE Renton, WA 98056 File Number LUA-02-090, SHPL-A Project Manager Jason E. Jordan Project Description Administrative Land Use Action (Short Plat Review) for the two -lot subdivision of a 0.28- acre site located in the Residential — 8 Dwelling Unit Per Acre (R-8) Zone. The subject site is currently developed with an existing single family structure, which is proposed to remain on what would become new Lot B. Lot A is intended for the future construction. of single- family residences. Project Location 2001 Dayton Avenue NE 16 I 115 14 13 Iz •; 10 . 1 Project Location Map snprrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 2 B. GENERAL INFORMATION. 1.Owners of Record: 2. Zoning Designation: Craig & Jane Martin 2001 Dayton Avenue NE Renton, WA 98056 Residential — 8 du/ac (R-8) 3.Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: The site is currently developed with an existing 1,580 square foot single family residence proposed to remain on what would become new Lot B. 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) East: Single Family Residential (R-8 zone) South: Single Family Residential (R-8 zone) West: Single Family Residential (R-8 zone) 6.Access: New Lot A is an interior lot and would have direct street access from NE 20th Street. New Lot B is a corner lot and would have street frontage on Dayton Avenue NE and NE 20th Street. Primary access to new Lot B would be from Dayton Avenue NE. 7. Site Area: 12,271 square feet / 0.28 acre C. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 2/20/1995 Zoning N/A 4404 6/7/1993 Annexation N/A 1822 3/22/1960 D. PUBLIC SERVICES: 1. Utilities Water: There is an existing 8-inch diameter water main in Dayton Avenue NE and a 6-inch water main in NE 20th Street. Sewer: There is an existing 8-inch diameter sanitary sewer main in Dayton Avenue NE and an 8-inch sewer main in NE 201h Street. Surface Water/Storm Water: There are existing storm facilities in NE 20th Street. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 3 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN. 1. Land Use Element — Residential Single Family 2. Housing Element G. DEPARTMENT ANALYSIS: 1. Protect Description/Background The applicant, Craig & Jane Martin, have proposed to subdivide a 0.28-acre parcel into two lots. The property is currently developed with an existing single family residential structure, which is proposed to remain on what would become new Lot B. Lot A is intended for the eventual development of a detached single family home. The lots are proposed at the following sizes: 6,211 square feet (Lot B) and 6,065 square feet (Lot A). The applicant is proposing to serve Lot A from NE 20th Street, while the existing single family residence located on what would become new Lot B would be served from Dayton Avenue NE. The net site area of the proposal (site area minus environmentally critical areas, right-of-way to be dedicated and private easements serving more than 3 lots) is the same as the gross property area as there are no areas to be deducted. In this case, the net/gross site area is 12,271 square feet or 0.28 acres. This in turn, equates to a net density of 7.14 dwelling units per acre (2 / 0.28 = 7.14 du/ac), which is under the maximum (9.7) allowed within the R-8 zone. Lot B is considered a corner lot as it abuts NE 20th Street and Dayton Avenue NE. Currently, the existing single-family residence located on what would become new Lot B is served from Dayton Avenue NE. Lot A would be considered an interior lot and would be served from NE 201h Street. The topography of the subject site slopes approximately 8% from the northwest corner of the property to southeast corner. The subject site is predominately vegetated with grass lawn and some ornamental vegetation, which is not proposed to be removed at this time. No critical areas were found at the subject site during the review of this application. 2. Environmental Review Except when located on lands covered by water or critical areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments 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 the report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The RSF designation is intended to promote and enhance single family neighborhoods. The proposal is consistent with the RSF designation in that it would allow for the future construction of new single family homes, thereby promoting goals of infill development. The proposal is consistent with the following Comprehensive Plan Land Use and Housing Element policies: Policy LU-36. Allowable developments at 9.7 dwelling units per acre on infill parcels of one acre or less as an incentive to encourage single family small lot development. The net density of the proposed subdivision, 7.14 dwelling units per acre, is within the density range prescribed. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 4 Policy H-4. Encourage infill development as a means to increase capacity. The proposal would create one additional residential lot, thereby increasing density within a currently developed residential area. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single family dwelling unit. The allowed density range in the R-8 zone is a minimum of 5.0 to a maximum of 9.7 dwelling units per acre for lots one-half an acre or less in net size. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private easements serving 3 lots or more from the gross acreage of the site. The property does not contain any environmentally sensitive areas nor areas required for right-of-way dedication or private drives serving more than three units. Therefore, the net site area of the proposal is the same as the gross property area (12,271 square feet or 0.28 acres). This in turn, equates to a net density of 7.14 dwelling units per acre (2 / 0.28 = 7.14 du/ac), which is under the maximum (9.7) allowed within the R-8 zone. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size and, lots 5,000 square feet or less are allowed to have up to 50% lot coverage. Lot B, with the existing 1,580 square foot residential structure, would have a lot coverage of approximately 25% after the short plat, which is within the allowed range. Setbacks in the R-8 zone are as follows: front yard 20 feet, side yard 5 feet, side yard along a street 15 feet, and rear yard 20 feet. Upon recording of the short plat, the existing single family structure on Lot B would meet the minimum required setbacks as established by code, with the exception of a non -conforming side yard along a street setback, which is currently 8.87 feet. While no construction is planned for Lot A at this time, the lot appears to have adequate area to provide for a new single family residence while meeting the required setbacks and lot coverage. In addition, each lot would have adequate area to provide two off-street parking spaces as required by the parking regulations. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. The Subdivision Regulations require the installation of full street improvements, including curb, gutter, 6-foot sidewalk, and half -street pavement along the site's Aberdeen Avenue NE and NE 20'h Street frontages pursuant to (RMC section 4-6-060), unless waived or deferred through the City of Renton Board of Public Works. On March 27, 2002 the City of Renton Board of Public Works deferred the required street improvements, subject to the applicant agreeing to participate in a LID and filing a Restrictive Covenant against the property. As the subject site is located at the intersection of Dayton Avenue NE and NE 201h Street (corner lot), the applicant is required to dedicate a 15-foot corner radius at that intersection (approximately 48 square feet). The current short plat plan does not show the required corner radius dedication; therefore the applicant would be required to revise the plans and dedicate the appropriate corner radius or obtain a deferral or waiver from the Board of Public Works. The proposed subdivision is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. The additional lot is expected to generate approximately 9.57 new average weekday trips (credit was given for the existing single family residence). The fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 = $717.75) and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-8 zone is 4,500 square feet. The short plat would create two lots, which are proposed at 6,065 square feet (Lot A) and 6,211 square feet (Lot B) in size. The proposed lot sizes are compatible with other existing lots in this area under the same R- 8 zoning classification. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 5 The proposed lots also comply with the R-8 requirements for minimum lot width (60 feet for corner lots and 50 feef for interior lots) as well as minimum lot depth (65 feet). The residence proposed to remain on Lot B meets the required setbacks and lot coverage permitted in the R-8 zone, with the exception of the side yard along a street setback adjacent to NE 20th Street. Specifically, the R-8 development standards require a 15-foot side yard along a street setback; however, in this case the existing single-family residence is 8.87 feet from NE 20th Street. Nevertheless, the proposed short plat is not expanding the existing non -conforming setback; therefore, no additional mitigation measures are required. Proposed Lot A (interior lot) appears to have adequate building area for the construction of a single-family residence when taking setbacks and lot coverage requirements into consideration. The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. In addition, each lot would have access to a public street (Lot A: NE 20th Street & Lot B: Dayton Avenue NE). d) Reasonableness of Proposed Boundaries Access: Each lot would have the following direct access to a public right-of-way: • Lot A direct street access from NE 20th Street; and, • Lot B direct street access from Dayton Avenue NE. The applicants have proposed to serve Lot A (interior lot) from NE 20th street. Lot B (corner lot) is currently being served from Dayton Avenue NE and no changes to this access point are proposed at this time. Topography: The topography of the site gently slopes to the southeast, at an average slope of approximately 8%. The property is vegetated with grass lawn and other ornamental vegetation. No vegetation is proposed to be removed at this time. However, during the construction of a single-family home on Lot A, the removal of the ornamental lawn and the relocation of one fir tree may be required in order to locate the home on the proposed lot. Potential erosion impacts may occur during project construction; therefore, staff recommends the following two erosion control measures as conditions of project approval: 1)The applicant shall install a construction fence and silt fence along the down slope perimeter of the site. The silt fence shall be in place before clearing and grading is initiated. 2)The applicant's engineer shall provide weekly reports to the public works inspector on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules. These conditions would ensure no additional stormwater erosion impacts would be generated from the proposal. Relationship to Existing Uses: The properties surrounding the subject site are designated Residential — 8 Dwelling Units Per Acre (R-8) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. Moreover, as redevelopment occurs in this area of the city, many of the nearby lots have been platted into smaller inf ill lots ranging from 4,500 square feet to 6,500 square feet in size. e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements, and mitigation fees. A Fire Mitigation Fee, based on $488.00 per new single family lot with credit given for the existing single family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488 x 1 = $488.00) and is payable prior to the recording of the short plat. Recreation: The proposal does not provide on -site recreation areas for future residents of the proposed short plat. Therefore, in order to offset the additional people expected from this development, a Park Mitigation Fee is recommended to create new trails and facilities that may be utilized by future residents. Specifically, a Parks Mitigation Fee of $530.76 per new single family lot is recommended, with credit given for the existing single family residence. The fee is estimated at $530.76 ($530.76 x 1 = $530.76) and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use shpltrptdoc _ Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 6 per single family residential dwelling. Therefore, it is anticipated that the proposed short plat would result in 0.44 (0.44 X 1 = 0.44) new children to the local schools (Kennydale Elementary School, McKnight Middle School, and Hazen High School). The Renton School District has indicated they can accommodate the additional student generated by this proposal. Streets The subject site is located at the corner of NE 201h Street and Dayton Avenue NE. No additional streets are required as part of this proposal. Nevertheless, the applicant would be required to pay a Traffic Mitigation Fee in the amount of $75.00 per each new trip generated by the proposal prior to the recording of the short plat. Storm Water. Storm water facilities are located in NE 20th Street. A drainage narrative was submitted with the application and has been reviewed by the City of Renton's Plan Review Section. A Surface Water System Development Charge of $525.00 per new single family lot would be collected as part of the construction permit or prior to the recording of the short plat. Water and Sanitary Sewer Utilities: There is an existing 8-inch water and 8-inch sewer main located in Dayton Avenue NE. In addition, there is an existing 6-inch water main and 8-inch sewer main located in NE 20th Street. The applicant would be required to make all other necessary connections to serve future development on Lot A. A Water System Development Charge of $1,105 per new single family lot, as well as a Sewer System Development Charge of $760.00 per new single family lot, would be collected as part of the construction permit or prior to the recording of the short plat. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Martin Short Plat, File No. LUA-02-090, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Single Family Residential (SFR) land use designation. 4. Zoning: The proposal as presented, complies with the zoning requirements and development standards (with the exception of Lot 6 and the existing non -conforming side yard along a street setback adjacent to NE 20th Street) of the Residential Single Family - 8 (R-8) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations for the short platting of 2 lots provided all advisory notes and conditions of approval are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North Residential Single Family (zoned R-8); East. Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8); and West: Residential Single Family (zoned R-8). 1. Conclusion: 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation. 3. The proposed two lot short plat complies with the subdivision regulations as established by city code and state law. 4. The proposed two lot short plat complies with the street standards as established by city code. shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATJED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 7 J. DECISION. The Martin Short Plat, File No. LUA-02-090, SHPL-A, is approved subject to the following conditions: 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project (estimated at $717.75). The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. The applicant shall pay the required Fire Mitigation Fee equal to $488.00 per new single family lot estimated at $488,00. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 3. The applicant shall pay the required Parks Mitigation Fee equal to $530.76 per new single family lot estimated at $530.76. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 4. The applicant shall install a construction fence and silt fence along the down slope perimeter of the site. The silt fence shall be in place before clearing and grading is initiated. 5. The applicant's engineer shall provide weekly, reports to the public works inspector on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules. DATE OF DECISION ON LAND USE ACTION: September 9, 2002 SIGNATURES: c1hLoGregg A. 11m er an, P /PW dministrafor dec Sion date ADVISORY NOTES TO AP (CANT 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 actions Planning 1. The site is designated Residential Single Family in the Comprehensive Plan. 2. The property is zoned Residential 8 (R-8). Densities allowed in the R-8 Zone are 5.0 dwelling units per net acre (du/a) minimum and 9.7 du/a maximum for lots'/2 acre or less. 3. Minimum lot size in the R-8 Zone is 4500 sf, with minimum width of 50 feet. The minimum permitted lot depth is 65 feet. 4. Heights of buildings in the R-8 Zone are limited to 2 stories, or 30 feet. 5. Required setbacks in the R-8 Zone are a 20-foot front yard, a 20-foot rear yard, a 15-foot side yard along a street and 5-foot interior side as measured from the property line to the nearest point of the structure. Setback dimensions should be shown on the construction drawings, but must be removed prior to recording the final short plat. 6. The maximum building coverage in the R-8 Zone is 35 percent or 2,500 square feet which ever is greater for lots over 5,000 sf and 50 percent lots 5,000 sf or less. 7. 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. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 8. 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 1 st and March 31 st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 9. 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. 10. Driveway slopes are not allowed to exceed 15% in grade. All driveway approaches over 8% in grade are required to have slotted drains at the edge of the drive. Property Services -Comments for Final Short Plat Submittal 1. To be sent under separate cover. Fire Prevention 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single family structures. If the building square footage exceeds 3,600 square feet in area, the minimum fire flow increases to 1,500 GPM and requires two hvdrants within 300 feet of the structures. City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 8 2. Existing fire hydrant will require a Storz fitting. Plan Review — Drainage 1. The Surface Water System Development Charges of $525 per each new lot applies to this project. 2. Temporary erosion control measures shall be maintained to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. Plan Review — Sewer 1. Short plats shall provide separate side sewer stubs to each building lot. Dual side sewers are not allowed. Minimum slope shall be 2%. 2. Sanitary Sewer System Development Charges of $760 per each new lot are required for this project. The Development Charges are collected as part of the construction permit prior to the recording of the short plat. Plan Review —Water 1. New water main and/or fire hydrants must meet the fire flow requirements and Fire Codes/Regulations per the Fire Department. 2. Water System Development Charges of $1,105.00 per each new lot will be required for this project. The Development Charges are collected as part of the construction permit prior to the recording of the short plat. Plan Review — Street Improvements 1. All new electrical, phone and cable services must be underground. Construction of these franchise utilities must be inspected and approved by a City of Renton Public Works Inspector prior to recording of the short plat. 2. All lot corners at intersections of dedicated public right-of-way shall have a minimum radius of 15 feet unless waived or deferred by the Board of Public Works. Revise plans as necessary. Plan Review — General 1. All civil plans shall conform to the Renton Drafting Standards, which are attached for reference. When approval is granted and utility plans are complete, please submit permit application, three (3) copies of drawings, two (2) copies of the drainage report, and an itemized cost of construction estimate and application fee at the counter on the sixth floor. It is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. 2. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half the fee must be paid upon application. 3. Separate permits for water meters and side sewers are required. TRANSMITTED this 9th day of September, 2002 to the owner/applicant: Craig & Jane Martin 2001 Dayton Avenue NE Renton, WA 98056 TRANSMITTED this 91h day of September, 2002 to the parties -of -record: Raymond H. Rinz 2000 Dayton Ave. NE Renton, WA 98056 TRANSMITTED this 91h day of September, 2002 to the following: Larry Meckling, Building Official L. Rude, Fire Marshal Neil Wafts, Development Services Director Jennifer Henning Jan Conklin Carrie Olson -Davis Lawrence J. Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on September 23, 2002. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) shpltrpt. doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED September 9, 2002; PROJECT LUA-02-090, SHPL-A Page 9 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. shpltrpt.doc APPROVAL CITY OF RENTON DEPARTMENT OF PLANNING/BUILDING/PUBLIC WORKS ADMINISTRATOR EXAMINED AND APPROVED THIS ___ DAY OF ---------- 2.0__ BY. - - --- AOMINISIMTUR: PLANNING/BUILDING/PUBLIC WORkS KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS _-- DAY OF 20__ ASSESSOR --- —_____________________ OEPUIY ASSESSOR ACCOUNT NUMBER -------------------- _--- DECLARATION KNOWN ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED. OWNER(S) IN FEE SIMPLE [AND CONTRACT PURCHASER(S)) OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT,SUSDMSION THEREOF PURSUANT TO RCW 50.17.060 AND DECLARE THIS SHORT PUT TO BE THE GRAPHIC REPRESENTATION OF SAME. AND THAT SAID SHORT SUBDIVISION IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. NAME ---- ------------ NAME ______ OWNER: CRAIO AND JANE MARTIN 2002 DAYTON AVENUE NE RENTON. WASHINGTON 96036 STATE OF WASHINGTON) Fe COUNTY OF KING ) 1, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE COUNTY Oi KING IN THE STATE OR WASHINGTON DO HEREBY CERTIFY THAT ON THIS DAY OF ---------- 20__, PERSONALLY APPEARED BEFORE ME CRAIG AND JANE MARTIN, HUSBAND AND WIFE, TO ME PERSONALLY KNOWN (OR PROVEN W THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE INDMDUAL(S) WHO EXECUTED THE WITHIN INSTRUMENT AND FOREGOING INSTRUMENT, AND ACKNOWLEDGE THAT SHE/HE SIGNED AND SEALED THE SAME AS A FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THE DAY AND YEAR LAST ABOVE WRITTEN. NO1ARY'S NAME: NOTARY IN AND FOR THE STATE OF WASHINGTON, RESIDING AT -------------------- MY APPOINTMENT EXPIRES _------_--- CRAIG MARTIN EDENDALE ADDITION AMENDED SHORT PLAT OF LOT 8, BLOCK 2, TRACT 216 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN DIVISION No. 4 SECTION 5, TWP.23N., RGE.5E., W.M. KING COUNTY, WASH. W21 NOTE: o MONUMENT IS NOT IN PLAT POSITION W OF E IRO r MIC 792 4 CRY OF RENTON M14 12536 s N.89'13'43'E. 204.47' PLAT — 14.69'13'431. 330.80 PUT N.89'12'21•E. 204.47' MEAS N.89'28'50'E. 330.91' MEAS % ,g NE 22ND STREET w OLD FF DESCRIPTION LOT A 6.065.60 SO FT MARK ON A CONCRETE POST MONUMENT DOWN 0.4'IN A MONUMENT CASE AT THE CONSTRUCTED INTERSECTION OF HE 25TH STREET AND EDMONDS AVENUE NE. THIS MONUMENT HAS A CITY OF BELLEVUE (COB) CPS STATION DESIGNATION NO. 0349. z L07 8, BLOGK 2. EOENDALE ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 60 OF PUTS, PAGE(S) 81, IN KING COUNTY, WASHINGTON. 1� �\ I Q THE CONTROLS SHOWN REPRESENT A COMPILATION OF MEASUREMENTS MADE DURING THIS SURVEY, PREVIOUS SURVEYS PERFORMED BY THIS FIRM, PUBLIC RECORDED SURVEYS AND MUNICIPAL RECORDS. UNLESS OTHERWISE NOTED. THE SHOWN MONUMENTATION WAS FOUND WITHIN A REASONABLE TIME PERIOD OF THIS DATED SURVEY. FIELD INSTRUMENTATION WAS A LEIKA TCRA1103RA TOTAL STATION, CALIBRATED WRHIN THE YEAR. lr LOT LOCATION, CENTERLINE AND NOTATION VERIFIED PER CITY OF RENTON EDENDAII ADDITION A REPLAY OF TRACTS 207 AND 216 OF C.D. HILLMAN'S LAKE WASHINGTON o 'Vw m '\ Q GARDEN OF EOEN DIVISION No. 4 SECTION 5. TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, KING COUNTY. WASHINGTON. n � W N, B It. FT SB9'16'37Yn 174.46' M 174.44 PLAT 5/B' REBAR W c st943 I LS 23613 N.89'20'18'E, 330_66' PLAT 204,47' AREAS 204.45' PUT N.89'18'37E. 330.71' MEAS RECORDER'S CERTIFICATE Filed of record this day of , at _ M. in Book of Surveys, at page _al the request of Ringel and Associates DIVISION OF RECORDS AND ELECTIONS Managar Superintendent of Records CRY OF RENTON WIC 0369 FOUNDU BRONZE I N UN MARK O N EI ? S POST MONUMENT DOWN O.S' IN A MONUMENT CASE IN THE CONSTRUCTED CENTERLINE OF EDMONDS AVENUE APPROXIMATELY +85 / FEET NORTHERLY OF US CONSTRUCTED INTERSECTION INTERSECTION WITH NE 20TH STREET WEST. -. DETAILS NOT TO SCALE I I E DETAIL /2 E OETAIL /3 i NO LL) Q (/) S � S x z O 0 b ry OF pFMON (21f61C�/2198 N.09'20'I8•E. 330.66' PUT N.89'18'59•E. 330.69' NUS NE 20TH STREET O FOUND PROPERTY CORNER 40 zo 0 40 so +xo ® SET PROPERTY CORNER SCALE IN FEET SURVEYOR'S CERTIFICATE This is to I, Fredrick D. Ringel, the ' IA certify conducted aunty of the land described on this Record of Survey, and • that this record of Survey is a true representation of said survey a�d��d�on said landsaid land. Y�iJ6�o T17o7 g—/t • ox Fredrick D. Ring R.LS. 9B6 ID crnlcs si 23613 WA CALCULATED CALCULATED PER PLAT PER PLAT 0.02' FOUND S/6" FOUND 5/B• REBAR L$I 5524 0.01' REBAR LS/ 5524 DETAI 11 DETAIL 2 CALCULATED FOUND S/B• LS/ 0.52' PER PLAT 552AR 524 �OUNO 5/B• 11 11 REBAR LS/ 0.07' 71599 RESET 5/8' PE BAR LS /23613 PER PLAT DETAIL 14 1 DETAIL 13 % RINGEL & ASSOCIATES RLS P.O. BOX 742 ID. #986 CASCADE, IDAHO WA. #23613 l 83611 (208) 382-4230 JOB NO. CM02001 I DATE: JULY 29, 2002 1 PAGE 1 OF 1 CRAIG MARTIN TOPO LOT 8, BLOCK 2, TRACT 216 OF C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN DIVISION No. 4 SECTION 5, TWP.23 N., R.5 E., W,M. KING COUNTY, WASH. ..- SaU MOUSE tl iL00R [UY mw•[n eMw.r AfMRr Ower[ I �` I GRASS M 6 8 ;/ •I• % GRASS //�/ rz 1 59,i .W z/r Z aiA.aE aomr nn, zee." 4i rwo ( Ga.55 i B nEv 3u.0 GRASS'... _ i LOT "A." >.• x..[ % LOT '—'B" � o � � ! ONE STORY 0 HOUSE NO BASEMENT �' I I NOOSE rLOar [uY 2ee.0 ; � b w I I GR ASS I cRass mans —A . .. . — ... _.._..__.. u.. GRASS GRASS I w w w e' wu[a I w w w , r NE 20TH STREET R _f c �. iixn w OCrAA FS DETAR /3 I I� 1Rr a fore Aws.ao sa n � e,»..ao son � 13 o.1a Awzs o.[a Aurte I u ae S.EP�Tf YAo. zo! nNus ro! n' »Ar N.0 2M SWITT B ... a »�•[ TOPOGRAPHY CERTIF[CATION Fw c 1 NEIs(Q/ ttm6Y lsuT nrt NaezoHlza rsm v[wnuL LowtlGNs a suRrACE rTAilmn sNowN N(REDC Ns[ ME R[MT K A SORT' WO[ 6Y YC Ow IINOEII W SVRCwsrSSON. r.6. Rm6a�en wrz;.tsr.�••c �^•z•z•� UNDERGROUND UTILITIES SHOWN HEREON HAVE BEEN PLOTTED FROM A COMBINATION OF FIELD LOCATED SURFACE FEATURES AND RECORD DATA AS FOUND ON SCHEMATIC DRAWING. SURFACE FEATURES NOT FIELD LOCATED ARE SO AND ASSUME LIABIUTY FORED. CORRENCTNESS GEL OF RECORD ASSOCIATES, ATA DOES NOT HAND—DIOGING (OR POTHOLING) OF UTILITY CROSSINGS IS HIGHLY RECOMMENDED. FASI 1-800—e2e—a55S TWO DAYS BEFORE YOU DIG. e , 1. VICINITY MAP NnT Tn SCATF 5 pb 3 NC 24lh St. i ` NE N M < X NE 011` S,. B NE ICI S1. uvtOv --A _ _ aawroue .o.a 1ew_ o �uow war sm ewc a aAwrur snwA sK nx � YiaRw�bYr� omoon mu • ewm a [u+ • .wonRn ca+ew '. RLS P.o. Box Tee ��11 ®RINGEL & ASSOCIATESfi ID. 1985 CASCADE, IOAHO WA. 023613 83611 (206) 382—e230 CRAIG MARTIN TOPO �,� JOB NO.CM020D1 I DATE: MAY IS, 2002 1 PACE 1 OF 1 CRAIG MARTIN TOPO GRAPHIC SCALE LOT 8, BLOCK 2, TRACT 216 OF a t C.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN DIVISION No. 4 SECTION 5, TWP.23 N:, R.5 E., W.M. KING COUNTY, WASH. AIM RR ) 1J_10, e M1 �� SRLII LMl AI...0 Z Z S // GRASS NOU$C LOOK EUE 29l.e$ pgKv.r pnnp ct Q cRASs •e }er WO V �•• � / r ac 1[ . Aw�wcJ J Two S}ORv ' ].• o}c yE� EIF/. f9e OR aaaw.r V NO BASEUENr cF.A55 uOUSE (LOOK i CRASS 9A IO BE OERRIfw uwL( GRASS ,]• lwRl� FF. -1-� 298 �" �y� r 6 E ONENNE STORY HOUSE h g {I@ E 6 NO BASEMENT .� W Y \\ _ J/ "Fm Ek15ro6T Q- C R OR— CRASS YcwC y) N«,9E (Loon ELEV 29E.4$ y E cR45$ l vRa^$w A d � � \� � aw_ `�� ](• C cos rw 4 e its . J 9c.. GATE lie �� CRRGT[ wN. 2.:axeo J ' cRAss - 9.!' cdcAiJ[ CURB 39.92' roR Rocr oRARJ n. w>: K-2ar,Jo GRASS 2 Ali w w w 6- ..ER w NE OTH STR ET 0009AtW ,.A[Rx Y I� L.r \ssw J..( •C� c c G 3 an. a9t.0 M }ee lJ �- ow (tee.lJ NOTES: ANY UNDERGROUND UTILITIES SHOWN HEREON ARE BASED SOLELY UPON INFORMATION PROVIDED BY OTHERS. TOUMA ENGINEERS DOES NOT ACCEPT RESPONSIBILITY OR ASSUME LIABILITY FOR THEIR 'ACCURACY OR COMPLETENESS. CONTRACTOR IS RESPONSIBLE FOR THE DISCOVERY OF EXISTING UTILITIES AND FOR LOCATING THEM. q - c 2- GAS LINE G G G G atnr C-2 2�7a1.Io A. en na.0 raa• nw f ]ms. Bart }ee.tA I 3 \ 1C I Ni IN USE AvuAL. G � G w.( . rry . f.Mt „rL i'`LLf fr1 IL” G} 1\Ti`6 t r +t: �` .r. "" srf a wrr rJ. t I' rricrrn >w.er.rrwM ` ° � C CY r. ♦e` hf ILL d ,r+r'L I� rrfr, „i aim sTrn r�{L � r G» r, ...n rr n ,.°•.+.r.a ii5 'N161Y •-.' +p nr 1 Z Ie{. z ` .: 0 If �' ea � (� T° [ 1 oi• t u � z, j � yf ` o,^ fro,4, .x�rm � `.'3 r s rsu on° r <Y <b. p • ,, , ' 1 4 m ' rl yf4� ,M1tf\ �,. y1L' [ rr•rr. � °r, L`f` r• .e`e._n�.` Ri.1 < `� o" I p o° I p.P' i y6B`7 ^Y 4" 1 "`0 r,,LL •r Z Rf,r ;_ � i rM 9 � ° LAY " t fc ! r -Qi -.. ..I T 0 .�• 9 wa 6 � 00° W re� �I�cr�'� � FyL _ I I � °J ` " .r•Jr. ' arr''r '' r� r. < • .__ v igL,�p, .. � k °rLi° , f � y��l t,r:,yy+ iLLlrn �r;i� a� Y�or. h °,•''o Z'°O9,° �,J ,"ft'+ °e � � + �� • fw •• • •prflJr n 0 `�J r T p ro '� o`` S �1 �' f ° : i ; bog ' l _ .y •.i �°0 Y ltt.=._� tttCei.v �•p K\,C x {{ o G � '�f"` Ei 'k, p4.r � L - °° ' + 1 r B 1v •. L _- � rf/r ; C .ls �iJ14 Z ��cL,"H 1 61 '3' N a : i•'•t:�^.tuff. r l eerJ • ^ p• Gb q• ♦ 4 ' 1,'BC ° a IuI/1 r .d prir fp° AA '�°,y X � : .7. ,,. �°. ! t : op. ti � 'y� tv 4°° h ° i drr • d �r] � 0 '•� a qm o _ Z Vj� �' ...9 B� �' 4 i £ h � I 1 n � " L°r /' t\\LGG`I� `w.Jfr : -`r •P �8 °`"L c1 d+ 1 { Law Z.. r<'' i r OTa°pf °,L • O .fL°4~ :.' ' .v'�y o yFf, art a •+ fi'r. a,rPe 1/°� L• o° aim I J, •' �H�'4. .Ofq . �rllr° y0° I ' Lrrr QLLOL 1<�eelM1 ° rJ r,J °h . •4L .. '\G ` fr.' ' � '] .. '` = �:,l,.E.. ,"..1:_' • IV l r L`+i am M1 rb• p'. rLf Lr I Oool rl101f �= L It y,r 0°pb :.•°Lm Y I, t l D° yel L by o :b 1'L •^flll'L.4 Iol.. .� 9 p '. q'I - 01 -�_ `.r t °r v Lr ,+, --- 1 1 .1` rd b' .. y � � fr•r / ri a ,� +r j �p. � Fj ` L � ' • fr _r>. .. :.�,....'�.. r.. F e „ Od" t ~ 1 v°` ` e I °�, rA 1 WWW •L'L .r+� ° •?° L1 � ,. ."!rrr � r'r.' B � .,q. .` .z _ (� °`° I o'0` l o` 2 I i Gf° fo °` h _. 1 fr,r .' ,er fu�/� ..k1,Ly . e1°°'1':'.•.° .'r •°IrL S/ Lr'.It ' ,� ' ' �S Z !!f r 3. L L'0' ,rT/O ILLL • • 1 ' YE' 1 frl gyp, f 'y•r• r ! �r pF?r °�,+°� '`' •. -vr• i rL I oVl L L of Jy Y• 6 zrr. $' •'� � plrr F p� F`'N1. �OZ 3 'If :, °` i' ;: 1 4 1 r •I ELO'Y: ' 1.b° p. fp'. '�1rf it{ � r.r •L• '' �'_ / 0/ � �Y 2 9 p r b• a J M ' r � � .. pr.✓ ff : �' { L1' "IL P'� f t ...!.,.. � "v I fL1l Pp n.. /,,. Do `►. ., .•.0 n.. .0 a.•.., r ., .r er op•r[ nve L, , C'rfI IA �° �T•� r1' f . 4 .r. r f •` . `E! fy{(L` r0 1}rf'r. 7 f SI ''7 a i "'1. ;I '+G Jufurrr/„ A $' 160E f' A t ► 7d-.- LC q� A'Gs " BJn-lslr vivo"f L rn (— 1S N1O2 3N f n or•r � i arm ?f + '3 'N .� � ••• ..r a e l . pr ff'fB ^�� !aol, [ nR � zn IyyL'y • ••E �V21'r 0 nmerw5 pi lvid LUDN9 3$MO b� ! el 'OH • p � vJ f`•.: n ., �- rme .: ..., r rr grbd ed IUI yr. •r • :� �!j L�q1, • ' r ' � � • rrc°Li`�`l� l •ri xn'�pI ---. .. _... --- — © rr•n'r., T" I 1 0 L. N1f. ° I,rn�f:4J•T �:4r.T t O L r:!•� pgv'a f,'dar e of °•< 19 LSIZ 31V • ,rr/ ......... ", ,: ,• � AI5 D f ff ccrf ) f f r,/ ! In (;� I.°, I�yJ e ii� y14�' 0�k zEa I/P1y � O\4 I!CPy' n tp I� b°r' �P01 6�OM1y 'i PqL O1 r all rr�r. i L � o'of• '�0^ 3,0 ' f � Y �. fir` S �fx �• i1 l •f• 21 ` ►°:� .on�e.�1d1: C°LC` r � eiis'1 bl ; V. V. 'f 01 ' • •�°rL • �• °y0,�°L �, �i :t m'[1j1'' is 1 a I °p06L 77 4. . ',''T ° n Al 1--1 t °•ev Tr . co n II 1 1101 °i�et n " r •1� m aa . 6°` 1 � oral • yR ly � c r,�oa. B ° c°`V � 6 C `I 3r A \r.d. l ^A P qLtiy5 , 1,b `J G,` ®�Df 7U \ © �---�1 ! i`'° u ` L..rrrn ; e°rc , moral♦ YJ'.p '. °IT Lo`it:X"r � • l—JsF si fr1ff' �ihgF)°ez r0• 'iJJ l, : '2.?r •� Or'dJ rY , fPrrr ti' I. 4 II . .0. 1ik h` ICP.ddJ�• ro\ I P �. ti y' `III • P.oyq41 r �flP9dp0V�6JI1 p Otto l"P0 .°s°PJ .r eyr�r 5♦1 � 0yrI,. ; ,` o°•pyf:erl B";, f pr�,�o V ; • e t w °R� .•'I '•,.liA ♦ \y I 11 . •rr•FIJZL•. tl Y° ll t;r 1� �') 4z,ki �V-40. 1.20 ...... ......... Jones Ave. I CC) J."On.0s Ave e. iiNK, F5 R L'tL 1k !en c7k Line a 8 --,--7-- 71911vereyl I I I NE we, Ll —�i 00 _7 tj ! — —ry—� t2l NN i I I i i 1± 1 ._..1. iL z CD M co I 0 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. EDNSP Staff Contact...... Gil Cerise Subject: Endangered Species Act Assessment of City Policies, Regulations, and Procedures Exhibits: Issue Paper The City of Renton Action Plan for Protecting Salmonid Species and Habitat For Agenda of: February 10, 2003 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions..... Information......... X Recommended Action: Approvals: Refer to the Committee of the Whole Legal Dept......... Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated........' Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: EDNSP Department is proposing that the Council refer the City of Renton Action Plan for Protecting Salmonid Species and Habitat dated July 17, 2002 developed by the City Endangered Species Act Task Force at Committee of the Whole and consider for adoption. STAFF RECOMMENDATION: Council adopt "The City of Renton Action Plan for Protecting Salmonid Species and Habitat" dated July 17, 2002. Rentonnet/agnbill/ bh CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, & STRATEGIC PLANNING MEMORANDUM DATE: January 31, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Council VIA: ,��' Mayor Jesse Tanner FROM: Alex Pietsch, Acting EDNSP Administrator k(2p- STAFF CONTACT: Gil Cerise, x6578 SUBJECT: ESA Assessment of City Policies, Regulations, and Procedures ISSUE: The City of Renton has completed its assessment of City policies, regulations, and procedures in light of the listing of Chinook salmon as an endangered species under the Federal Endangered Species Act (ESA). Under this decision, any action by the City that results in a taking, defined as activities that harm, harass or pursue a species listed under the ESA, is prohibited. In many areas, the City is already conducting business in a way that does not "take" salmonids. However, some areas were identified where City policies, codes, and procedures should be updated in order to ensure no City -initiated "take" of salmonids occurs. RECOMMENDATION: Adoption of "The City of Renton Action Plan for Protecting Salmonid Species and Habitat" dated July 17, 2002, as the City's guiding document for ensuring salmonid species are not harmed, injured or taken in any way by City policies, regulations, or activities. BACKGROUND SUMMARY: In 2000, the City of Renton embarked upon an effort to identify which of its policies, regulations, and activities carried the risk of potentially taking or harming salmonids. A consultant was hired to conduct this analysis. As the project progressed, the City was reassured to find that most of its policies, regulations, and activities were not harmful to salmonids, and in fact, that a number of these categories were beneficial to salmonids. January 31, 2003 Page 2 Section 2 of the report is dedicated to the policies, regulations, and activities that were reviewed and found to provide protection for ESA -listed and other salmonid species. Several actions have been identified to improve the City's ability to avoid taking salmonids through its policies, regulations, and activities. A number of these actions are a continuation of things the City is already doing, such as taking an active part in regional watershed basin planning. Other activities have been identified that the City has not initiated and would require future work program funding and resource allocation, such as creating an inventory of and initiating a program to inspect private stormwater facilities within the City limits to ensure they are being maintained to prevent flooding and protect water quality. Summaries of all actions are located in Section 6 of the Action Plan. Among the higher priority actions listed in this section are: • Updating riparian buffer widths in the City code using best available science and biologic functions of the various buffer areas (work program begun under 2002 Budget). • Updates to the City's shoreline regulations. This work program will begin once legislation establishing a state deadline for compliance and guidelines is complete (this work program is included in the 2003 Budget). • Develop a Habitat Protection Program for Parks similar to the Portland Parks and Recreation Plan, which includes individual park plans for maintenance and operations. Funding is not yet identified. • Additional high and medium priority action items are included within the ESA Action Plan. Funding will need to be identified for several of these items in future years. The Action Plan is intended to be a guide to the City for future actions to minimize risks associated with ESA third party lawsuits. The Action Plan will be modified and updated over time as actions are successfully completed or as deadlines need to be adjusted. cc: Jay Covington, Chief Administrative Officer Derek Todd, Assistant to the Chief Administrative Officer Gregg Zimmerman, PB/PW Administrator Jim Shepherd, Community Services Administrator Lee Wheeler, Fire Chief Neil Watts, Development Services Director Lys Hornsby, Utilities Director Leslie Betlach, Parks Director Rebecca Lind, Planning Manager Ron Straka, Surface Water Utility Manager Jennifer Henning, Principal Planner John Thompson, Maintenance Manager Larry Rude, Fire Marshall Bob Mahn, Civil Engineer Issue paper to Council.doc THE CITY OF RENTON ACTION PLAN FOR PROTECTING SALMONID SPECIES AND HABITAT City of Renton ESA Task Force Renton, Washington July 17, 2002 July 17, 2002 TABLE OF CONTENTS Page No. EXECUTIVE SUMMARY i 1. INTRODUCTION 1 1.1 Development of the Action Plan 1 1.2 Proposed Goals and Objectives of the Action Plan 2 1.2.1 Goals for the Plan 2 1.2.2 Objectives for the Plan 2 1.3 Compliance Pathways and Plan Approach 2 2. CITY OF RENTON PROGRAMS CURRENTLY PROVIDING PROTECTION FOR ESA LISTED AND OTHER SALMONID SPECIES 5 2.1 Critical Areas Ordinance (RMC 4-3-050) 5 2.2 Wetland Acquisition 5 2.3 Tree Cutting and Land Clearing (RMC 4-4-130) 5 2.4 Long -Range Wastewater Management Plan (1998) 5 2.5 Grading, Excavation, and Mining Regulation (RMC 4-4-060) 6 2.6 Water System Plan 6 2.7 Stormwater 6 2.8 Comprehensive Park Recreation and Open Space Plan 6 2.9 Surface Water Utility Comprehensive Plan 6 2.10 Shoreline Program (RMC 4-3-090) 7 2.11 Land Use Districts (Zoning) (RMC 4-2) 7 2.12 Subdivision Regulations (RMC 4-7) 7 2.13 City of Renton Comprehensive Plan 7 2.14 Street and Utility Standards (RMC 4-6) 7 2.15 Natural Resource Education Programs 7 2.16 Water Conservation Program 8 2.17 Solid Waste Education/Technical Assistance Program 8 2.18 Land Use Permits and Decisions (RMC 4-8) 8 2.19 Land Use Procedures and Reviews (RMC 4-9) 8 2.20 Fire Department 8 2.21 Development Services 9 2.22 Municipal Airport 9 2.23 Transportation Systems/Transportation Planning/Design/Operations - Transportation Improvement Plan (TIP) 9 2.24 Surface Water Utility 10 2.25 Water Utility/Aquifer Protection 10 2.26 Wastewater Engineering 10 2.27 Surface Water System Maintenance 11 2.28 Parks/Golf Course 11 3. PLAN TO ASSURE EXISTING PROGRAMS CONTINUE TO PROVIDE PROTECTION 12 3.1 Overview 12 3.2 Substance, Certainty, Monitoring and Adaptive Management 12 July 17, 2002 M 5 A 7 ACTION STRATEGY FOR PROTECTING SALMONID SPECIES AND HABITAT 14 4.1 Overview 14 4.2 Protection Emphasis 15 4.3 Identification of Key Habitats 15 ACTION SUMMARY 16 5.1 Commitment to Implementation 17 5.2 Action Plan Components 17 5.3 Categorical Designations - Priorities 17 5.4 Assurances 18 5.5 Funding Commitments 18 5.6 Regional Commitments 19 5.7 Regulatory Compliance Commitments 19 5.8 Adaptive Management 19 PRIORITIZED ACTION AND IMPLEMENTATION PLAN. 21 6.1 Adaptive Management 21 6.2 Salmon Conservation Planning 21 6.3 City Comprehensive Plan 21 6.4 Parks and Open Space Plan 22 6.5 Shoreline Management 22 6.6 Surface and Groundwater Management 22 6.7 Regional Initiatives 23 6.8 SEPA Substantive Authority 23 6.9 Code and Permit Review 23 6.10 Critical Areas 25 6.11 Wastewater and Stormwater 26 6.12 Tracking and Adaptive Management 27 6.13 Fish Passage/ Riparian Improvement 28 6.14 Habitat Protection 28 6.15 Public Outreach, Salmon Conservation Planning and Stewardship 29 6.16 Incentives for Private Action 30 6.17 Staff Coordination and Training 30 6.18 Volunteer Involvement 30 6.19 Construction Best Management Practices (BMPs) 30 6.20 Road Maintenance BMPs 31 6.21 Residential Stormwater BMPs 32 6.22 Historic and Current Habitat Conditions 32 6.23 Performance Monitoring 32 6.24 Regional Coordination 32 PROGRAMS REQUIRING EVALUATION TO DETERMINE COMPLIANCE WITH "NO TAKE" POLICY OR STATE AND FEDERAL LAW 33 7.1 Critical Areas Ordinance (RMC 4-3-050) 33 7.2 Wetland Protection (RMC 4-3-050M) 33 7.3 Wetland Acquisition Program 34 ii July 17, 2002 7.4 Tree Cutting and Land Clearing (RMC 4-4-130) 35 7.5 Long -Range Wastewater Management Plan 35 7.6 Grading, Excavation, and Mining Regulations. (RMC 4-4- 060) 36 7.7 Water System Plan 36 7.8 Comprehensive Park, Recreation and Open Space Plan 36 7.9 Surface Water Utility Comprehensive Plan 37 7.10 Shoreline Program (RMC 4-3-090) 37 7.11 Land Use Districts (Zoning) (RMC 4-2) 37 7.12 Subdivision Code (RMC 4-7-010) 37 7.13 City of Renton Comprehensive Plan 38 7.14 Street and Utility Standards (RMC 4-6) 38 7.15 Natural Resource Education Programs 39 7.16 Permits and Decisions (RMC 4-8) 39 7.17 Procedures and Review (RMC 4-9) 40 7.18 Fire Department 40 7.19 Development Services 41 7.20 Municipal Airport 41 7.21 Snow and Ice Removal 41 7.22 Flushing/Power 41 7.23 Floodplain Regulations 41 7.24 Water Utility 42 7.25 Wastewater Utility 42 7.26 Stormwater 42 7.27 Water Utility/Maintenance 42 7.28 Parks and Golf Course 42 7.29 Recreation 43 Background Documents • Assessment of Existing Policies, Plans & Programs to Protect Chinook, Bull Trout, Other Salmonids & Their Habitats (April 2001) • Buffer White Paper • Impervious Surfaces White Paper • Aquatic Buffer Model Ordinance from the EPA Office of Water • Best Management Practices Framework for Maintenance and Repair of Water and Sewer Utilities in and near Wetlands and Streams • Bibliographic report as produced from the Urban Issues ESA Document Database on Topics Relating to Impervious Cover • Bibliographic report as produced from the Urban Issues ESA Document Database on Topics Relating to Buffers • Chesapeake Bay Riparian Handbook: A Guide for Establishing and Maintaining Riparian Forest Buffers • Design of Forest Riparian Buffer Strips for the Protection of Water Quality: Analysis of Scientific Literature • Erosion and Sediment Control/Grading Model Ordinance from the EPA Office of Water • Existing 4(d) Limits • Integrated Pest Management Plan iii July 17, 2002 • Model Post -construction Stormwater runoff control Ordinance from the EPA Office of Water • Model Surface Water Ordinance from the EPA Office of Water • Oregon Department of Transportation Routine Road Maintenance Water Quality and Habitat Guide Best Management Practices • Regional Road Maintenance Endangered Species Act Program Guidelines • Salmon Conservation Planning: Habitat Recovery Efforts in Water Resource In Inventory Areas (WRIAs) 7, 8, and 9 • Seattle's Urban Blueprint for Habitat Protection and Restoration Review Draft • The Tri-County Model 4(d) Rule Response Proposal (Biological Review Draft) 1v July 17, 2002 EXECUTIVE SUMMARY The City of Renton Action Plan for Protecting Salmonid Species and Habitat documents City policies, regulations, and activities that influence salmonids and their habitat and includes recommended actions to minimize impacts to salmonid habitat. This Action Plan provides the City with a roadmap for achieving its "No Take" policy with regards to ESA -affected salmonids that use the City's water bodies. The Action Plan is focused on protecting the functioning salmon habitats and addressing significant chinook habitat improvement opportunities. The Plan is habitat -oriented because City of Renton operations do not include the other identified factors contributing to the decline of listed species (harvest management, hatcheries, and hydroelectric facilities). The City of Renton's current actions are built on a solid foundation of regulations, programs, and activities designed to serve many public purposes, including protection of habitat and water quality. In many ways, City of Renton programs are similar to those of other local governments in western Washington; however, Renton has implemented several additional programs that have been particularly important for protecting fish and wildlife habitats: • An active wetland acquisition and habitat mapping program has protected more than a thousand acres of important chinook and bull trout habitat areas. • Comprehensive Plan policies that have largely maintained river floodplains in low density land uses. • Comprehensive plan policies and city regulations have been adopted to protect the areas most crucial for chinook, including streams, riparian areas, wetlands, shorelines, and floodplains. • Several salmon enhancement and habitat restoration programs, including spawning channels. Many of these projects also have strong monitoring and evaluation processes. Forty-five prioritized actions have been identified through this Plan. When implemented, these actions will contribute to the preservation of ESA -listed salmonids and compliance with the City's "no take" of salmonids policy. These actions include, but are not limited to: • Assigning a coordinating and monitoring responsibility within the City to ensure that actions are completed in a timely manner, efforts are coordinated City-wide and to report on progress in achieving the City's "no take" policy of salmonids. • Actively participating in regional salmon conservation efforts, particularly those based on a watershed -wide (WRIA) level. • Ensuring salmonid conservation policies are in place in the City's Comprehensive Plan and that no policies directly contradict salmonid conservation. July 17. 2002 • Updating critical area, shoreline, and stormwater management regulations with best available science, filling in identified gaps and improving monitoring systems to ensure that critical salmon habitat areas are protected. • Updating the City's functional plans (i.e., various utility plans, Parks 8v Open Space Plan, etc.) to recognize the needs of ESA -listed salmonids and update sections to reflect the City's "no take" of salmonids policy. • Modifying identified City activities (through procedural and/or training manuals) to meet the City's "no take" of ESA -listed salmonid species policy. • Identifying and acquiring (either as a City or through regional efforts) functional salmonid habitat for preservation within the watershed. • Contributing to public education on salmonid conservation through public education efforts, city training programs and city communication tools. • Undertaking comprehensive habitat data collection, assessment, and monitoring efforts to ensure that actions taken by the City are meeting the City's "no take" of salmonids policy and that actions are based on best available science. Several of the efforts listed in this Plan are already underway, or scheduled to begin in the near future. The action items identified within this Plan represent an on -going commitment to achieving a balanced environment in which the City of Renton can continue to grow while avoiding impacts to ESA -listed salmonid species within the City's watersheds. ii July 17, 2002 1. INTRODUCTION 1.1 Development of the Action Plan The March 2000 listing of Puget Sound chinook salmon (Oncorhynchus tshawytscha) as threatened under the federal Endangered Species Act (ESA) (64 FR 14307) was a catalyst for regional and local jurisdictions, and the entire state of Washington to take proactive steps toward the protection of the species. The November 2000 listing of bull trout (Salvelinus confluentus) (64 FR 58910), potential future listings of other Puget Sound salmonids, and additional regional listings have reinforced the urgency of these multi jurisdictional actions. Many jurisdictions in the Puget Sound are developing early action responses to the chinook listing. The City of Renton has conducted a programmatic assessment (Report to City of Renton, April 2001), which includes a review of the City's activities, policies and regulations and their interactions with salmon habitat, and has developed a proposed plan to address these interactions. The City of Renton Action Plan (the Plan) includes a wide-ranging set of actions which, when implemented, will lead to the protection of salmon across all City programs, activities, policies, and regulations. The Plan prioritizes actions based upon the April 2001 report and on a set of criteria enabling a phased and deliberate approach. The Plan seeks to deal effectively with the most important issues within the first few years while phasing in all other measures over the ten year period of the Plan. The goal of the Plan is to develop a credible and substantial process that provides immediate salmon conservation while allowing time to develop more comprehensive salmon conservation measures that are consistent with the overall City goals, WRIA salmon conservation planning efforts, and other mandates of state and federal law. City policies and practices were initially reviewed in general department/program areas, resulting in over 45 recommended actions. Dividing the review into as many categories as practicable allowed for more complete coverage (Report to City of Renton, April 2001) and identification of potential response actions. Subsequently, the action plan represented in this document groups areas receiving similar recommendations to expedite implementation, define tasks and distinguish priorities. Recommendations for City policies and practices are therefore grouped into 24 non -departmental areas, and could be further consolidated depending upon the City of Renton's management approach. The City also intends to use the Plan to effectively anticipate departmental needs and budget for overall implementation. Coordination of this plan with the Water Resource Inventory Area (WRIA) planning process and other regional initiatives will allow synchronization with basin -wide strategies and adaptability over time. Thus, as new science and guidance become available it can easily be incorporated into the City's overall process. July 17, 2002 1.2 Proposed Goals and Objectives of the Action Plan 1.2.1 Goals for the Plan Recommended actions described in the Plan • Contribute to the persistence of existing habitat functions and the improvement of additional habitat functions, sufficient to support sustainable, salmon populations; • To the extent it is within the ability and authority of the City, emphasize conservation of listed salmonid species habitat and avoid "take" consistent with the ESA, thus avoiding the need for regulatory actions and third -party actions; and • Allow for City programs, policies, and activities to continue to serve the citizens of Renton. 1.2.2 Objectives for the Plan • Act cooperatively to implement a responsible, comprehensive, science - based conservation plan, providing a credible response to federal ESA listings of Puget Sound chinook salmon through avoiding "take" of salmonid species; • Protect the rivers, streams and riparian habitat, based on the best available science; • Meet the "no take" policy in harmony with our population growth and economic prosperity; • Reach for a better understanding of all water resource interests, including the needs and life cycle of salmon; • Avoid economic disruption to the greatest extent practical; • Assure adequate water supplies and good management of the public's precious water resources; • Develop and implement a salmonid conservation strategy resulting in "no take" of salmonids in response to any listing under the ESA based on partnerships between governments, tribes, economic interests, and the general public; and • Ensure that the City's response to the ESA listing of chinook salmon contributes to a long-term salmonid fishery and maintains the viability of the daily and long-term City operations and programs. 1.3 Compliance Pathways and Plan Approach There are several options leading to regulatory compliance with ESA available to the City at this time. These are: 2 July 17, 2002 1. Section 9 (avoid "take") approach. This approach relies on implementing plan elements sufficient to avoid "take" as defined under the ESA. Take is generally defined as activities that "harm, harass or pursue" species listed under the ESA. The definition of "harm" has been broadly defined and interpreted and applies to alteration of critical habitat and behavior of the species. Because of this broad interpretation, the City must both ensure that full implementation of elements of the Plan occurs and that all actions are adequate to avoid "take" in all instances to protect itself from regulatory action and third - party action allowed under the ESA. 2 Section 4(d) approach. This approach requires consultation with NMFS and USFWS. The pathway for compliance under Section 4(d) of the ESA requires development of a "Conservation Plan" with formal submission to the federal agencies, publishing in the Federal Register and public review. Use of the existing limits also falls into this category and can be applied on a case -case basis. Currently, there are 13 take limits in the NMFS 4(d) Rule. They comprise two categories of programs: (1) those programs that NMFS has already found will minimize adverse impacts on threatened fish or contribute to their conservation; and (2) other activities that NMFS may evaluate for a take limit in the future, along with general principles that must be met for each. The 13 take limits include the following categories of activities: o ESA permit under section 10 (Habitat Conservation Plans); o Ongoing scientific research conducted by or coordinated with state fishery agencies; o Rescue and salvage actions; o Fishery management; o Artificial propagation programs; o State and tribal resource management plans; o Scientific research permitted or conducted by states; o Habitat restoration; o Water diversion screening; o Routine road maintenance; o Portland Parks Integrated Pest Management; o MRCI (municipal, residential, commercial and industrial) development and redevelopment; and o Forest management in Washington (State Fish 8v Forest Report). 3. Section 10 Habitat Conservation Plan (HCP) approach. This approach seeks to gain an incidental "take" permit for any and all activities covered under a fully functioning and approved Habitat Conservation Plan. 3 July 17, 2002 All options presented above are available to the City. However, the actions represented in this plan follow the Section 9 (avoid "take") approach. Under Section 7 of the ESA, individual Biological Assessments are still required for activities and projects requiring federal actions (permits), or if federal funds are involved. Under ESA whenever a "federal nexus" is present, individual activities must be assessed for compliance under the ESA. Implementation of the Action Plan does not remove this requirement for the City. The City may adopt individual programs or program elements under a set of existing ESA exemptions to address many of the actions outlined in the existing plan. ki July 17, 2002 2. CITY OF RENTON PROGRAMS CURRENTLY PROVIDING PROTECTION FOR ESA LISTED AND OTHER SALMONID SPECIES The City of Renton currently has programs, policies, regulations, and activities in place which provide protection for ESA listed and other salmonid species within the City limits. These programs, policies, regulations, and activities are briefly listed below. 2.1 Critical Areas Ordinance (RMC 4-3-050) a. Aquifer Protection Area regulations. b. Regulations protecting endangered and threatened species, and their essential habitat. c. Native Growth Protection Act - long-term protection for critical habitat and buffers. d. Flood hazards - allows city to remain in National Flood Insurance Program (NFIP). e. Wetland protection regulations (RMC 4-3-050M) • City policy - no net loss of wetlands or associated buffers. • Specific in classification of wetlands and mitigation requirements. 2.2 Wetland Acquisition a. Four objectives: preserve open spaces, prevent loss of wetlands, use for mitigation in Capital Improvement Projects (CIPs), and provide educational opportunities. 2.3 Tree Cutting and Land Clearing (RMC 4-4-130) a. Critical habitats and buffers protected. b. Development permits have tree cutting and land clearing plans, retaining as many trees as practicable. c. Penalties associated with violations. 2.4 Long -Range Wastewater Management Plan (1998) a. Increased I/I control, elimination of septic systems where necessary, removal of pump stations where gravity is viable alternative. b. May decrease contamination of groundwater and possibly surface water c. May allow for increased groundwater flow to surface water, improving base flows. 5 July 17, 2002 2.5 Grading, Excavation, and Mining Regulation (RMC 4-4-060) a. Includes aquifer protection, prevention of runoff carrying silts to surface waters. b. Includes accepted standard requirements for site designs. 2.6 Water System Plan a. 1998 Water System Plan that includes water supply planning, demand forecast, service area, groundwater protection, water conservation, water rights and water quality regulatory compliance, operation and maintenance of the system, financial capability, and capital improvement facilities plan. b. Cedar Valley Aquifer has "sole source" designation from EPA; City of Renton has an Aquifer Protection Code with an aquifer protection area overlay. c. City of Renton participates in regional water supply planning and forums to address changes in drinking water standards and ESA requirements. 2.7 Stormwater a. Adopted Stormwater Design Standards (RMC 4-6-030) to control Stormwater runoff quantity, protect water quality, and prevent erosion. b. City of Renton required to comply with the Federal Clean Water Act's National Pollutant Discharge Elimination System (NPDES) Phase II storm water permit program by March of 2003. 2.8 Comprehensive Park Recreation and Open Space Plan a. Plan includes discussion of fish and wildlife present in Renton. b. Salmon viewing and interpretive displays at identified locations. 2.9 Surface Water Utility Comprehensive Plan a. 1995 (draft) plan written to guide Capital Improvement Projects (CIPs), includes water quality conditions, drainage system inadequacies, staffing and funding needs, and education programs. NI July 17, 2002 2.10 Shoreline Program (RMC 4-3-090) a. The Shoreline Master Program (SMP) protects City shorelines and shorelands from incompatible development. 2.11 Land Use Districts (Zoning) (RMC 4-2) a. Includes a Resource Conservation Zone that protects critical areas. b. Zoning code allows flexibility for environmental protection. c. Zoning code and maps are updated annually. 2.12 Subdivision Regulations (RMC 4-7) a. Under RMC 4-7-010, section D, when in conflict with other codes, the more restrictive standard for development applies. b. Environmental Consideration (RMC 4-7-130): Goals to preserve drainage, protect groundwater, prevent erosion, and preserve trees and natural vegetation. 2.13 City of Renton Comprehensive Plan a. Adopted in 1995 with amendments in following years, consistent with Growth Management Act objectives. b. Plan contains discrete "Environmental Element" with objectives and policies for surface water, groundwater resources, rivers and streams, wetlands, flood plains, fisheries and wildlife, air quality, and geologic hazards. 2.14 Street and Utility Standards (RMC 4-6) a. Drainage and utilities plans required for building permits. RMC 4-6-030 defines drainage plan requirements, methods of analysis and design standards. 2.15 Natural Resource Education Programs a. Nine discrete programs administered by the Planning, Building and Public Works Department. b. Programs are in four general areas: water quality, groundwater, water conservation, and solid waste. 7 17, 2002 2.16 Water Conservation Program a. All water education programs address conservation. b. Use of the King County compliance language. c. Customer assistance in reducing consumption. d. Source and service meters, leak detection surveys, water main replacement program help increase conservation efforts. 2.17 Solid Waste Education/Technical Assistance Program a. Includes education and technical assistance for recycling, waste reduction, composting, household hazardous waste reduction, and integrated pest management. 2.18 Land Use Permits and Decisions (RMC 4-8) a. Procedures for land use and development applications are compliant with state regulations, which are updated for ESA requirements. b. Contain comprehensive definitions for geotechnical and wetland delineation and mitigation reports. 2.19 Land Use Procedures and Reviews (RMC 4-9) a. Permit and review criteria for Aquifer Protection Areas is comprehensive - even activities not requiring a permit may be regulated under Critical Areas regulations. b. Environmental review will include WA Department of Ecology review if new exemption levels are proposed. c. Permits are explicitly conditioned to protect ESA listed species. d. Shoreline Permit enforcement and penalties are explicit. e. Conditional Use Permits trigger environmental review, unless action is SEPA-exempt. 2.20 Fire Department a. Fire Department environmental effects include water runoff from fire fighting events and from truck washing. Fire fighting procedures also require blockage of storm drains to prevent spread of hazardous (especially flammable) materials. July 17, 2002 b. Fire Department is also responsible for hazardous materials emergency response. Environmental protection is achieved through training and, in the event of an emergency, absorbing or blocking a spill. 2.21 Development Services a. Reviews development proposals for compliance with zoning, development, and critical area regulations. Includes enforcement of critical area regulations. 2.22 Municipal Airport a. Grounds maintenance includes mowing, trimming, and applying pesticides. Pesticides applied by certified personnel in accordance with instructions and weather conditions b. Maintenance activities minimized within 300 feet of Lake Washington and Cedar River. c. Seaplane dock and ramp cleaning: dirt, slime, and bird droppings accumulate on the beaching ramp and are washed off using a hose and pressure nozzle. d. Airport buildings, facilities, and structure maintenance: work more extensive than routine maintenance would require coordination with Development Services Division and, when necessary, SEPA checklist application. e. Storm drain cleaning: debris and sediment removed to off -site disposal area preventing their entry to receiving waters. f. Safety maintenance and operational activities: pavement inspection, lighting and navigational aids, bird harassment, etc. g. Pavement maintenance follows standardized procedures: patching, painting, coating, sealing. h. Capital improvements: coordinated through Planning/Building/Public Works Department and subject to SEPA review. 2.23 Transportation Systems/Transportation Planning/Design/Operations - Transportation Improvement Plan (TIP) a. Planning, pre -design, and design include identification of and mitigation for potential environmental impacts. b. Grant applications: allows for financing to update facilities to current standards. 9 July 17, 2002 c. Planning and programming: allows for transportation to serve land use changes and employment growth. d. Concurrency: testing to see if development will create additional traffic demands, goes through SEPA review. e. Commute trip reduction: objective to reduce single -occupancy vehicle (SOV) trips, ancillary benefits for surrounding ecosystem. f. Design guidelines, project development/pre-design, design, contract specifications, procedural manuals and standards, construction: standard practice design manuals from state and federal agencies serve as guidelines for project implementation, reducing variability in plan and design. g. Mitigation wetland monitoring and maintenance for wetlands enhanced or constructed because of disturbance resulting from City -sponsored construction projects. h. Operations and maintenance: traffic signals, poles, signs, curbs, crosswalks, centerlines, etc. 2.24 Surface Water Utility a. CIPs: regulatory and agency environmental review for impact to salmonids is part of the planning process. b. City of Renton is participating in the development of WRIA 8 and 9 Salmon Conservation Plans, coordinating with other agencies on surface water and fisheries issues. c. Education Programs, Flood Hazard Monitoring, Storm System Inventory, Interjurisdictional and Agency Coordination, Development Review and Approval for projects' storm systems, Storm System Planning and their effects on flooding, fish habitat, wetlands, etc. d. Stream flow monitoring provides database on stream flows and wetland stages that will inform future project design. 2.25 Water Utility/Aquifer Protection a. Aquifer Protection Program includes adoption of Aquifer Protection Ordinance including regulated aquifer protection overlay area and hazardous materials database, compliance with state wellhead protection requirements, Cedar Valley Sole Source Aquifer designation, Aquifer Awareness Education Program, Aquifer Management computer modeling, and groundwater monitoring. 2.26 Wastewater Engineering a. CIPs: planning and design includes environmental reviews for potential impacts to salmonids 10 17, 2002 2.27 Surface Water System Maintenance a. Line maintenance, catch basin cleaning, and manhole cleaning: sediments and debris collected and disposed rather than allowed into surface or stormwater system. 2.28 Parks/Golf Course a. Mowing, raking, other maintenance done outside most watercourses. b. Pesticide applications follow label instructions and state regulations. c. Maplewood Golf Course Environmental Stewardship Program 1. Best Management Practices 2. Integrated Pest Management Plan 3. Water Quality Testing d. Parks Maintenance Operations Manual 1. Natural Resource Management Plan 2. Maintenance Standards and Frequencies by Location 11 July 17, 2002 3. PLAN TO ASSURE EXISTING PROGRAMS CONTINUE TO PROVIDE PROTECTION 3.1 Overview The action plan is focused on protecting the functioning salmon habitats and, addressing and identifying significant chinook habitat improvement opportunities. The program is habitat -oriented because City of Renton operations do not influence or impact the other identified factors contributing to chinook decline (harvest management, hatcheries, and hydroelectric facilities). The City of Renton's current actions are built on a solid foundation of continuing regulations, programs, and activities designed to serve many public purposes, including protection of habitat and water quality. In many ways, City of Renton programs are similar to those of other local governments in western Washington; however, Renton has implemented additional programs that have been particularly important for protecting fish and wildlife habitats including: • An active wetland acquisition and habitat mapping program has protected more than a thousand acres of important chinook and bull trout habitat areas. • Comprehensive Plan policies that have largely maintained river floodplains in low density land uses. • Comprehensive plan policies and city regulations have been adopted to protect the areas most crucial for chinook, including streams, riparian areas, wetlands, shorelines, and floodplains. • Several salmon enhancement and habitat restoration programs, including spawning channels. Many of these projects also have strong monitoring and evaluation processes. 3.2 Substance, Certainty, Monitoring and Adaptive Management These four principles have guided the City of Renton programmatic review and action plan efforts to date. National Marine Fisheries Service (NMFS) has identified these elements as key planning concepts for ensuring plans have adequate detail; that actions have some form of plausible implementation mechanism; have the attributes necessary to observe and document effects of actions; and the ability to change or modify plans and/or actions as dictated by the monitoring program. The following actions will ensure that the benefits and protections offered under this action plan continue. An assigned responsibility for a City ESA Coordinating entity to monitor action plan implementation, coordinate data collection, report on progress, contract with outside expertise as necessary, and facilitate and participate in regional ESA forums; 12 July 17, 2002 2. Obtain relevant scientific expertise to guide implementation of Action Plan; 3. Fiscal planning effort to ensure stable funding of ESA related programs; 4. Annual review and progress report on action plan implementation; 5. Expansion of training programs to all City employees; 6. Development of an internal and external ESA information network; 7. Initiation of discussions with state, federal and tribal governments; and 8. Public outreach and education describing existing and future City response programs. 13 July 17, 2002 4. ACTION STRATEGY FOR PROTECTING SALMONID SPECIES AND HABITAT 4.1 Overview This action program includes a schedule of more than 45 salmon conservation measures, many of which are underway in 2002. The full program envisions completing all activities systematically over the course of the plan. The intent is to phase in actions according to their priority rating based on their benefit to salmonids and their habitat. High priority actions are intended to provide immediate and significant salmon conservation while allowing time to implement a more comprehensive set of salmon conservation measures through watershed -based salmon conservation plans. Although chinook live in rivers and large tributaries, the entire watershed that drains. to these areas influences chinook habitat. The action program is applied to City operations throughout the watersheds within the City limits rather than specific river reaches. This action program complements the efforts of the regional watershed planning and conservation initiatives that cover the entire Cedar and Green River Watersheds. The program is intended to protect and contribute to restoration of: • Natural flow patterns; • Complexity and connectivity of stream channels and floodplains; • Riparian and floodplain forests; • Cold clean water; and • Quantity and quality of lake and near shore habitats. Although the numeric habitat thresholds necessary for productive salmon habitat continue to be debated, there is broad consensus that salmon require: • Cool, clean, well -oxygenated water, • Instream flows that mimic the natural hydrology of the watershed, maintaining adequate flows during low flow periods and minimizing the frequency and magnitude of peak flows (stormwater), • Clean spawning gravels not clogged with fine sediment or toxic materials, • Instream pools that will support juvenile rearing and resting areas for returning adults, • Abundance of instream large woody debris, particularly large key pieces, that provide cover, create pools, and provide habitat diversity, • Unobstructed migration for juveniles and adults to and from their stream of origin, • Broad, dense riparian stands of mature conifer that provides cover, shade, large woody debris recruitment, etc., and 14 July 17, 2002 • Estuarine conditions that support production of prey organisms for juvenile outmigrants as well as for rearing and returning adults. 4.2 Protection Emphasis Because the City of Renton has limited areas of functional habitat that support salmon, the proposed early actions give primary emphasis to conserving and contributing to improvement of those habitats, while identifying priority areas for protection. Most citizens will recognize City construction of habitat projects as restoration -oriented, but many may not realize that most salmon conservation tools available to local governments are protection -oriented. The early action program uses these tools to achieve protection through regulations that require measures to avoid habitat damage, a strong enforcement program that deters critical area regulation violations, acquisition of key habitat, and educational forums to educate the public on protective practices for private properties. 4.3 Identification of Key Habitats Restoration of damaged habitat is a secondary, but important, strategy. Habitat restoration projects are targeted at the habitat elements that may limit fish production. Chinook need access to sloughs and side channels, particularly in rearing and over wintering areas. Capital projects proposed through the WRIA process help re-establish these essential connections between rivers and their historic floodplains. Capital projects will also remove impediments to fish migration and provide the complexity in channel structure needed for pools and cover. 15 Julv 17, 2002 5. ACTION SUMMARY The following are highlights of the proposed action program: Comprehensive plan policies and planning initiatives are an essential first step toward establishing habitat protection as a consistent priority for City programs. This first step complies with state law that requires local land use regulation to be consistent with comprehensive plan policy. Through new policies and subsequent regulatory changes, protection of key habitats can be strengthened, and human activities that affect aquatic and riparian habitats will be better managed to achieve salmon conservation. A program of science -based watershed planning through the WRIA process will evaluate habitat conditions in each of the City's major river watersheds and involve the community in developing a comprehensive long-term plan for salmon conservation. This plan will develop the technical foundation for more effective action and build the community partnerships needed to ensure certainty of implementation. Regulatory initiatives will focus on protecting the watershed areas and elements that most directly affect chinook habitat including streams, wetlands, shorelines, stormwater, riparian areas, upland forests, and floodplains. As a result of these regulatory initiatives, protection of habitat can be strengthened and human activities that affect aquatic and riparian habitats will be better managed to achieve salmon conservation. Establishing priorities for enforcement, addressing violations, and creating greater disincentives for harming critical habitat will strengthen enforcement of regulations to protect aquatic systems. Ensuring that habitat -related regulations are properly followed helps to protect the City's water resources and reduces the need for long-range expenditures to repair damaged habitat. Capital construction and land acquisition initiatives will protect key functioning habitats and restore disconnected and damaged habitat. Salmon will gain better access to key spawning, rearing, and over - wintering areas such as stream reaches with clean gravel, sloughs, wetlands, and side channels. Early actions would target protection and restoration of key habitats identified on a watershed basis through the WRIA process. • Outreach and incentive programs will create partnerships between the City, citizens, and businesses to protect salmonid habitat. This will leverage the talent and initiative available in the private sector, result in better daily stewardship, and encourage direct investment of time and resources in habitat protection projects. • A maintenance and operation program will apply current science to best management practices used in City construction projects and long- term operation of City facilities. Sound construction practices and 16 July 17, 2002 proper maintenance of stormwater conveyance and detention systems protect salmon streams from sediment and other pollutants. Proper maintenance protects water quality and prevents streambed damage from excessive runoff after storms. • Monitoring and adaptive management will provide ongoing monitoring of habitat conditions and assessment of the effectiveness of the City's salmon recovery actions. Results from monitoring and work plan tracking will be used to periodically update the action program to ensure effectiveness. 5.1 Commitment to Implementation The City of Renton has made several commitments to ensure that this action program is implemented. The City has been a leader in regional and watershed planning efforts to respond to the chinook listing. It has created a City ESA Task Force to develop and guide City salmon conservation efforts. And, the City has provided funding and staffing to support, review, and respond to planning actions. Through these commitments, this early action program takes an important first step on the path to chinook conservation. 5.2 Action Plan Components 1. Activity and Priority. Gives a reference number and assigns a relative priority (see section 5.3 for definitions and overall guidance on implementation) 2. Action Item. Short narrative describing action to be taken. 3. Specific task guidance. Description of process to develop and implement program, guidance, criteria or policy. 4. Schedule. Describes when activity should be initiated over the term of this action plan. Related to priority designation. 5.3 Categorical Designations - Priorities Definitions of action categories: High: Actions in this category are recommended to address City activities that have been identified in the ESA Programmatic Assessment as having a high likelihood of `taking' (as defined under Section 9 of the Act) of ESA -listed and other salmonid species. A formal biological assessment of this activity would likely produce a "...likely to adversely affect" determination requiring mitigative actions. 17 July 17, 2002 NOTE: Items in this category should be addressed first and, in sum, could be characterized as the City's "Early Action" response program. Additional recommendations in this category ensure that the infrastructure processes for implementation and monitoring exist. Medium: These actions are recommended to address City policies, regulations, and/or activities that have been identified as having probable or cumulative negative effect on ESA listed and other salmonid species. "Take" is likely occurring and a formal biological assessment of the activity could produce a "...likely to adversely affect" determination and require mitigative actions. Additional recommendations in this category ensure that the infrastructure processes for implementation and monitoring exist. NOTE: The planning and implementation timetable for these actions may be more gradual than those listed as high priority actions. Lower: These actions are recommended to address City activities that have been identified as having possible cumulative effects on ESA listed and other salmonid species. A formal biological assessment of this activity may result in a "no effect" or "not likely to adversely affect," however, the collective effect of taking no action on the sum of all actions in this category could result in "take" under a rigorous interpretation. NOTE: Items under this category should be evaluated case by case on a cost to benefit or cost: risk ratio. All items in this category should be addressed over the life of this plan. Additional recommendations in this category ensure that the infrastructure processes for implementation and monitoring exist. 5.4 Assurances This action program is supported by several commitments that provide assurance that salmon conservation action and work program tasks are completed in a timely manner. Recommendations include commitments to staffing (ESA Coordinator), funding, regional cooperation, science -driven watershed/ecosystem approach, and compliance with regulatory requirements. 5.5 Funding Commitments The City Council can provide resources to implement the action program through salmon conservation line items in future budgets. Resources will be necessary to fund action items not yet begun, as well as continue funding salmon -protective programs and activities that were already interwoven in the City's work plan prior to development of this Action Plan. Major efforts that need to be considered in funding include: • Continuing coordination, effective participation in, and monitoring of regional salmon conservation efforts, including the WRIA processes; • Identifying and acquiring priority salmon habitat; • Providing technical support and training for staff implementing salmon conservation measures; and IN 17, 2002 • Implementing funding to update and revise identified programs and regulations to avoid "take" of salmonids. 5.6 Regional Commitments City commitment to the regional Water Resource Inventory Area (WRIA) watershed planning effort has been clearly demonstrated through staff and elected official membership to date. If the City chooses to continue participation, sufficient funding and staffing levels to support the WRIA planning effort should be part of all future budgets. Tri-County, the model 4(d) process, the Puget Sound Shared Strategy and the NMFS Technical Recovery Team activities should all be monitored. Active monitoring allows the City to evaluate, based upon emergent science and actions, whether its Action Plan continues to represent the most advanced and effective course of action to protect salmonids and their habitats. 5.7 Regulatory Compliance Commitments A high level of implementation certainty can be assigned to the elements of the salmon conservation early action program that are required under state and federal mandated programs. These elements include: National Pollutant Discharge Elimination System (NPDES). As required by the Federal Clean Water Act, and new Department of Ecology (DOE) guidelines, the City implements a program that meets NPDES municipal stormwater permit requirements. The NPDES Phase II stormwater permit required in 2003 will require improvements to existing or new stormwater regulations, programs, and operations. In addition, other city activities and construction activities will be required to obtain and comply with NPDES permit requirements. 2. State Environmental Policy Act (SEPA). Many programs utilize the SEPA process to identify environmental impacts and approaches to minimize, mitigate and eliminate these impacts. 3. Growth Management Act (GMA). The City is required under GMA to update its Comprehensive Plan by 2004, including a Shoreline element in the Comprehensive Plan, and amend its critical area regulations to include best available science. 4. Forest Conversion Regulations. State law requires adoption of a forest conversion ordinance. S. Shoreline Management Master Program (SMP). State law requires amendment of the Shoreline Master Program and implementing ordinance in accordance with DOE's administrative rules. 5.8 Adaptive Management The action program includes three types of activities essential to adaptive management: 19 July 17, 2002 1. Tracking of implementation progress, 2. Performance monitoring, and 3. Work in conjunction with the regional WRIA efforts to help ensure that properly functioning habitat conditions are achieved on a watershed basis, not just at specific sites. An adaptive management approach requires that information from these three types of monitoring be used to regularly review and improve (as needed) salmon conservation actions. The Action Plan recommends three methods to build certainty into this review and improvement cycle. • Commitment to Implement. By approval of this Action Plan by the Mayor and City Council, and the appropriation of funding. • Commitment to Monitor. By committing to continue supporting the ESA Coordinating function through annual budget appropriations. • Commitment to Adaptively Manage. By supporting a science -based approach, data collection, monitoring, and evaluation programs. 20 July 17, 2002 6. PRIORITIZED ACTION AND IMPLEMENTATION PLAN. This matrix is intended to be used in conjunction with Section 7. AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement fun ding/staffing/respon sihility) 2002 Action Specific Item Action Item Task and/or Schedule Prioritv Guidance 6.1 Adaptive Management AM-1 Assign 2002-2009 High responsibilit Coordinate, monitor implementation, and y, funding report on the City's ESA work plan. Make for staff and use of qualified scientific expertise for identify developing and identifying technical criteria areas and recommendations. needing scientific expertise 6.2 Salmon Conservation Planning SC-1 Continue to 2002- High work 2005 Actively participate in preparation of salmon through the conservation plans for the Cedar/Green River WRIA basins and Lake Washington watershed (also planning called Water Resource Inventory Areas). process and Integrate these plans with other City planning provide documents. funding and/or staff. 6.3 City Comprehensive Plan CP-1 Develop 2002-2003 High Develop and add policies and objectives and insert policy (including habitat protection policies) to the language Environmental, Shoreline, and other Elements (see section of the Comprehensive Plan that address the 7.13 for ESA listed species known to use the streams detail) flowing through Renton. 21 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance CP-2 Medium Apply new salmon protection policies in Apply Y 2002-2009 comprehensive plan activities such as: policies and a. Annual Comprehensive Plan updates, objectives b. Periodic updates of Comprehensive Plan (CP-1) in elements (State mandates every seven years), activities and listed. c. Development of detailed sub area plans. 6.4 Parks and Open Space Plan P-1 Update Plan 2002-2003 High to reflect Ensure that the update of the Parks and Open salmonids Space Plan and its environmental review and addresses salmonids and salmonid habitat. salmonid habitat (See sec. 7.8 for detail 6.5 Shoreline Management SM-1 Develop 2002-2004 High Develop Shoreline Management Program SMP (See (SMP) consistent with state regulations. section 7.10 6.6 Surface and Groundwater Management SGW-High 1 Update the City's Surface Water Plan to 2003-2004 modify any current utility programs and practices to best management practices, and to Amend Plan identify any potential regulatory changes and (see sec. 7.9 Capital Improvement Projects that would benefit for detail) salmonid habitat and/or meet the City's "no take" policy. SGW-2 Low Update map of critical groundwater recharge Update map p 2003-2005 areas to be used within the context of ESA 22 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance 6.7 Regional Initiatives RI-1 Assign staff 2002-2009 Medium Participate in and monitor WRIA Planning responsibili ty, funding regional salmon conservation efforts, SMA and review, NMFS recovery planning (TRT), and evaluate the regional effort under the Puget Sound Shared Strategy. resources needed to be effective. 6.8 SEPA Substantive Authority SEPA-1 Use the substantive authority of SEPA and Began in High make necessary code changes to apply 2001 enhanced salmon protection measures to development projects and non -project actions. 6.9 Code and Permit Review CR-1 Apply new salmon protection policies 2002-2003 Medium described in the Comprehensive Plan section, and SEPA substantive authority to review and update the City's development Changes to regulations, including those related to: targeted --- zoning, codes during --- grading, excavating, and mining the annual -- subdivisions, development -- Planned Residential Developments, regulation -- open space tax incentives, update -- building, process. -- drainage, -- critical areas (including stream buffers). 23 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance CR-2 Add Restrictions to protect habitat. In Add critical 2002-2004 High section D (of RMC 4-2-010) of the Land Use Planning code: additional Restrictions on area restrictions Land Use; the list of restrictions includes (see section Aquifer Protection, but there are no dell for restrictions for any of the other critical areas detail) such as habitat, streams, or wetlands. CR-3 Protect Critical Areas in subdivision Add specific 2002-2003 Medium process. The purpose of the Subdivision "ensure language to regulations (RMC 4-7-010.B) is to protect that the public health, safety, general critical areas welfare, and aesthetics of the City shall be (see section promoted and protected..." however, this for does not include the protection or promotion detail) deta of critical areas. CR-4 High Develop clear guidance in the City's Revise Chapter 8 2002-2004 environmental policy on studies and permits and actions required in response to indirect or Decisions cumulative effects on salmonid habitat when (see section there is a decision of non -significance. 7.16 24 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance CR-5 Complete 2002-2004 High sections shown as Complete "reserved" sections in RMC 4-9 "reserved" that may affect habitat. There are many within RMC sections within Chapter 9 that are "reserved," 4-9, which several of which may be important to the limit interaction with critical areas that may protection of interact with salmonids and/or salmonid salmonids habitat, such as exemptions from permit and salmonid processes or modification to approved plans. habitat. (see sec. 7.17 for detail) CR-6 Develop 2002-2004 Medium system of Revised system to monitor compliance. identifying Ensure development and implementation of a projects and thorough system of monitoring compliance follow-up with critical area protection and/or monitoring enhancement provisions of development for projects within the City. compliance (see sec. 7.19 6.10 Critical Areas CA-1 Review City critical areas regulations Use Best 2002-2004 High (including stream and wetland buffer Available requirements etc.) 4-3-050 and revise as Science to necessary to incorporate best available develop science. Include habitat protection measures recommendat within RMC 4-4-130 (Tree Cutting and Land ions for Clearing Regulations) into RMC 4-3-050 changes to (Critical Areas Regulations) to ensure all the critical applicable regulations are in one place for areas section developers and property owners. of RMC. 25 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance CA-2 Develop 2003 Medium Conduct a field evaluation of the comprehensiv condition of regulated buffers to determine e list of sites, the effectiveness of current regulations in monitoring protecting streams and wetlands. criteria, and present report. CA-3 Tree Cutting and Land Clearing: Several Where 2002-2003 High activities are exempt from routine vegetation applicable, management permit requirements, and may modify be authorized without an associated land exemptions development permit. Review and revise these to ensure exemptions where necessary. See section 7.4 protection of for detail. critical areas. CA-4 Develop an administrative rule(s) that Modify ratios 2002-2003 Medium clarifies how the restoration and mitigation and replacement ratios are applied in the City application Critical Areas Ordinance. criteria CA-5 Modify 2003-2009 Lower clearing and Pursuant to state law, adopt forest grading conversion regulations for pre- provisions in development clearing (Class IV Forest the City Code Protection Act permits). to comply with state Paw. 6.11 Wastewater and Stormwater WS-1 Assign 2002-2003 High Review NPDES program requirements and responsibility incorporate them into City programs and . and determine plans. NPDES permit coverage is required by funding March 2003. 26 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staff ng/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance WS-2 Collect info 2003-2005 Medium M on impervious Revise the code to allow (on a surface demonstration basis) innovative studies and approaches to increasing infiltration and reduced reducing effective impervious surface in new discharge developments. development regulations. Seek demo ro'ect s . WS-3 Assign 2002-2004 High Review and revise (where needed) the responsibility City's drainage code, Engineering Design . Encourage and Development Standards, and Drainage DOE to assist Manual to be equivalent to the State local Department of Ecology's Storm Water governments Management Manual for Western with Washington Standards. Implement NPDES implementati Phase II requirements. on. WS-4 Revise 2002-2003 High Block run-off from fire training activities training entering the storm drainage system. dure (see section 7.18 WS-5 Medium Tenant Airplane Washing Facilities at Work with 2002-2004 Municipal Airport. Encourage airport tenants. (see tenant(s) to install an aircraft wash rack at section 7.20) Municipal Airport. 6.12 Tracking and Adaptive Management TAM-1 Flag code enforcement and development Create database 2002- Medium applications involving ESA -listed species in structure and 2003 databases to assist in program tracking. assign res onsibilit 27 Julv 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance TAM-2 ESA Coordinator to track overall ESA Assign 2002- High response. Produce routine progress reports responsibility 2009 on achieving the action items and meeting and staffing the City 's "no take" policy. 6.13 Fish Passage/ Riparian Improvement FPR-1 Restore salmon access. Map and document all Initiate 2002- High fragmented habitat and passage. Develop a mapping 2009 prioritized plan to address passage and riparian project. Take impacts. action based upon potential benefit to salmonids. 6.14 Habitat Protection HP-1 Develop Citywide spill response and storage Develop and 2002- High program for all hazardous materials. implement a 2004 consistent and comprehensiv e program. (see sec. 7.20 for detail HP-2 Identify priority salmonid habitat and Initiate 2003- Medium potential habitat restoration sites Citywide. mapping 2005 project to identify priority habitat and restoration sites. 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Item Priority Action Item Specific Task and/or Guidance Schedule HP-3 Add provisions to the grading, excavation and Revise 2002- High mining regulations to avoid the interrupting, Regulations 2003 diversion or change from natural surface or (see sec. 7.6 subsurface drainage patterns, require stricter for detail) erosion control standards with enhanced inspection and enforcement, and monitor the quality of the water being released from sites where work is occurring to surface waters. HP-4 Develop Habitat Protection Program for Parks. Develop 2003- High habitat 2004 protection program elements (see sec. 7.281 6.15 Public Outreach, Salmon Conservation Planning and Stewardship PO-1 Develop tools and a program for Assign 2003- Medium disseminating WRIA Salmon Conservation responsibility, 2005 Planning information to City residents. funding, Make use of the City website, cable TV market WRIA channel, and other means of communication planning and to market the WRIA Salmon Conservation Plan City efforts to development and associated public the public. involvement and education opportunities to (see section Renton citizens. Develop tools for conveying 7.15) what the City is doing in support of salmonid and salmonid habitat conservation to the public. 29 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance 6.16 Incentives for Private Action IPA-1 Consider developing incentives for private Study the 2002- Lower participation in protecting salmonids and options and 2009 enhancing salmonid habitat. Consider recommend methods, including but not limited to tax actions to be incentives, developer education, business taken. sponsorship and recognition, as well as methods for involving and recognizing citizen participation in salmonid and salmonid habitat conservation efforts. 6.17 Staff Coordination and Training SCT-1 Train City staff in habitat protection Assign 2002- Medium practices. Since habitat is the most direct responsibility, 2005 link the City has to salmon conservation, provide initiate a coordinated program to train City funding, and staff. develop program. 6.18 Volunteer Involvement VI-1 Systematically disseminate information on Assign Begin in Lower and promote citizen volunteer responsibility 2003 opportunities for salmonid conservation and develop and salmonid habitat conservation efforts. program; begin implementatio n in 2002 6.19 Construction Best Management Practices (BMPs) CBMP-1 Update Engineering Design and Development Direct effort Begin in High Standards (EDDS) that govern private and City to develop 2002 construction using best available science to standards for provide greater salmon habitat protection. salmon habitat 30 July 17, 2002 AN ACTION AND IMPLEMENTATION PLAN FOR THE CONSERVATION OF SALMONID SPECIES CITY OF RENTON (Action Item Bolded and Italicized when significant effort to implement funding/staffing/responsibility) 2002 Action Specific Item Action Item Task and/or Schedule Priority Guidance Protection. 6.20 Road Maintenance BMPs RK 1 Revise the Street and Utility Standards using Revise 2002- High the Regional Road Maintenance BMPs. standards 2004 (see section 7.14 for detail RM-2 Assess road maintenance practices based on Examine the 2002- High best available scientific information; identify and existing 4(d) 2004 implement actions to improve water quality, limits including: (Oregon) and Regional a. right-of-way conveyance maintenance, Roads b. right-of-way stormwater detention systems, Maintenance c. road sweeping, BMP's for d. sanding and deicing. guidance e. implement new practices through administrative policies as required under the EPA's National Pollutant Elimination System (NPDES) municipal stormwater permit for the City. RM-3 Utilize Regional Roads Maintenance BMP's as Examine and 2002- High a model to develop a program to trap salts implement 2003 and sand. Accumulations of salts and sand in alternatives the streets can be transported into the storm such as drain system during rain events prior to sweeping traps (see sec. operations. This material can then access open 7.21 and water bodies through storm water discharge 7.22) locations. 31 July 17, 2002 6.21 Residential Stormwater BMPs RS-1 Inventory and initiate a program to inspect all Initiate 2002- Medium private stormwater facilities to ensure that review of 2006 they are being maintained to prevent flooding and detention to protect water quality. Evaluate maintenance facilities. of private stormwater facilities, and as appropriate, adopt maintenance procedures as formal policies. 6.22 Historic and Current Habitat Conditions HM-1 Undertake assessments of watershed Develop 2002- High conditions under historic and current schedule 2006 conditions, focusing on: and begin assessment a. Impervious areas, S. b. Riparian vegetation, (see CA-2) c. Floodplain and channel modifications, d. Floodplain condition, and e. Fish distribution Assessment results can be used in HP-2 effort. 6.23 Performance Monitoring PM-1 Monitor performance of actions taken for Assign 2002- Medium capital projects, acquired habitat lands, and responsibili 2009 other early actions. Use results to evaluate and ty. improve future actions. 6.24 Regional Coordination RC-1 participate in regional monitoring work Work with 2002- Medium groups through the WRIA process to identify WRIA 2009 common monitoring protocols and coordinate planning to monitoring programs. develop effort. Ensure City has access to best available science. 32 July 17, 2002 7. PROGRAMS REQUIRING EVALUATION TO DETERMINE COMPLIANCE WITH "NO TAKE" POLICY OR STATE AND FEDERAL LAW 7.1 Critical Areas Ordinance (RMC 4-3-050) Numerous exemptions, exceptions, and modifications are allowed in sensitive areas when the applicant has a permit or letter of exemption (except in case of public emergencies). These exemptions may need to be reviewed again to incorporate greater specificity in the description of these exemptions to ensure protection of sensitive areas that could affect salmonids. The City plans on integrating the Shoreline Master Program regulations (currently located at RMC 4-3-090) in the Critical Areas section of code (RMC 4- 3-050) as part of the upcoming Shoreline Master Program update. Assessment and mitigation descriptions (requirements, options, mitigation ratios) for Habitat Conservation areas need to be more specific. The descriptions should include the requirements of the assessment; who conducts it and with what qualifications; what is required in the assessment and/or mitigation plans; and how implementation and mitigation monitoring will be accomplished after the proposed activity is implemented. Section I, Flood Hazards, should more clearly reference the requirements of the City to follow the Federal standards of the National Flood Insurance Program (NFIP). This section should also develop a procedure or policy that incorporates human, health and safety issues, and sensitive area protection as it relates to salmonids. Under section N., Alternatives, Modifications and Variances, each request should go through an environmental review by the City prior to the Department Administrator granting a modification or variance permit within critical areas. 7.2 Wetland Protection (RMC 4-3-050M) Mitigation Banking: The wetland ordinance should state that ratios for replacing wetlands will apply unless a bank is used. Users of banks will be penalized if they use direct ratios and in the case of Category 1, forested wetlands, an established bank may be the only truly effective way to mitigate for losses. Credits will be determined for individual banks based on their composition, and it is unlikely that a direct 1:1 ratio will be applicable. For those impacts that will be mitigated through the use of banks, a meeting with the City and the Department of Ecology may be warranted. This section of the Wetland regulations should be reviewed and updated to be consistent with the Draft Ecology Mitigation Bank rule and U.S. Army Corps of Engineers rules regarding Wetland Mitigation Banks. Additionally, banks must be certified by local, state and federal governments to be used for mitigation of impacts greater than 1 / 10 of an acre. 33 July 17, 2002 Exempt Activities: The wetland ordinance allows the filling of 2,200 sq. ft. of Category 2 wetlands and 5,000 sq. ft. of Category 3 Wetlands which should be reviewed against current Federal Exemption Limits (1 / 10 acre) Performance Standards: The wetland ordinance does not include a percent viability for planted vegetation within a mitigation area. Generally, a successful wetland will have 95 percent survivability of herbaceous vegetation 5 years after planting. Percentages for shrubs and trees should be at least 80 percent. The wetland ordinance should be updated to include performance standards that are consistent with or can be superceded by state and federal requirements, if a state or federal permit is required. Off -Site Compensation: There is a policy to protect habitat and ecosystems, but it does not specifically mention fish, or federal or state listed species. It may be inferred, however, that the broad policy includes these categories. Buffer Impacts: There is no clear guidance in the wetland ordinance on mitigation required, if any, if a buffer is encroached without impact to the associated wetland. If a buffer is impacted, is there any required mitigation and how is this accomplished? Enhancement: The wetland ordinance mentions that enhancement may be used for mitigation in combination with restoration and creation. Enhancement must be clearly defined. For example, if a 10-acre mitigation is planned and enhancement is part of the mitigation, it is not truly mitigation if the area is already an established wetland and a few trees are planted. Levels of enhancement could be outlined and receive more credit based on the level of effort to create a more functional wetland. Buffer averaging: The wetland ordinance allows buffer averaging which allows a decrease in the required buffer width for a portion of the wetland buffer if other buffer widths are increased to make up for the reduction. This section should be reviewed against current best available science regarding wetland buffers and revise if necessary. 7.3 Wetland Acquisition Program The City has a wetland acquisition program focusing on donated properties or properties acquired for the purpose of a planned capital improvement project. The acquisition of wetland habitat is focused on a project -by -project basis, rather than strategically structured for ecological value. The program could be improved with respect to protection of salmonid habitat by adding defined biological criteria for identifying high -quality wetland habitats and/or habitats associated with protection of endangered species within the City and prioritizing them for mitigation for projects or potential acquisition as part of an open space program. All wetlands, whether publicly or privately owned, are protected through the City's Critical Areas regulations contained in RMC 4-3-050 34 July 17, 2002 7.4 Tree Cutting and Land Clearing (RMC 4-4-130) Several activities are exempt from routine vegetation management permit requirements, and may be authorized without an associated land development permit. These include existing and ongoing agricultural activities and public road expansion. For these two exemptions there are no associated restrictions defining ongoing expansion, nor how large of an expansion is allowed. An additional exemption is the modification of existing utilities and streets by 10 percent or less. These modifications are exempt as long as the increase in the footprint of the structure, line, or street is not more than 10 percent within the critical area and/or buffer areas. Depending on the sensitivity of the critical area, and the number of expansions taking place in the same or adjacent critical areas, 10 percent may be substantial. Routine vegetation management in critical areas is restricted, but the restrictions include the riparian corridors of a minimum buffer of 25 feet from the ordinary high water mark (OHWM) of the creek or stream and a buffer of 200 feet for state shoreline areas. It is likely that, based on best available science, 25 feet provides inadequate protection in some cases. The buffer width also does not take into account any active channel migration zones that may exist on the site. The restriction for land development and building permits is only restricted for 25 feet of the OHWM of creeks, streams and lakes and other shoreline areas or within 15 feet of the top of the bank of same. Depending on location and site potential, this may be inadequate protection of streams and lakes and shoreline areas based on best available science. Native Growth Protection Areas may be established including but not limited to the following area: "buffer areas from the annual high water mark of creeks, streams, lakes, and other shoreline areas or from the top of the bank of same, whichever provides good resource protection." The term or size of "buffer area" is not defined. Right-of-way Street Tree Spacing and Location does not include guidance for situations when a street is adjacent to a stream or riparian zone. Guidelines providing protection for existing trees and plantings and maintaining trees located under these conditions would strengthen the regulation. The policy does not emphasize the importance of maintaining trees in riparian zones or the importance of woody debris to stream channels and shorelines. There are no guidelines for managing downed trees or for leaving woody debris. 7.5 Long -Range Wastewater Management Plan The Plan proposes some new sewer installations and repairs in sensitive areas and a few capital improvement projects near shoreline areas. Although many of these projects are needed to alleviate impacts to the environment, construction 35 July 17, 2002 of these projects may have potential effects on the environment. However, the plan calls for individual SEPA reviews on each proposed project. 7.6 Grading, Excavation, and Mining Regulations. (RMC 4-4-060) Under section N. Drainage; a provision should be added to avoid the interrupting, diversion or change from natural surface or subsurface drainage patterns, and to monitor the quality of the water being released to surface water from the site being graded, excavated, or mined. Measures should be taken to increase erosion control monitoring and enforcement, including adding a section to the regulation for monitoring permits to ensure the applicant is following all engineering reports and site requirements. Under C.3. Natural Stream Courses it states: "Every effort shall be made to preserve perennial and intermittent streams and their surrounding vegetation." This is the only chapter that includes protection of stream or aquatic habitat within this code. There should be a more clear review of potential effects of a proposed grading, excavation, or mining activity as to how it will be prevented from interacting with critical areas. In Chapter 9, Procedures and Review Criteria for Grading, Excavation and Mining Permits and Licensees (4-9-080) also lack clear requirements as to how the projects will be reviewed specifically to avoid interaction with critical areas. 7.7 Water System Plan The Water System Plan was based upon current City policy, regulations and laws adopted by federal and state government and the Renton City Council as of February 4, 1999. New laws and guidance documents exist that could be used within the context of a program review for compliance with ESA and/or review potential impacts to natural resources. The City updates the Water System Plan on a six year schedule with the next update due by April 30, 2005. Until that time, individual projects go through SEPA review for impacts to the environment including salmonids and habitat. 7.8 Comprehensive Park, Recreation and Open Space Plan This is a 1992 document (update of the 1984 Master Plan) that may not capture contemporary needs of both natural resources and Renton citizens. It is recognized that the City has scheduled an update of this document in the near future. The potential impacts to salmonids (particularly those listed as endangered or threatened under ESA) should be considered in any updates to this document and subsequent environmental review since many parks and recreation facilities are located in close proximity to salmonid habitat. In addition, any plan update should include possible integration of Parks and Recreation plans with natural resource programs, policies, or activities, where appropriate, to ensure a coordinated response to the ESA. 36 July 17, 2002 7.9 Surface Water Utility Comprehensive Plan The Surface Water Utility is currently updating the Surface Water Utility System Plan. The updated plan will address ESA issues as well as incorporate recent water quality data, habitat inventory, and information from the watershed planning process. 7.10 Shoreline Program (RMC 4-3-090) On Aug. 27, 2001 the state Shorelines Hearings Board invalidated shoreline management guidelines adopted by Ecology in November 2000. The parties involved in the appeal are currently attempting to negotiate an agreement on new shoreline guidelines. However, the City recognizes a need to update its Shoreline Program consistent with best available science. The City intends to undertake this work program item as Department of Ecology revises its Shoreline regulations. 7.11 Land Use Districts (Zoning) (RMC 4-2) Land Use Districts and Zoning regulations in Chapter 2 of the Renton Municipal Code contains a number of environmental protections. However, in RMC 4-2-01OD, Additional Restrictions on Land Use: there is a list of restrictions including Aquifer Protection, but there are no restrictions for any of the other critical areas such as habitat, streams, or wetlands. The City should consider including other critical areas within this list. There are no provisions in the zoning regulations providing for monitoring or incorporating a framework for adaptive management. Under The Development Standards for Single Family Residential zoning Designations (4-2-110B) a table summarizes zones and development standards. Under general "Minimum Setbacks," it states, "no structure shall be located within the required Shoreline Master Program setback area." This should also include other setback areas such as those outlined in the Critical Area Ordinance. The table for Development Standards for Commercial and Industrial Zoning Designations includes a category for sensitive areas, but the similar table for Residential Zoning does not include sensitive areas. Wherever possible, avoid vague language relating to critical areas and environmental protection. Language such as "significant environmental constraints" should be avoided. 7.12 Subdivision Code (RMC 4-7-010) The purpose of the code is to "ensure that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected..." However, this does not specifically include the protection or promotion of critical areas. 37 July 17, 2002 ENVIRONMENTAL CONSIDERATIONS (RMC 4-7-130): • Under C.1 "Land Unsuitable for Subdivision" there should be a category "c" (a: flooding/inundation; b: steep slopes) that incorporates the language for critical habitat. • Under C.4.b: reads "...and an attempt to minimize the disturbance of the natural channel and stream bed..." and channel migration zone should be incorporated into this sentence. 7.13 City of Renton Comprehensive Plan Despite the presence of an Environmental Element, the Comprehensive Plan does not specifically address the presence of critical habitat and listed species within the City's jurisdiction. The Plan does not contain any objectives or policies that address the ESA listed species known to use the streams flowing through Renton. Some of the policies may be contrary to policies and preferences of the ESA listing agencies and should be modified to meet the City's "no take" policy (Policy EN-53) Dependence upon hatchery stock production could be problematic under the ESA. A Hatchery Genetic Management Plan is now required by NMFS for all artificial production. The City may want to remove this policy from its Comprehensive Plan to avoid ESA issues. 7.14 Street and Utility Standards (RMC 4-6) In section 4-6-030 C, Submission of Drainage Plans: under the list of when they are required, in l.h., it states that a drainage plan is required for building permits when the subject property is in critical areas as determined under subsection D(e) of this Section. Subsection D goes on to define critical areas as an area that would increase peak flow and/or volume of discharge or erosion, thus targeting flooding concerns of construction. These should not be the only components when considering whether a proposal could negatively affect a critical area. Critical areas could be an area that would adversely affect salmonids or other endangered species. This could include, but not be limited to, decreasing flow or altering drainage pattern. Under 4-6-030 E, Drainage Plan Requirements and Methods of Analysis: the drainage plan is to be prepared in conformance with the current King County Surface Water Design Manual. The City should update this reference to the most current approved standard. The Surface Water Utility is currently updating the storm water standards. Under 4-6-060 Street Standards, it is unclear how streets are reviewed or prevented from being constructed in or near critical areas. Also under R. Variations from Standards, should include variations to protect salmonids or critical habitat, such as the amount, angle, or timing of lighting. The City could work with a fisheries biologist if a street or sidewalk is near a stream to develop criteria that would allow adequate lighting for the streets but prevent lighting from interfering with night migrating salmonids or smelt. M. July 17, 2002 Under 4-6-090 Utility Lines- Underground Installation, the purpose of the chapter is to establish minimum requirements and procedures for the underground installation and relocation of electrical and communication facilities within the City. Nowhere in this chapter does it define the need to avoid, protect, prevent, or screen for the installation of the facilities in critical areas. 7.15 Natural Resource Education Programs The City has a number of natural resource education programs including those for groundwater, water quality, both surface, ground and drinking water, hazardous waste reduction, recycling, integrated pest management and water conservation. These programs were not intended to specifically educate participants on ESA issues. However, they are beneficial in enhancing citizen awareness of their environment. The City should consider working with regional and local partners to develop a more ESA -related education program to increase citizen awareness of salmonids and their habitat. 7.16 Permits and Decisions (RMC 4-8) There is no clear guidance in the permits and decisions regulations on studies and actions required in response to indirect or cumulative effects on salmonid habitat when there is a decision of non- significance. Although indirect and cumulative impacts are part of an environmental impact analysis, there are no provisions to determine if projects granted a DNS are having an indirect or cumulative impact on a resource. Under Permit Classification (4-8-080 G) Land Use Permit Procedures, the types I and II land use permits both have a category of "Waivers" and "Variances, Administrative." Within the text, these categories are not defined. The footnote under Waivers indicates they are "Administratively approved." It may be helpful to describe what this process requires. .There are many sections within this chapter that are "reserved," several of which may be very important to the interaction with critical areas that may interact with salmonids or salmonid habitat. Under 4-8-120C, Submittal Requirement -Specific to Application Type, a habitat or stream report is not required under any of the applications, including Land Use Applications. Under 4-8-120D, Stream, or Lake Assessment: this section should be as comprehensive as the assessment for wetlands. Also, it is not clear as to what the term "stream or lake or associated buffer" means. Under current code, the applicant is to avoid or minimize buffer impacts; this is vague wording. Compensate, restore, and enhance are also wording in the same section that needs to be more clearly defined. 39 17, 2002 7.17 Procedures and Review (RMC 4-9) There are many sections within this chapter that are "reserved," several of which may be very important to the interaction with critical areas that may interact with salmonids or salmonid habitat, such as exemptions from permit processes or modification to approved plans. In the Aquifer Protection Area permit section (RMC 4-9-015), under E.3.c Unauthorized Release -Responsibility to Report; it states that the permittee shall report a release within 24 hours in accordance with subsection H2a of this section, however there is no H2a section. Under the Environmental Review section (RMC 4-9-070), the Environmental Review Committee (ERC) conducts the review of permits and makes threshold determinations. The Mayor designates committee members with concurrence by the City Council. The committee is staffed by qualified planners with background and/or training in environmental issues pertaining to development projects. Code provisions should be added which give guidance to ERC to ask for independent biological review whenever a proposal is located within proximity to regulated critical areas. In this same section, under the SEPA Substantive Authority (O2a), there is no specific mention of endangered species habitat protection. Under the PUD Regulation section (RMC 4-9-150), J.6. Environmentally Sensitive Areas, it states that in environmentally sensitive areas the City will review the site to assure stable building conditions, and that special engineering, soils, hydrologic or geologic studies may be required to assure public safety and welfare. The studies should also include the review of critical habitat in affected areas. Under the Shoreline Permits section (RMC 4-9-190), C. Exemptions from Permit System includes replacement of a structure or development, normal repair, construction of the normal protective bulkhead, construction of a dock, and construction of canals, waterways, drains, and reservoirs for irrigation systems. These exemptions need to be reviewed to ensure that there is no potential negative impact with critical areas that may interact with salmonids or their habitat under the Temporary Use Permit. Also, there is nothing in the decision criterion that discusses the effects to the environment or sensitive areas. 7.18 Fire Department Fire suppression is emergency driven and as such cannot necessarily pre- determine the impacts or potential issues associated with each emergency response. Some potential impacts may include runoff water from fire fighting entering the storm water system or adjacent water body. In the case of structural fires, this water may contain fire debris from the fire suppression activity itself, and/or July 17, 2002 chlorine from the water source. In the case of flammable liquid fires, this suppression water may contain AFFF and/or unburned flammable liquids. Runoff from training activities may enter the storm drainage system or adjacent water body. Training activity planning should include review of possible environmental impacts. 7.19 Development Services The City should strengthen enforcement and inspection of construction activities near critical areas to ensure compliance with approved plans and City codes. 7.20 Municipal Airport Tenant airplane washing is banned on all paved areas of the airport. Currently, aircraft washing only occurs on grassy areas of the airport. There is a need to conduct airplane washing activities in a way that prevents oil, grease and soap from flowing into Lake Washington and the Cedar River. The City should encourage an airport tenant(s) to install a wash rack for aircraft cleaning that is tied into the sanitary sewer system. There are no apparent issues with mowing and pruning activities. Additionally, application of pesticides and herbicides is completed by Washington State Certified Applicators and is regulated under existing State guidelines. The storage of weed control sprays is not clearly defined, and there appears to be no protocol of spills or leakage of weed control sprays during application or transport in the 50-gallon portable sprayers. A spill response procedure would reinforce what to do to avoid contact with nearby water bodies in the event of a spill. 7.21 Snow and Ice Removal Accumulations of salts and sand in the streets can be transported into the storm system during rain events. This material can then enter open water bodies through storm water discharge locations. 7.22 Flushing/Power Implementation of this activity delivers debris and sediments from city streets into the storm system, and eventually into open waters at storm system discharge locations. 7.23 Floodplain Regulations Update existing FEMA floodplain maps within the City to reflect current hydrologic and hydraulic conditions. Include channel migration hazards if warranted and consider future condition hydrology when maps are being revised. Update floodplain regulations and incorporate guidance for the 41 July 17, 2002 protection and restoration of floodplain areas and their riparian ecosystem functions. 7.24 Water Utility The Aquifer Protection Education Program focuses on protecting and maintaining the quality of the City drinking water source. Additional benefits of this program include protection of surface water quality and quantity, and salmonid habitat protection via water conservation education, information on the use of environmentally safe products, aquifer protection area permits for hazardous materials and groundwater education. 7.25 Wastewater Utility There are no known adverse impacts to salmonids from Wastewater Utility activities. 7.26 Stormwater The Department of Ecology published the Stormwater Management Manual for Western Washington in August 2001. The City may be required to adopt the Ecology Stormwater Management Manual for Western Washington or standards that are equivalent to those as a condition of the pending NPDES Phase II permit. The City is the lead and sole permitting authority for new and redevelopment projects. As such, we will be subject to NPDES permitting requirements. Those permits have to identify measures that will be taken to control the impacts of development on surface waters of the U.S. The Puget Sound Plan requires all local governments in the Puget Sound Basin to adopt manuals equivalent to the Ecology manual. The City of Renton is updating its stormwater manual. Phase II of the NPDES program requires a permit application be submitted by December 2002 and permit coverage by March 2003. 7.27 Water Utility/Maintenance There are no adverse impacts to salmonids from water utility maintenance. 7.28 Parks and Golf Course The City of Renton Parks and Golf Course facilities provide welcome open space and pervious surfaces proximate to several salmonid bearing water bodies. However, some parks and golf course activities may need to be examined in further detail to ensure protection of salmonid species in those water bodies. Chemical applications have the potential to enter fish -bearing streams and waterways. EF July 17, 2002 Removing or altering trees (under the hazardous trees provision) may change existing habitat components in river, stream, and creek systems. Salmonid habitat should be considered when removing or altering trees in close proximity to streams and other water bodies. Excess wash water may be delivered to open water areas from deck surfaces. This is not considered much of a risk, as deck surfaces typically have minimal potential for fine-grained sediments. Washed material typically consists of bird droppings, moss, and leaves, that normally enters the water. Although paving cart paths increases impervious surfaces, these surfaces are small, narrow, and drain off to adjacent turf areas. 7.29 Recreation Some activities may create the opportunity for people or boats to be in direct contact with open bodies of water. Developing recreation trails along streams, rivers, and lakes creates additional opportunity for people to be in direct contact with open bodies of water. These may lead to impacts on salmonids. Consideration should be taken when planning recreation activities and trails near water bodies to minimize direct human contact with these water bodies. 43 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA Dept/Div/Board.... Police Staff Contact ........ Garry Anderson SUBJECT: Fee Adjustment for the Temporary Custody of Inmates Before Transfer To Yakima County Jail EXHIBITS: *Addendum to Interlocal Agreement For the Temporary Custody of inmates To Yakima County Jaill *Resolution No. 3595 11 AI #: FOR AGENDA OF: February 10, 2003 AGENDA STATUS: Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution............ Old Business......... New Business....... Study Session........ Other ..................... RECOMMENDED ACTION: APPROVALS: Refer to Public Safety Committee Legal Dept............ Finance Dept........ Other ..................... FISCAL IMPACT: Expenditure Required .... $100,000 Transfer/Amendment.... Amount Budgeted .......... $551,300 Revenue Generated....... $100,000 SUMMARY: The Council authorized the Mayor to execute inter -local agreements with cities for the temporary housing of inmates that are being transferred to Yakima County. Yakima County's housing rate increases by 5% each year for the next seven years. Signed addendums are attached for the Cities of Burien, Mercer Island, Bellevue, Newcastle, Sammamish, Lake Forest Park, Seattle, Clyde Hill, and Kenmore. RECOMMENDATION: Authorize the Mayor and City Clerk to sign the above -mentioned Addendums. (AGENDA84� RENTON POLICE DEPARTMENT MEMORANDUM Date: February 4, 2002 To: Kathy Keolker-Wheeler, Council President Members of the Renton City Council Via: Jesse Tanner, Mayor From: Garry Anderson, Chief of Polic o�l Staff Contact: Penny Bartley, Jail Manager Subject: Issue Paper — Rate Addendum for Interlocal Contracts for Temporary Housing of Inmates Being Transfer to Yakima County Jail ISSUE: On January 1, 2003, Yakima County raised their daily inmate housing rate from $46.00 to $58.80. In order to recover our costs for inmates that are transferred to Yakima County, our rate needs to be established at the same rate as Yakima's. The current Renton housing rate is $50 and we are requesting that it be raised to $58.80. BACKGROUND: In 2002, the City of Renton entered into Interlocal Agreements for the temporary custody of inmates before transfer to Yakima County Jail with 17 cities. Those cities are: Bellevue, Burien, Clyde Hill, Covington, Des Moines, Kenmore, Lake Forest Park, Mercer Island, Newcastle, Normandy Park, North Bend, Redmond, Sammamish, Seattle, Shoreline, Tukwila, and Woodinville. Currently, there are three additional cities' contracts that are in the process of being approved, those cities are: Bothell, SeaTac and Yarrow Point. These agreements were entered into as a result of 18 months of negotiations with both King and Yakima County Jails and represent a regional solution to King County's reduction in jail services for municipal agencies. The contract with Yakima County identifies a 5% escalator for the next 7 years (ending in 2010). As a result of their increases, Renton is increasing the rate that they charge interlocal agencies to match that of Yakima's. If the rates were not the same, then Renton would incur costs in excess of the currently billed housing rate, if they sent inmates to Yakima to provide capacity for interlocal inmates prior to transfer. Having the same rates means the contract is budget neutral. In 2002, Renton billed $25,000 for interlocal housing. In 2003, the estimated revenue for interlocal housing is $100,000. However, as a result of the interlocal housing, we anticipate that the Yakima County Jail housing bill will increase by $100,000, thus making the addendum budget neutral. Resolution: The City of Renton Council concur with the recommendation of City Administration that the Interlocal Agreement for Temporary Custody of Inmates before Transfer to Yakima County Jail Addendum be signed with the Cities of Burien, Mercer Island, Bellevue, Newcastle, Sammamish, Lake Forest Park, Seattle, Clyde Hill and Kenmore. Furthermore, that the Council authorizes the execution of any additional addendums as long as the contract terms and conditions are the same as those set forth in the attached addendums. ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this day of , 200, by and between the Cities of Renton and Burien, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Burien's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS. the. City of Renton has provided timely notice to Burien of its desire to raise the,, daily rate for the temporary housing of Burien's inmates effective January 1, 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Burien and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 1 OF 2 Date: The City of Renton, by: Jesse Tanner, Mayor The City of Burien, by:�� Mayor/ City Manager ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKFAA COUNTY PAGE 2 OF 2 Attest: City Clerk Approved as to legal form: City Attorney, City of Renton City Clerk Approved --a to legal form: City Attorney, City of Burien ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this _ day of , 200 by and between the Cities of Renton and Mercer Island, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) dated February 18, 2002 for the temporary housing of Mercer Island's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in Section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Mercer Island of its desire to raise the daily rate for the temporary housing of Mercer Island's inmates effective January 1, 2003. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Payment Schedule. Effective January 1, 2003, Section 4 of the ILA shall be amended to read as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY Page l of 2 2. Full Force and Effect. All other terms and conditions of the ILA not modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on January 1, 2003. CITY OF RENTON Jesse Tanner, Mayor CITY OF MERCER ISLAND chard M. Co ad, City Manager L:UAIL\Renton Jail AddenduniW.doc Attest: City Clerk Approved as to legal form: City Attorney, City of Renton Attest: D P City Clerk, ALU soN S ) FTZ— Approved as to legal form: `J �o�K. Lindell Mercer Island City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY Page 2 of 2 REC NO. 333�6 CITY OF BELLEVUE DATE 1 ADDENDUM TO INTERLOCAL AGREEMENT �ITY CLERK'S OFFICE FOR TEMPORARY CUSTODY OF INMATE BEFORE TRANSFER TO YAKIMA COUNTY FILE# Dz_l,W THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFOE TRANSFER TO YA4KIMA COUNTY JAIL is made and entered into on this 'a feL day of A1'L( , 2003 , by and between the Cities of Renton and Bellevue, Was ngton. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Bellevue's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective. January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Bellevue of its desire to raise the daily rate for the temporary housing of Bellevue's inmates effective January 1, 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Bellevue and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 1 OF 2 Date: The City of Renton, by: Jesse Tanner, Mayor The City of Bellevue, by: (0,4A NL-kyegk yity Manage ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 Attest: City Clerk Approved as to legal form: City Attorney, City of Renton City Clerk Approved as to legal form: CXy of Bellevue ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this day of , 200_, by and between the Cities of Renton and Newcastle, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Newcastle's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Newcastle of its desire to raise the daily rate for the temporary housing of Newcastle's inmates effective January 1, 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Newcastle and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE I OF 2 Date: Attest: The City of Renton, by: Jesse Tanner, Mayor City Clerk Approved as to legal form: City Attorney, City of Renton The City of Newcastle, by: ity Manager ity Clerk Approved as to legal form: L� Pity Attorney, IN y o Newcastle ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 C;✓Vy- ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAI , A COUNTY JAIL is made and entered into on this '`7 day of .t4 f Cf 200,3 by and between the Cities of Renton and Sammamish, Was ngton. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Sammamish's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Sammamish of its desire to raise the daily rate for the temporary housing of Sammamish's inmates effective January 1, 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Sammamish and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE I OF 2 Date: The City of Renton, by: Jesse Tanner, Mayor The City of Sammamish, by: �-7 Mayor/ City Manager ADDENDUM TO iNTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 Attest: City Clerk Approved as to legal form: City Attorney, City of Renton V'tlat City Clerk Approved as to legal form: City Attorney, City of Sammamish ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this I day of 7200 _, by and between the Cities of Renton and Lake Forest Park, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Lake Forest Park's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Lake Forest Park of its desire to raise the daily rate for the temporary housing of Lake Forest Park's inmates effective January 1, 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Lake Forest Park and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE I OF 2 Date: The City of Renton, by: Jesse Tanner, Mayor The City of Lake Forest Park, by: ayor/ City Manager ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 Attest: City Clerk Approved as to legal form: City Attorney, City of Renton City Clerk Approved as to legal form: City Attorney, ity of Lake Forest ark ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this day of _n , 2005, by and between the Cities of Renton and Seattle, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Seattle's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Seattle of its desire to raise the daily rate for the temporary housing of Seattle's inmates effective January 1, 2003, now . THEREFORE, the provisions of the Interlocal Agreement between the Cities of Seattle and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 1 OF 2 Date: The City of Renton, by: Jesse Tanner, Mayor Attest: City Clerk Approved as to legal form: City Attorney, City of Renton City Clerk Approved as to legal form: a S: s (%- City Attorney, City of Seattle ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 - ORIGINAL ADDENDUM TO Z INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIIVIA COUNTY JAIL THIS ADDENDUtiI TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this day of , 200_, by and between the Cities of Renton and Clyde Hill, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary, housing of Clyde Hill's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Clyde Hill of its desire to raise the daily rate for the temporary housing of Clyde Hill's inmates effective January 1, 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Clyde Hill and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO NTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKI,'VIA COUNTY PAGE I OF2 Date: The City of Renton, by: Jesse Tanner, Mayor ADDENDUM TO INTERLOCAL AGREEMENT FOR TEy1PORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 Attest: City Clerk Approved as to legal form: City Attorney, City of Renton City Clerk Approved as to legal form: • C"-y Cit Attorney, City of Clyde Hill City of Renton Original ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR TEMPORARY CUSTODY OF INMATES BEFORE TRANSFER TO YAKIMA COUNTY JAIL is made and entered into on this Q4t\ day of QC Q.C_mbr Y' , 2009 , by and between the Cities of Renton and Kenmore, Washington. WHEREAS the cities named above have entered into an Interlocal Agreement (ILA) for the temporary housing of Kenmore's inmates by Renton; and WHEREAS the ILA has a Payment Schedule in section 4; and WHEREAS the amounts in the payment schedule were governed by the payment schedule of the Long -Term Jail Contract with Yakima County; and WHEREAS the daily charge for an inmate housed in Yakima County Jail will increase to the sum of $58.80, effective January 1, 2003; and WHEREAS the City of Renton has provided timely notice to Kenmore of its desire to raise the daily rate for the temporary housing of Kenmore's inmates effective January 1., 2003, now THEREFORE, the provisions of the Interlocal Agreement between the Cities of Kenmore and Renton, Washington for the temporary custody of inmates before transfer to Yakima County Jail are amended, effective January 1, 2003, as follows: Section 4. Payment Schedule: The following amounts are per Identified Offender: $25.00 per Identified Offender where that person is in Renton jail for less than 24 hours AND is not detained in the Renton jail overnight. $58.80 per Identified Offender where that person is in Renton Jail for less than 24 hours AND is detained in the Renton jail overnight; OR is detained in the Renton jail for a 24 hour period. $58.80 per day per Identified Offender where that person is in the Renton jail for more than a 24-hour period. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE I OF 2 Date: The City of Renton, by: Jesse Tanner, Mayor The City f Kenmore, ity Manager Attest: City Clerk Approved as to legal form: City Attorney, City of Renton Approved as to legal form: City Attorney, it of Kenmore ADDENDUM TO INTERLOCAL AGREEMENT FOR TEMPORARY HOUSING PRIOR TO TRANSFER TO YAKIMA COUNTY PAGE 2 OF 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3595 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN ADDENDUM TO THE INTERLOCAL AGREEMENT (66LONG TERM JAIL CONTRACT") BETWEEN YAKIMA COUNTY AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE, AND THE TOWN OF YARROW POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS. WHEREAS, Yakima County and the Cities are each authorized by the City and County Jails Act, Chapter 70.48 RCW, to operate a jail; and WHEREAS, the Cities have negotiated a long term contract which designates Yakima County's correctional facilities as a place of confinement for the incarceration of one or more inmates lawfully committed to the Cities' custody; and WHEREAS, Yakima County and the Cities have determined that long-term correctional services contracting is a responsible inter -governmental opportunity that resolves serious economic and public safety hardships for all parties; and WHEREAS, Renton has signed the long-term jail contract between Yakima County and the cities, and WHEREAS, Yakima County intends to construct and professionally operate additional jail bed capacity, and the dates of construction have been moved; and RESOLUTION NO. 3595 WHEREAS, Yakima County and the Cities have re-evaluated the medical costs involved in housing inmates and desire to re -allocate the Daily Fee per inmate; and WHEREAS, it is necessary to document the new terms and conditions that will be in effect for the contracts between Yakima County and the Cities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON. WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an Addendum to the Interlocal Agreement ("Long Term Jail Contract") between Yakima County and the above -mentioned Cities, for the housing of inmates by Yakima County Department of Corrections. PASSED BY THE CITY COUNCIL this 28th day of October . 2002. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 28th day of October , 2002. M Jesse Tanner, Mayor Approved as to form: Lawrence J. Warien, City Attorney RES.936:10/9/02:ma 2 CITY OF RENTON COUNCIL AGENDA BILL UBMITTING DATA: Dept/DivBoard.... Police Staff Contact ........ Garry Anderson SUBJECT: Crime Analyst Salary (New Position) EXHIBITS: Issue paper Finance Committee Report 09/16/02 Finance Committee Report 02/03/03 11 AI #: '7-h. FOR AGENDA OF: February 10, 2003 AGENDA STATUS: Consent ................. X Public Hearing..... Correspondence... Ordinance ............. Resolution............ Old Business......... New Business....... Study Session........ Other ..................... RECOMMENDED ACTION: APPROVALS: Council Concur Legal Dept............ Finance Dept........ Other ..................... ,ISCAL IMPACT: Expenditure Required .... $50,028 Transfer/Amendment.... Amount Budgeted .......... $44,568 Revenue Generated....... SUMMARY OF ACTION: On Monday, February 3, 2003 the Finance Committee approved placement for the new employee as Crime Analyst at the E step within the salary range of pn56 with an annual expenditure of $51,432. This grade and salary was incorrect, and did not reflect the grade approved by Council in September 2002 (see attached Committee Report). Human Resources recommended, and the Council approved, the position of Grade pn61 with an annual expenditure of $50,028. This is $1,404 less than that approved by the Finance Committee last week. To correct this clerical error, Council action is needed. For Council's information the recruitment process for the position reflected the approved pn61 grade. RECOMMENDATION: Council Concur with placement of the new employee at the E step within the salary range for Crime Analyst of pn61. AGENDA CITY OF RENTON POLICE DEPARTMENT ISSUE PAPER DATE: February 4, 2003 TO: Council President Kathy Keolker-Wheeler Members of the Renton City Council VIA: Pjt�f Jesse Tanner, Mayor FROM: Garry Anderson, Chief of PoclZRI SUBJECT: Issue Paper The Finance Committee met on February 3, 2003, and approved the placement of the new employee to fill the Crime Analyst position at the range of pn56 with an annual expenditure of $51,432. The grade and salary was submitted in error. The correct grade provided by Human Resources for the Crime Analyst position is pn61 with an annual salary of $50,028. This is a difference of $1,404 less than what was originally approved. The Police Chief is recommending that Council concur in placing the Crime Analyst position at pn61 with an annual salary of $50,028. FINANCE COMMITTEE COMMITTEE REPORT September 16, 2002 APPR10VZ0 DY CITY COUNCIL Date 9-16- aooa ESTABLISHMENT OF GRADE FOR NEW CRIME ANALYST POSITION CHANGE DOMESTIC VIOLENCE VICTIM ADVOCATE AND CDBG SPECIALIST FROM "LIMITED TERM" TO "REGULAR" STATUS. (Referred September 9, 2002) The Finance Committee concurs in staff's recommendation that the grade for the new Crime Analyst position, be grade pn61 at $2,984 - $4,169 (making the base salary for a full year at Step A ,$35,808). The Committee recommends this grade be effective September 1, 2002. The Finance Committee concurs in staff s recommendation that the following two positions become "regular" full-time positions. The positions are currently funded through grants and are in a "limited term" status. If the funding sources are not available; the positions may be eliminated. The Domestic Violence Victim Advocate grade pn60 $2,845 - $3,975 ($34,140 is base salary for a full year at step A). The Domestic Violence Victim Advocate was in the Human Services Division of Community Services at a grade of a14 and is being transferred to the Police Department. Staff recommends that the current grade (al4) be established in the Police Department, . This grade is justified through a salary -comparison completed by Human Resources. The CDBG Specialist current grade is a1,8 $3,598 - $4,382 and staff recommends this position remain in grade al and become a "regular" full-time position. This position will remain in the Human Services Division. The above changes, if approved, are effective September 1, 2002. These changes will not require additional King P.a air Don Perssori Vice Chair Dan Clawson, Member cc: Michael Webby James Shepherd Garry Anderson Eileen Flott Victoria Runkle l�P9 �od� SEP 1 7 2002 CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems February 10, 2003 Agenda Status Staff Contact...... John (Dan) Hasty, ext. 7246 Consent .............. X Public Hearing.. Subject: FlexPass Program Correspondence.. Ordinance ............. Resolution............ X Old Business........ New Business....... Exhibits: Resolution Study Sessions...... Contract Information........ . Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... Other. Fiscal Impact: None Expenditure Required... $19,800 Transfer/Amendment....... Amount Budgeted....... $20,000 Revenue Generated......... Total Project Budget City Share Total Project.. $19,800 SUMMARY OF ACTION: This contract with King County Metro will continue Renton's participation in all elements of the 2002-2003 FlexPass Program, consolidates all Commute Trip Reduction (CTR) related expenditures by including Commuter Bonus Plus (CBP) vouchers and Guaranteed Ride Home as an integral part of the FlexPass Program. FlexPass is a program that is offered by Metro to all CTR-affected employers. Included in the 2003-2004 FlexPass Program are: 1. FlexPasses that allow City employees unlimited ridership of bus and commuter rail services provided by Metro and Sound Transit. 2. Commuter Bonus Plus vouchers that can be used to: A. Promote the CTR Program B. Provide Car/Val Pool incentives C. Pay for VanShare vans that are used by City employees to access commuter rail. 3. Guaranteed Free Ride Home Program that provides participants in the CTR Program a ride home for: A. Employee or family illness B. Working late unexpectedly C. Missing normal ride home: e.g. carpool driver needs to leave early because of an emergency or other emergency situations that occur during the workday. STAFF RECOMMENDATION: Staff recommends that Council approve the Resolution authorizing the Mayor and City Clerk to enter into the contract with Metro to continue implementation of the FlexPass Program. H:Shared/Trans/admin/agenda2003/2003-2004 CTR Program RECEIVED JAN 2 4 2003 CITY OF RENTON, WASHINGTON Transportation systems Div. f7�.��Trli��t����►Ci� A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY AND SOUND TRANSIT FOR THE SALE OF FLEXPASSES TO CITY OF RENTON EMPLOYEES BY KING COUNTY. WHEREAS, the City of Renton, King County and Sound Transit share the desire to provide a transportation management program that will reduce single -occupant vehicle travel and improve the mobility of employees to the City's worksites; and WHEREAS, the County, through its Department of Transportation, provides buses, vanpools and the Home Free Guarantee program; and WHEREAS, the County, through those programs, is authorized to promote alternatives to single occupant vehicle commuting in King County; and WHEREAS, the City wishes to provide incentives to its employees which promote non - single -occupant vehicle commuting to its worksites; and WHEREAS, the City and County desire to utilize F1exPasses which can be used to access a variety of services and benefits which enable the City's employees to commute by non -single occupant vehicles; and WHEREAS, it is necessary to document the terms and conditions under which such program will be provided by the County to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement for the sale of passes between King County, Sound Transit and the City of Renton for F1exPasses, vanpool fare incentive, and the Home Free Guarantee program. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.964:1/23/03:ma ; CITY OF RENTON ..LL Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM L�N j`/E� 13 � atio To: Dan Hasty, PBPW — Transportation n Sy�ams pw From: Lawrence J. Warren, City Attorney Date: January 10, 2003 Subject: 2003 FlexPass Contract Section 6.2 is still not a good idea. By statute, cities have to pay interest at 12% per annum on certain debts. That's a lot more than bank rates. Also, as a government, we should be extended the courtesy to cure a default. All that being said, the total amount of this contract doesn't justify an extended fight. I would see how likely this issue is to go away and not fight it if it is goin to be time consuming. The contract is approved as to legal form. Lawrence J. 3karren LJW:tmj cc: Jay Covington T10.37:47 Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE AGREEMENT FOR SALE OF FLEXPASSES BETWEEN KING COUNTY, SOUND TRANSIT AND THE CITY OF RENTON This Agreement (hereinafter, "Agreement") is made and entered into by and between King County (hereinafter individually, "KING COUNTY"), Sound Transit (hereinafter "SOUND TRANSIT"), or collectively referred to hereinafter as "TRANSPORTATION PARTIES", and the City of Renton (hereinafter, "CITY"). RECITALS A. CITY and TRANSPORTATION PARTIES share the desire to provide a comprehensive transportation pass program that will reduce single occupant vehicle (SOV) commute trips and improve the mobility of CITY employees. B. KING COUNTY and SOUND TRANSIT are authorized to provide public transportation and generally promote alternatives to SOV commuting in King County, Pierce County and Snohomish County. C. CITY has a desire to provide incentives and benefits to its employees, which promote non-SOV commuting to its worksite. D. CITY and TRANSPORTATION PARTIES desire to create a single pass media that can be used to access a variety of services and benefits, which enable CITY employees to commute, by non-SOV modes. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants herein contained, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following. 1. PURPOSE 1.1 Purpose This Agreement establishes a cooperative arrangement between TRANSPORTATION PARTIES and CITY for sale and distribution of F1exPasses to CITY's Eligible Employees at the rate set forth herein. 2. DEFINITIONS 2.1 Eligible Employees Eligible Employees shall mean only those employees of the CITY who meet the following criteria: CTR-affected City of Renton employees. 2.2 FlexPass Card A FlexPass Card is a pass of predetermined duration, usually twelve (12) months, that allows each Eligible Employee, as defined in Paragraph 2.1, to choose from a variety of non-SOV commute options provided by CITY or TRANSPORTATION PARTIES. Each FlexPass Card shall bear the inscriptions "Flexpass", each TRANSPORTATION PARTIES' logo or an agreed to regional logo, and beginning and expiration dates in a design and color scheme mutually agreed upon by TRANSPORTATION PARTIES. FlexPass Cards shall also bear a fare amount on the face of the card, the amount of which shall be agreed upon by TRANSPORTATION PARTIES prior to the start of this Agreement. FlexPass Cards shall be produced by TRANSPORTATION PARTIES or their designated contractor. CITY shall pay the amount specified in Attachment A for production of FlexPass Cards. FlexPass Card's are non-refundable by TRANSPORTATION PARTIES, except as set forth in Paragraph 8.2. Eligible Employees may be asked to present a valid CITY identification card when using a FlexPass. 2.3 Trip Revenue In the event of a generally applicable fare increase adopted by KING COUNTY or SOUND TRANSIT, the amounts shown in Attachment A may be increased at such time as a generally applicable fare increase is implemented by KING COUNTY or SOUND TRANSIT, and CITY shall be required to pay the amount of such increase to the appropriate TRANSPORTATION PARTY. 3. EMPLOYEE CONTRIBUTIONS AND COMMUTE BENEFITS AND INCENTIVES 3.1 Eligible Employee Contributions CITY may require Eligible Employees to contribute toward the cost of a FlexPass Card, in the amount specified in Attachment A. CITY shall not require Eligible Employees to contribute more than fifty percent (50%) of the cost of an individual FlexPass Card, as set forth in Attachment A. FlexPass Agreement Page 1 of 10 City of Renton Mar 2003 — Feb 2004 4. CITY RESPONSIBILITIES 4.1 Eligible Recipients Of A FlexPass Card CITY shall ensure that only Eligible Employees, as defined in Paragraph 2.1, receive FlexPass cards. 4.2 Ordering FlexPass Cards CITY shall provide to TRANSPORTATION PARTIES' representative, as listed in Section 16, the number of FlexPass Cards that CITY shall provide to Eligible Employees. The number of FlexPass Cards shall be listed in Attachment A. CITY shall allow TRANSPORTATION PARTIES at least four (4) weeks in advance of the cards' effective date to fulfill the request for FlexPass Cards. CITY understands that failure to provide the number of FlexPass Cards desired at least four (4) weeks in advance, may incur additional and extraordinary costs. Such costs may be related to, but are not limited to, overtime staffing, additional manufacturing charges and express delivery charges. These additional and extraordinary charges shall be borne solely by CITY. 4.3 Ordering Additional FlexPass Cards CITY shall retain the right to purchase additional FlexPass Cards for distribution to Eligible Employees, over and above the number specified in Attachment A, during the term of this Agreement. CITY shall allow TRANSPORTATION PARTIES at least four (4) weeks to fulfill the request for additional FlexPass Cards. Requests shall be made to the TRANSPORTATION PARTIES'_ representative, as listed in Section 16. The cost for a single additional FlexPass Card shall be the Monthly Rate For Additional FlexPass Cards specified in Attachment A, times the number of months remaining in the Agreement. 4.4 Receipt And Security Of FlexPass Cards CITY agrees that all FlexPass Cards received from TRANSPORTATION PARTIES shall become the sole financial responsibility of CITY upon receipt and signature by an employee, official or agent of CITY. CITY agrees that it is solely responsible for providing proper storage and security measures for any and all FlexPass Cards received by CITY while in the custody of CITY. CITY shall be held liable for the equivalent value of a combination King County Metro/SOUND TRANSIT fare for each month remaining in this Agreement for each FlexPass Card that CITY cannot account for, either by distribution to an Eligible Employee, storage in a secure area, for each FlexPass Card not collected from an Eligible Employee who terminates their employment with CITY or otherwise becomes ineligible to receive and use a FlexPass Card under the terms of this Agreement, or for each FlexPass Card CITY cannot return to TRANSPORTATION PARTIES upon termination of this Agreement, as specified in Section 8. 4.5 Reporting CITY shall immediately report to each of the TRANSPORTATION PARTIES any FlexPass Cards that are lost, stolen, damaged or otherwise not functioning properly in TRANSPORTATION PARTIES' transit coaches' electronic registering fareboxes. CITY shall return any and all FlexPass Cards to TRANSPORTATION PARTIES that CITY believes to be defective. CITY shall report to TRANSPORTATION PARTIES all FlexPass usage, changes to CITY's transportation program or other details as necessary. 4.6 Roster Of FlexPass Card Recipients CITY shall maintain a roster of Eligible Employees who have been provided a FlexPass Card by CITY. Upon demand, CITY shall provide each TRANSPORTATION PARTY a copy of the roster. 4.7 FlexPass Employee Use Agreement Form Each Eligible Employee who receives a FlexPass Card from CITY shall be required to read, sign and return to their employee transportation coordinator or department supervisor, an agreement form stipulating the uses and conditions of a FlexPass Card. The Employee Use Agreement Form, as set forth in Attachment B , is deemed mutually acceptable to both CITY and TRANSPORTATION PARTIES. Use Agreement Forms shall be kept on file by CITY for the term of this Agreement. 4.8 Collection of FlexPass Cards CITY shall return to TRANSPORTATION PARTIES all FlexPass Cards issued to CITY within five (5) days of the effective date of termination of this Agreement. CITY shall be held liable for the equivalent retail value of a combination King County Metro/SOUND TRANSIT fare for each month remaining in this Agreement for each FlexPass Card not returned to TRANSPORTATION PARTIES upon termination of this Agreement. FlexPass Agreement Page 2 of 10 City of Renton Mar 2003 — Feb 2004 4.9 Collection of Transit Ridership Data CITY shall survey, or otherwise coiieci from CITY's Eligible Employees, any and all necessary daily transit ridership and commute data that TRANSPORTATION PARTIES deem necessary to accurately and fairly estimate Trip Revenue and the number of bus trips taken by Eligible Employees. TRANSPORTATION PARTIES shall provide to CITY a mutually agreed upon survey instrument or other suitable means in which to collect the most current and accurate ridership and commute data possible. 4.10 FlexPass Program Evaluation CITY shall participate in any TRANSPORTATION PARTIES' evaluation of the FlexPass program, should such an evaluation be deemed necessary by any of the TRANSPORTATION PARTIES. Evaluation may be through such means as employee surveys, employee focus groups, and management interviews. TRANSPORTATION PARTIES shall provide CITY at least thirty (30) days advance notice prior to beginning such an evaluation. 4.11 Home Free Guarantee CITY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. 4.12 Vanpool Services The amount of the vanpool fare subsidy for each Eligible Employee shall be stated in Attachment A. If actual vanpool fares incurred by an Eligible Employee exceed the amount of the subsidy specified in Attachment A, the Eligible Employee shall pay the difference directly to the vanpool bookkeeper. 5. TRANSPORTATION PARTIES RESPONSIBILITIES 5.1 Transit Access TRANSPORTATION PARTIES shall allow each CITY Eligible Employee displaying a valid FlexPass Card to ride on all parts of its regular route transportation system without additional charge, for trips up to the value printed on the card. TRANSPORTATION PARTIES shall honor each FlexPass Card issued under this agreement up to the expiration date on the Card or until this agreement is otherwise terminated. TRANSPORTATION PARTIES reserve the right to request additional payment at the time the transit trip is taken, if the cost of a trip on any TRANSPORTATION PARTY's regular transit service exceeds the fare value printed on the FlexPass Card. FlexPass Cards are not valid on any Husky, Mariners, Fourth of July, Tacoma Dome Station event parking, or other special event service at the sole discretion of TRANSPORTATION PARTIES. 5.2 FlexPass Card Administration TRANSPORTATION PARTIES' Designated Representative shall manage production, ordering, replacement and delivery of FlexPass Cards to CITY, and other administrative tasks related to the FlexPass Card under this Agreement, other than those responsibilities stated as CITY responsibilities in Section 4. 5.3 Replacement FlexPass Cards TRANSPORTATION PARTIES shall replace, at no additional cost to CITY, any FlexPass Cards deemed to be defective or otherwise unusable or inoperative. CITY may be issued temporary passes until TRANSPORTATION PARTIES can manufacture and deliver replacement FlexPass Cards. TRANSPORTATION PARTIES shall replace a lost or stolen FlexPass Card only once at a charge of $50 per replacement card. 5.4 Confiscation of FlexPass Cards In addition to any other rights under law, TRANSPORTATION PARTIES reserve the right to cancel and confiscate a FlexPass Card which is used out of date, altered, duplicated, counterfeited, transferred or distributed to unauthorized persons or otherwise invalid under the terms of this Agreement. 5.5 Collection Of Transit Ridership Data TRANSPORTATION PARTIES shall provide to CITY, at no additional cost to CITY, a mutually agreed upon survey instrument or other suitable means in which to collect and measure the most current and accurate transit ridership and commute data of CITY's Eligible Employees. In addition, TRANSPORTATION PARTIES shall pay for all costs incurred in processing this survey instrument, but not costs incurred by CITY in distributing to and collecting from Eligible Employees, this survey instrument. TRANSPORTATION PARTIES shall make available to CITY, all data collected from CITY's Eligible Employees. FlexPass Agreement Page 3 of 10 City of Renton Mar 2003 — Feb 2004 5.6 Home Free Guarantee KING COUNTY shall fulfill all conditions and responsibilities of the Home Free Guarantee program in accordance with the terms attached hereto and made part hereof as Attachment C. 5.7 Vanpool Services KING COUNTY shall allow each Eligible Employee holding a FlexPass Card to register as a vanpool participant subject to the availability of vanpool vehicles and minimum ridership requirements. The FlexPass Card will be honored as full or partial payment of vanpool fares, up to the amount specified in Attachment A. 6. PAYMENTS AND BILLING 6.1 Payment For This Agreement CITY agrees to pay TRANSPORTATION PARTIES the total amount stated in Attachment A for participation in TRANSPORTATION PARTIES' FlexPass program. KING COUNTY shall present an invoice for amounts due to CITY's representative listed in Section 16. Payment shall be made in full by CITY according to the terms listed on the invoice, unless a payment schedule is mutually agreed upon by both parties and incorporated into this Agreement, in Attachment A. KING COUNTY shall invoice CITY for the amount(s) due for SOUND TRANSIT for additional FlexPass Cards purchased by CITY. 6.2 Late Payment Penalty If any scheduled payments are not made by their due date, then the entire amount due under this Agreement may become immediately due and payable. Any late payment shall be subject to a penalty accruing at the maximum rate allowable by state law for each month that the payment remains due. If any check made payable to any of the TRANSPORTATION PARTIES by CITY is returned to a TRANSPORTATION PARTY for insufficient funds (NSF) in CITY's checking account, then CITY shall be assessed a $25 (twenty-five) penalty by the TRANSPORTATION PARTY receiving the NSF check. 7. TERM OF AGREEMENT 7.1 Term This Agreement shall take effect upon the exact day and expire on the exact day specified in this paragraph, unless terminated in accordance with the terms set forth in Section 8. This Agreement shall take effect at 12:00 a.m. on March 1, 2003 and shall expire at 11:59 p.m. on February 28, 2004. 8. TERMINATION 8.1 Termination For Cause Any party may terminate this Agreement in the event the other fails to perform its obligations as described in this Agreement by providing written notice not less than fourteen (14) days prior to the effective date of termination. 8.2 Termination For Convenience Any party may also terminate this Agreement for convenience and without cause by providing the other party with written notice not less than sixty (60) days in advance. If CITY has made payments in advance, CITY shall be entitled to reimbursement from each TRANSPORTATION PARTY for each .valid FlexPass Card returned to TRANSPORTATION PARTIES. Such reimbursement shall be at the monthly rate set forth in Attachment A for the full months remaining in the term of the Agreement. If CITY has accrued additional financial obligations to any TRANSPORTATION PARTY as a result of the provisions of this Agreement, either prior to termination or as a result of termination, CITY agrees to pay any outstanding amount due to the TRANSPORTATION PARTY. The TRANSPORTATION PARTY shall invoice CITY for the amount due according to the procedures outlined in Section 6. 9. RECORDS 9.1 Rights Of Review Both CITY and TRANSPORTATION PARTIES shall retain the right to review records and documents related to this Agreement. If a records review is commenced more than sixty (60) days after the termination of the contract, the TRANSPORTATION PARTY requesting the review shall give ten (10) days notice to CITY of the date on which the records review will begin. FlexPass Agreement Page 4 of 10 City of Renton Mar 2003 — Feb 2004 10. SUCCESSORS AND ASSIGNS 10.1 Written Approval This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the parties hereto and their respective successors and assigns. All parties, however, agree that they will not assign or delegate the duties to be performed under this Agreement without prior, written approval from the other parties. 11. LEGAL RELATIONS 11.1 No Partnership And No Third Party Beneficiaries CITY and TRANSPORTATION PARTIES agree that this Agreement does not create a partnership or joint venture relationship between the parties, and does not benefit or create any rights in a third party. 11.2 Force Majeure TRANSPORTATION PARTIES shall be excused from performance of any responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, resulting directly or indirectly from causes and circumstances beyond their control, including but not limited to late delivery or nonperformance by vendors of materials or supplies, incidences of fire, flood, snow, earthquake or other acts of nature, accidents, riots, insurrection, terrorism, acts of war, order of any court or civil authority, and strikes or other labor actions. 11.3 Costs of Legal Action CITY shall be liable for any and all reasonable attorney fees, court costs and other expenses incurred by TRANSPORTATION PARTIES in the event TRANSPORTATION PARTIES pursue legal action to obtain the return of any FlexPass Cards or amount owing under this Agreement. TRANSPORTATION PARTIES shall be liable for any and all reasonable attorney fees, court costs and other related legal expenses incurred by the CITY in the event the CITY prevails in legal action taken against TRANSPORTATION PARTIES regarding this contract. 12. APPLICABLE LAW, FORUM 12.1 Terms This Agreement shall be governed by and construed according to the laws of the State of Washington. Nothing in this Agreement shall be construed as altering or diminishing the rights or responsibilities of the parties as granted or imposed by state law. In the event that any litigation may be filed between the parties regarding this Agreement, CITY and TRANSPORTATION PARTIES agree that personal jurisdiction and venue shall rest in the Superior Court of the county where the TRANSPORTATION PARTY pursuing the action resides. 13. DISPUTES 13.1 Dispute Resolution Procedure All claims or disputes arising out of or relating to this Agreement shall be referred to a panel consisting of CITY's Attorney, KING COUNTY's General Manager, Transit Division, and SOUND TRANSIT's Executive Director, or their designees. If this panel is unable to reach a mutually acceptable resolution, it shall appoint another person to serve as mediator in the effort to resolve the claim or dispute. Such mediation shall be required before an action may be filed to adjudicate the claim or dispute in a court of law. 14. ENTIRE AGREEMENT AND AMENDMENT 14.1 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof. 14.2 Amendments And Modifications This Agreement may be amended or modified only by written instrument signed by the parties hereto. 15. SAVINGS 15.1 Definition Should any provision of this Agreement be deemed invalid or inconsistent with any federal, state or local law or regulation, the remaining provisions shall continue in full force and effect. All parties agree to immediately attempt to renegotiate such provision that is invalidated or superseded by such laws or regulations. FlexPass Agreement Page 5 of 10 City of Renton Mar 2003 — Feb 2004 16. CONTACT PERSONS 16.1 Definition CITY and TRANSPORTATION PARTIES shall designate a contact person for purposes of sending inquiries and notices regarding the execution and fulfillment of this Agreement, as well as ordering of all fare media and vouchers. CITY OF RENTON KING COUNTY, FLEXPASS CARD ORDERS & RETURNS Contact Name John Hasty Jeffrey K. Wong Title Civil Engineer Transit Planner Address City of Renton Transit — Market Development Transportation Planning King County Metro 1055 S. Grady Way, 5`h Floor 400 Yesler Way; MS YES-TR-0600 Renton, WA 98055 Seattle, WA 98104-2615 Telephone 425-430-7246 206-263-3452 Fax 425-430-7376 206-684-2058 E-Mail jhasty@ci.renton.wa.us jeff-mkt-dev.wong@mctrokc.gov SOUND TRANSITk r y " {' Contact Name Brian Brooke Title Fare Integration Project Manager Address Sound Transit 401 S. Jackson Street Seattle WA 98104-2826� Telephone 206-398-5229 Fax 206-398-5215 E-Mail brookeb@soundtransit.org 17. EXECUTION OF AGREEMENT 17.1 Definition This Agreement shall be executed in three (3) counterparts, each one of which shall be regarded for all purposes as one original. In Witness Whereof, the parties have executed this Agreement as of the date first written above. FlexPass Agreement Page 6 of 10 City of Renton Mar 2003 — Feb 2004 FlexPass Agreement Attachment A - Agreement Costs City City of Renton Start Date March 1, 2003 Area FlexPass zone Renton Agreement Year Quantity Rate ($/card) Cost King County • Transit access 330 $53.00 $ 17,490. • Home Free Guarantee (Up to 8 rides/employee/agreement) • Up to $65 per month per vanpooler • FlexPass Card production • Commuter Bonus Plus voucher pool. 1 pool $4,950. Included (4 of FlexPass cards x $15.00) Subtotal — King County 330 $53.00 $ 17,490. King County -provided incentives 330 ($10.00) ($ 3,300.) Total — King County 330 $43.00 $ 14,190. '�, 'n d x° °Ds :�� Sound Transit 330 $17.00 $ 5,610. • Transit access �i�., ;;' b 3'.Y A ; �.k ..�i..{X ✓i F °.2:. r�Y'r f, i T'' ya q d',a �s t � r*A`£ y,` _ ..'t "pR' ;i�?.��."$ Total — FlexPass Agreement 330 $60.00 $ 19,800. Number of FlexPass Cards issued under this Agreement = 330 Payment schedule = '/4 due in each of 60, 90, 180 and 270 days. Eligible Employee contribution ($ per employee) _ $0.00 Monthly rate for ONE additional FlexPass Card = $4.59 (Note: Calculation based on $55.00 / 12 months. The Monthly rate does not include Commuter Bonus Plus vouchers.) Allocation: King County = $3.17 Sound Transit = $1.42 FlexPass Agreement Page 7 of 10 City of Renton Mar 2003 — Feb 2004 FlexPass Agreement — Attachment B Sample Employee Use Agreement Form CITY OF RENTON FlexPass Use Agreement As a FlexPass holder, I agree to the following: 1. The FlexPass is a benefit provided to me as an employee and is to be used only during the period I am employed by this company. 2. I will use my FlexPass for my own transportation only. I will not transfer my FlexPass to any other person. 3. I will keep my FlexPass secure and in good condition. I will immediately report a lost, stolen or damaged FlexPass to the Transportation Coordinator. I understand a lost FlexPass will be replaced only once per year at a charge of $50.00. A non -working FlexPass will be replaced free of charge. 4. I will return my FlexPass upon request or when I leave my employment with this company. If I do not return my FlexPass, I authorize the amount of $144.00, for each whole and partial month remaining on the FlexPass, to be withheld from my paycheck. 5. I understand that the FlexPass card is valid for up to $65 per month on Metro vanpools only. I am responsible for the balance of the vanpool fare each month, payable to the vanpool bookkeeper, which is in excess of the $65 amount. I acknowledge the receipt of my FlexPass, and understand and agree to the terms stated above on using the FlexPass. Employee's Signature Employee's Printed Name Employee's Department or Section Date FlexPass Serial # Transportation Coordinator Use Only - FlexPass returned: Employee's Signature Date FlexPass Serial # FlexPass Agreement Page 8 of 10 City of Renton Mar 2003 — Feb 2004 FlexPass Agreement Attachment C — Home Free Guarantee Home Free Guarantee (hereinafter, "HFG") is a KING COUNTY program that guarantees payment for taxi fares incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in accordance with the terms set forth below. C.1 DEFINITIONS C.1.1 Approved Commute Modes Eligible Employees must have commuted from their principal residence or Park & Ride to the CITY's worksite by one of the following modes: Bus, carpool, vanpool, walk-on or bicycle -on ferry, bicycle, or walk. C.1.2 Eligible Reasons For Using HFG The following are the only eligible reasons for using HFG: a. Eligible Employee's or family member's unexpected illness or emergency. b. Unexpected schedule change such that the normal commute mode is not available for the return commute to the starting place of their commute. Unexpected means the employee learns of the schedule change that day. c. Missing the employee's normal return commute to the starting place of their commute for reasons, other than weather or acts of nature which are beyond the employee's control, and of which they had no prior knowledge. For example, the employee's carpool driver left work or worked late unexpectedly. C.1.3 Non -Eligible Reasons For Using HFG Reasons which are not eligible for HFG use include, but are not limited to, the following: a. Pre -scheduled medical or other appointments. b. To transport individuals who have incurred injury or illness related to their occupation. An HFG ride should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace CITY's legal responsibility under workers' compensation laws and regulations. c. Other situations where, in the opinion of the CITY's Program Coordinator, alternate transportation could have been arranged ahead of time. C.1.4 Eligible Destinations For An HFG Ride a. From the CITY's worksite to the Eligible Employee's principal place of residence. b. From the CITY's worksite to the Eligible Employee's personal vehicle, e.g. vehicle located at a Park & Ride lot. c. From the CITY's worksite to the Eligible Employee's usual commute ferry terminal on the east side of Puget Sound. C.1.5 Intermediate Stops Intermediate stops are permitted only if they are of an emergency nature and are requested in advance by the Eligible Employee and are authorized in advance of the HFG ride by the CITY's Program Coordinator (i.e. pick up a necessary prescription at a pharmacy; pick up a sick child at school). C.2 CITY RESPONSIBILITIES C.2.1 HFG Program Payment CITY's payment for HFG services is accounted for in the base price of the FlexPass Agreement, as indicated in Attachment A. C.2.2 Program Coordinator CITY shall designate as many Program Coordinators as necessary to administer and perform the necessary HFG program tasks as set forth in this Attachment. C.2.3 Number Of HFG Rides Per Eligible Employee CITY shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per twelve (12) month period. FlexPass Agreement Page 9 of 10 City of Renton Mar 2003 — Feb 2004 FlexPass Agreement Attachment C — Home Free Guarantee (continued) C.3 HFG Program Tasks C.3.1 Process To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program Coordinator shall call directly an answering service provider, contracted for by KING COUNTY. The phone number shall be supplied to CITY by KING COUNTY. CITY agrees to make information about how to access HFG rides available to all Eligible Employees. Program Coordinator shall obtain the following information from the Eligible Employee, and provide the information to the answering service provider: a. Verify the Eligible Employee has commuted to the worksite by an eligible mode. b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride. c. Ensure the Eligible Employee has valid identification to show the taxi driver. d. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a receipt of the taxi trip. e. CITY's Program Coordinator shall forward copies of such receipts to KING COUNTY at the end of each month for record keeping and accounting purposes. f. The answering service provider will arrange taxi rides for the Eligible Employee. CA KING COUNTY RESPONSIBILITIES C.4.1 Participating Taxi Company(s) CITY agrees that neither KING COUNTY or answering service provider is responsible for providing transportation services under the HFG program. CITY further agrees that KING COUNTY makes no guarantee or warranty as to the availability, quality or reliability of taxi service, and that the KING COUNTY's sole obligation under the program is to make payment of the taxi provider for trips actually taken in accordance with the terms of this Agreement. CITY agrees it shall make no claims of any kind or bring any suits of any kind against the KING COUNTY for damages or injuries of any kind arising out of or in any way related to the HFG program. Without limiting the foregoing and by way of example only, the CITY agrees that KING COUNTY shall not be liable for any injuries or damages caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond the taxi's control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil authority, and strikes or other labor actions. C.4.2 Payment Of Authorized HFG Taxi Fares KING COUNTY shall pay the metered fare amount of a CITY's Program Coordinator -authorized HFG ride, as defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles. CITY or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in excess of sixty (60) miles. KING COUNTY shall not pay any taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of CITY or the Eligible Employee taking the HFG ride. C.4.3 Reporting KING COUNTY shall keep a complete record of all authorized HFG ride requests on a semi-annual basis and provide a copy of this record to the designated CITY's Contact Person. CAA Program Abuse KING COUNTY reserves the right to investigate and recover costs from the CITY of intentional abuse of the HFG program by Eligible Employees. Program abuse is defined as, but not limited to, taking trips for inappropriate reasons, unauthorized destinations and intermediate stops, and pre -scheduled appointments not defined in the DEFINITIONS section above. FlexPass Agreement Page 10 of 10 City of Renton Mar 2003 — Feb 2004 CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planting/Building/Public Works For Agenda of: DepuDiv/Board.. PBPW/Utility Systems/Surface Water February 10, 2003 Agenda Status Staff Contact...... Gregg Zimmerman, Lys Hornsby Ron Straka (x-7248) Consent .............. X Public Hearing... Subject: Consultant Agreement to Implement the 2003 Monitoring Correspondence.. Plan for the Cedar River Section 205 Flood Damage Ordinance ............. Reduction Project Resolution............ Old Business........ New Business....... Exhibits: Issue Paper Study Sessions....... Consultant contract scope of work, budget and schedule Information......... Recommended Action: Approvals: Council Concur Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... $107,795 Transfer/Amendment....... Amount Budgeted.......... $107,795 Revenue Generated......... Total Project Budget $185,000 City Share Total Project.. SUMMARY OF ACTION: As part of the necessary permit conditions for the Cedar River Section 205 Flood Damage Reduction Project, the City and USACE developed a detailed biological and physical monitoring plan. Implementation of the plan, which is also a permit condition, will afford field verification of predicted project impacts and mitigation benefits on key species (i.e. sockeye and chinook salmon, long fin smelt, etc.). The City is responsible to ensure that the plan is successfully implemented each year until completion. The 2003 monitoring work includes surveys of adult spawning in the lower Cedar River and constructed spawning channels, vegetation surveys, fry production in the Elliot spawning channel, and physical surveys at the Landsburg Gravel Supplementation mitigation site. The Surface Water Utility requests approval for a consultant agreement with Golder Associates to implement the 2003 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction Project. STAFF RECOMMENDATION: The Surface Water Utility recommends execution of the engineering consultant agreement with Golder Associates, Inc., in the amount of $107,795. Funds have been appropriated in the approved 2003 Surface Water Utility Capital Improvement Program budget. Golder Associates is on the 2003 Utility Systems Annual Consultant Roster and, in addition, implemented the majority of the 2000, 2001 and 2002 Monitoring Plan. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\]0.01 Scope of Work\2003 golder agenda bill.doc\RJS\tb CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 29, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the City Council VIA:�XN Mayor Jesse Tanner jibs � �'"' FROM: Gregg Zimmermai�Administrator Planning/Building/Public Works Department STAFF CONTACT: Ron Straka (X-7248) Surface Water Utility Division SUBJECT: ENGINEERING CONSULTANT AGREEMENT FOR 2003 CEDAR RIVER MONITORING ISSUE: The Surface Water Utility is required to implement the 2003 Monitoring Plan for the USACE Cedar River Section 205 Flood Damage Reduction project per the Hydraulic Project Approval issued by the Washington Department of Fish and Wildlife. RECOMMENDATION: The Surface Water Utility recommends approval and execution of an engineering consultant agreement with Golder Associates, Inc., in the amount of $ 107,795 to assist with implementation of the aforementioned monitoring plan. Project funding ($185,000) is appropriated in the Lower Cedar River Sediment Management Program account in the approved 2003 Surface Water Utility Capital Improvement Program budget. Golder Associates, Inc., is included on the 2003 Utility Systems Annual Consultant Roster and, in addition, conducted the required monitoring as part of the 2000, 2001 and 2002 plans. BACKGROUND SUMMARY: As part of the permit conditions associated with the USACE Cedar River Section 205 Flood Damage Reduction Project, the City and USACE developed a detailed post - construction monitoring plan. Implementation of the plan, which is also a permit condition, will afford field verification of predicted project impacts and mitigation HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 ProjectV 0.0 - Monitoring\10.01 -Scope of Work\2003 -older issue.doc\RJS\tb 2003 Cedar River Monitoring Page 2 . , benefits on key species (i.e. sockeye and chinook salmon, long fin smelt, etc.). The City is responsible to ensure that the plan is successfully implemented on an annual basis. The overall monitoring plan (associated with the 1998 dredging and related mitigation projects) consists of ten activities as shown in Table 1. Currently, five of the ten activities have been completed. Please note that maintenance activities - such as annual cross section surveys in the lower Cedar River - are not included in this summary. It is also important to note that extension of certain monitoring activities (i.e. spawner surveys in lower river and side -channels) beyond the permit condition is recommended. The additional spawner surveys will be very useful to determine the actual long-term impacts of dredging on target species and the overall benefits of the mitigation elements, which may help to prevent the need for future mitigation. A list and brief description of the monitoring activities included in the 2003 Monitoring Plan are shown in Table 2. The scope of work, cost estimate, and schedule for the 2003 Monitoring Plan is also attached. CONCLUSION: The Surface Water Utility recommends approval of the consultant agreement with Golder Associates to implement the 2003 Monitoring Plan for the Cedar River Section 205 Flood Damage Reduction Project. The Surface Water Utility has funding sufficient to support implementation of the 2003 Monitoring Plan in the 2003 Capital Improvement Program budget. TABLE 1 2003 MONITORING PLAN ACTIVITIES - STATUS Monitoring Activity Description Actual Start Date Estimated or Actual End Date Completed. 1 Vegetation 1998 2005 No 2 Bird Use 1999 2000 Yes 3 Salmonid Use of Maplewood Revetment 1999 2000 Yes 4 Proposed Side -Channel 1998 2004 No 5 Cedar River Spawning 1998 2002 No 6 Salmonid Predation 1999 2000 Yes 7 Longfin Smelt 1999 2002 Yes 8 Scour Chains 1998 2000 Yes 9 Landsburg Gravel Supplementation 2000 2010 No 10 Elliot -Side Channel 2000 2003 No HAPile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Projects 0.0 - Monitoring\10.01 -Scope of Work\2003 golder issue. doc\RJS\tb 2003 Cedar River Monitoring Page 3 , TABLE 2 2003 MONITORING ACTIVITIES - TASKS AND OBJECTIVES Monitoring Description Task and Objective Activity (Per Table 1) 1 Vegetation Monitor installed riparian vegetation along river and at mitigation sites to determine if the goals have been met. 4 Proposed Side- Monitor spawning activity and rearing activity within the Channel proposed side -channel (that will replace the 205 Groundwater Channel) to determine if spawning goals have been met and salmonids other than sockeye are utilizing the channel. 5 Cedar River Monitor the number of sockeye and redds (i.e. egg nests) in Spawning Cedar River between Lake Washington and I-405 to determine if lower river escapement goal has been met. 9 Landsburg Monitor river channel below Landsburg bridge to determine Physical Surveys if supplanted spawning gravel was transported downstream. 10 Elliot Side- Monitor spawning activity and rearing activity within the Channel Rearing proposed side -channel (that will replace the 205 Groundwater Channel) to determine if spawning goals have been met and salmonids other than sockeye are utilizing the channel. HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\10.0 - Monitoring\10.01 - Scope of Work\2003 golder issue.doc\RJS\tb Exhibit A — Scope of Work January 8, 2003 City of Renton Utility Systems Division -Surface Water 1055 South Grady Way Renton, Washington 98055 ATTENTION: Gary M. Schimek, P.E., Project Manager, RE: CEDAR RIVER MONITORING 2003 Dear Mr. Schimek: Our ref: P03-1011 The following is a scope of work presented by Golder Associates Inc. (Golder) to complete fisheries monitoring activities during 2003 on the Cedar River, in Renton, Washington. The monitoring is required to ensure that proposed mitigation actions adequately address any significant environmental impacts from the USACE Cedar River Section 205 Flood Damage Reduction Project implemented by the Corp of Engineers and the City of Renton. The following includes a proposed scope -of -work, task list, and budget to complete the fieldwork and reports for this project. SCOPE OF WORK The following is a list of tasks that need to be completed to successfully perform each monitoring component. Task 100: Project Management: This task includes tracking project budget and submitting a "percent task completed" update with each invoice to the City of Renton. It will also involve periodic discussions with the City of Renton, and other agencies involved in similar work on the Cedar River. Task 200: Fry production in Elliot Rearing/Spawning Channel: This task includes use of fyke nets to assess sockeye fry emergence and outmigration from the side -channel to determine survival -to -emergence of embryos from fall and winter spawning. Fry outmigration will be monitored two nights per week from mid -March to mid -May. Secondary objectives include characterization of emergence and outmigration timing, use of side -channels by other salmonids, and use of side -channel by non-salmonid fishes. Task 300: Landsburg Physical Surveys: This task's objective is to determine channel changes after gravel supplementation consistent with previous years' methods. It includes five cross -sectional river surveys, and four Wolman pebble counts. Task 300 also includes snorkel surveys and water quality monitoring associated with gravel placement to determine if adult steelhead or chinook spawners are in the area. City of Renton. January 8, 2003 Mr. Gary Schimek 2 P03-1011 Task 400: Vegetation Surveys: This task will include vegetation monitoring to ensure survival of mitigation planting and to determine if maintenance activities to remove non- native invasive plants should be undertaken. The plantings in the Cedar River Trail Park, the left bank of the lower river adjacent to the airport, Elliot Rearing/Spawning Side -Channel, and the Maplewood Revetment, and the Landsburg ramp will be evaluated for percent cover, canopy cover, and percent survival. In the lower river, the plantings will be assessed in 3.33-m (11-ft) diameter circular plots every 100 in (330ft). Photos will be taken from the pre -established points to assess the overall vegetation; ensuring plots are representative of the entire area. This task will also include coordination with groups working with restoration plantings. Task 500: Lower Cedar River Sockeye Spawning. The objective of spawning surveys is to determine the location and number of sockeye and chinook redds between the mouth of the Cedar River at Lake Washington and the I-405 Bridge, over the course of the spawning season, and have a cumulative count by the end of the survey season. Redds and fish will be counted on surveys conducted biweekly from mid -September through December (2003) as flow and visibility allow, and weekly at the peak of spawning activity (maximum 10 days total). This task will take two biologists one field day for each survey. Redds and fish will be counted by river reach as previously conducted. Task 600: Elliot Rearing/Spawning Side -Channel and 205 Replacement Side -Channel. Surveys will be conducted by a single observer in one day for both surveys. Number of fish, and redd location and number will be recorded. Surveys will be conducted biweekly, and weekly at the peak of spawning, to get a cumulative count by the end of the season. Task 700: Report Preparation. This task includes the preparation of the final report of all the data collected from tasks 300 through 700. Each report will be submitted 30 days following completion of the last monitoring date for each task. Five reports will be prepared: 1. Results of fry monitoring 2. Results of Landsburg physical surveys 3. Results of vegetation survey, including recommendations if the required percent canopy cover is not being met. 4. Results of lower main stem and side -channel sockeye spawning surveys. ASSUMPTIONS Golder staff will have access to the site for field visits. ESTIMATED COST We will complete the scope of work for an estimated fee of $107,795. The estimated costs and timeline to complete the proposed scope of work are detailed and presented in Attachments A and B. The contract for this work is also attached. Upon your approval, please sign and return a copy for our City of Renton. Mr. Gary Schimek January 8, 2003 P03-1011 records. Please note that if further research or monitoring is required, Golder will notify the City of Renton and discuss both scope and budget modifications. We trust the foregoing is satisfactory for your current needs. If you should have any questions or require additional information, please do not hesitate to call us at (425) 883-0777. Sincerely, GOLDER ASSOCIATES INC. Doug Dunster Principal Attachments DD/PC/tp oioapcl.aoc Paul Conrecode Project Fisheries Biologist January S, 2003 1 W41.111: -0 01] Cedar River Monitoring Timeline P03-1011 Page 1 of 2 2003 timeline January 8, 2003 EXHIBIT B P03-1011 Page 2 of 2 2003 timeline January 8, z003 EXHIBIT C Cedar River Monitoring 2003 Proposed Budget P03-1011 Task Task Description Project Cos ask Labor Labor Subtotal Travel Field Equipment Misc. Budget Hours Overhead profit Fax/Phone/Copies (155.41%) (12%) 100 Project 110 3,124 4,855 957 8,936 130 0 439 9,505 Mana ement 200 Fry Monitoring 742 15,998 24,862 4,903 45,763 1,449 3,671 160 51,043 300 Landsburg 126 3,316 5,153 1,016 9,485 121 577 200 10,383 Physical Surveys 400 Vegetation 96 2,625 4,080 805 7,510 115 107 0 7,732 Surveys 500 Lower Cedar 160 3,880 6,030 1,189 11,099 360 445 120 12,024 River Spawner Surveys 600 Side -Channels 80 2,200 3,419 674 6,293 180 707 140 7,320 Spawner Surveys 700 Report Writing 118 3,212 4,992 984 9,188 0 0 600 9,788 TOTAL i I i i i i i 1107,795 oiospc3.a« PUBLIC SAFETY COMMITTEE REPORT February 10, 2003 The Public Safety Committee was, briefed by the Police Department regarding the alleged. increase in burglaries in the Renton Highlands shopping area: The Committee concurs in staffs recommendation that no additional action be taken at this time. #�e r J ..; Don Persson, Vice Chaim . , �. t Toni Nelson, Members � � L I ... > • Terri Briere Substitute Merfibero Zk Garry Anderson; Chief of Police February 10, 2003 TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT February 10, 2003 SR-167 Springbrook Creek Culvert Replacement Project (Referred January 27, 2003) APPROVED BY CITY COUNCIL Date Construction Permit U030038 was approved for the project pending conditions required by the Renton City Council and Board of Public Works: The Board of Public Works met on January22"a and issued an approval of .the noise variance subject to meeting the listed mitigation measures indicated in.a subsequent January 22°a; 2003 letter sent to the Washington State Department of Transportation (WSDOT). The Transportation' Committee met on an�uary 30`�' and determined other requirements of -the SR-167 weekend.. closure to be a complishedkby WSDOT in order 'to address area business and resident issues'7,Theiefore, Transportation Committee recommends concurrence in staff s recom nendattoo ppr..ove the S -1 closure with the following additional requirements �!V, 1) The SR-167: closure between South Z12 ' Sti etland SSW 43rdStreet is approved for all weekends in July and Septembert is the�pref�r#ence of the Committee that, if a July weekend is chosen the weekdFh of��tl e 5' dnd 26`h bye astl rionty due to the City celebration of Renton RiverjDaysFrthe`ririore, no dates in August will, be allowed for. the closure. r� ; 2) .The Committee expressed i'syreference for usingW�shing on State Patrol officers for ~ st Td flagging traffic at the intersection,bf�SW°4'1 and East Valley Road, SW 43 and East b r� Valley Road and the norlhbouhd eitraneexo R"`167 and S 43Ta: However; the Committee agreed to -allow Athe,;J&'ke i=iighway I partment to provide experienced, trained flaggers to do 'traffic control at the'se�hree intersections. The. Transportation.Committee further recommends requiring the State to provide this traffic control at the three intersections at all times as a condition of the permit. 3) , Signage with' lettering of at least 18" high to clearly direct traffic to major businesses and destinations such as IKEA, Valley Medical Center, and Southeenter Mall will .be provided by WSDOT. In addition, WSDOT agrees to leaflet major businesses located within the vicinity of the project prior to the closure. The City of Rentonwill provide a list of specific business and major .destinations to .include in WSDOT's. distribution at least three weeks.prior to the closure. Businesses or public service agencies that will. require additional written notification will include, but are not limited to Medic 1, Renton School District, King County -Metro (transit);. Valley Communications, and the Cities of Renton, Tukwila, and Kent. 4) Signage will be provided to forewarn the traveling public °of the SR-467 closure at South Carr Road (P:etrovitsky Road SE) and Benson Road South (108th Ave. SE) and other major intersections within the vicinity. . 5) Signage will also be provided on East Valley Road at SW 43Ta for northbound traffic CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 � 2 D A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH KING COUNTY AND SOUND TRANSIT FOR THE SALE OF FLEXPASSES TO CITY OF RENTON EMPLOYEES BY KING COUNTY. WHEREAS, the City of Renton, King County and Sound Transit share the desire to provide a transportation management program that will reduce single -occupant vehicle travel and improve the mobility of employees to the City's worksites; and WHEREAS, the County, through its Department of Transportation, provides buses, vanpools and the Home Free Guarantee program; and WHEREAS, the County, through those programs, is authorized to promote alternatives to single occupant vehicle commuting in King County; and WHEREAS, the City wishes to provide incentives to its employees which promote non - single -occupant vehicle commuting to its worksites; and WHEREAS, the City and County desire to utilize F1exPasses which can be used to access a variety of services and benefits which enable the City's employees to commute by non -single occupant vehicles; and WHEREAS, it is necessary to document the terms and conditions under which such program will be provided by the County to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement for the sale of passes between King County, Sound Transit and the City of Renton for F1exPasses, vanpool fare incentive, and the Home Free Guarantee program. PASSED BY THE CITY COUNCIL this day of 1 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2003. Approved as to form: Lawrence J. Warren, City Attorney. RES.964:1/23/03:ma Jesse Tanner, Mayor 2 0?-i9 -aoo3 CITY OF RENTON, WASHINGTON ORDINANCE NO. SOO / AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-2-020, 4-2-060, 4-2-070, 4-2-080, AND 4-2-120 OF CHAPTER 2, ZONING DISTRICTS USES AND STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY AMENDING THE CENTER OFFICE RESIDENTIAL 3 (COR 3) ZONE TO ALLOW BIG BOX RETAIL. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-2-020.0.2.c, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: C. COR 3 is applied to the properties commonly known as the Southport and Fry's sites. SECTION II. Section 4-2-060.I of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown on Exhibit "A," attached. SECTION III. Section 4-2-070.0 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit `B," attached. SECTION IV. Section 4-2-080.A of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of 1 ORDINANCE NO. General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, 4-2-080.A.71, to read as follows: 71. Big —box retail to be permitted in the COR 3 Zone, east of Garden Avenue North and north of N. 8`h Street. SECTION V. Subsections "Density" and "Height" of Section 4-2-120.B of Chapter 2, Zoning Districts — Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as shown in Exhibit C, attached. SECTION VI. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of )2003. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1028:2/6/03:ma !ONING USE TABLE JSES - RETAIL adult retail use Sig -box retail )rive-in/drive-through, retail =afing and drinking establishments iorticultural nurseries tetail sales Zetail sales, outdoor avems /ehicle sales, large iehicle sales, small 0 D r v m N EXHIBIT "A" RESIDENTIAL ZONING DESIGNATIONS RC I R-1 I R-5 I R-B I RMH I R-10 I R-14 I RM 1 1 1131 33 791 INDUSTRIAL COMMEF IL IM I IH CC CN 0 IP30 IP30 i P15 4-2-060 E lgmgm�zmm I/M�M�MMW 1i� MM__ EXHIBIT "B" 4-2-0700 CENTER OFFICE RESIDENTIAL (COR) USES: TYPE: AGRICULTURE AND NATURAL SOURCES Natural resource extraction/recovery H ANIMALS & RELATED USES Kennels, hobby AC #37 Pets, common household, up to 3 per welling unit or business stablishment AC RESIDENTIAL Attached dwelling P #19 OTHER RESIDENTIAL, LODGING AND OME OCCUPATIONS Group homes 11 for 6 or less P Group homes 11 for 7 or more AD Home occupations AC #6 Retirement residences P SCHOOLS -12 educational institution (public or private) H #9 -12 educational institution (public or private), existing P #9 Other higher education institution P #21 ARKS Parks, neighborhood P Parks, regional/community, existing P Parks, regional/community, new AD OTHER COMMUNITY & PUBLIC ACILITIES Community Facilities Cemetery H Religious institutions H Service and social organizations H #21 Public Facilities City government offices AD City government facilities H Other government offices and facilities H FFICE AND CONFERENCE onference Center P #21 edical and dental offices P ffices, general P eterinary offices/clinics P TAIL Big box retail P #71 Eating and drinking establishments P #27 Horticultural nurseries H Retail sales P #21 Taverns P #21 ENTERTAINMENT AND RECREATION Entertainment Mural facilities AD Dance clubs H Dance halls H Recreation Golf courses(existing) P Golf courses (new) H Marinas P #21 Recreation facilities, indoor P #21 SERVICES Services, General Hotel P On -site services P #21 rive-in/drive-through service AC #61 Day Care Services Adult day care I P Adult day care H P #21 Day care centers P #21 Family day care AC ealthcare Services Convalescent centers AD Medical institutions H VEHICLE RELATED ACTIVITIES Parking garage, structured, commercial or public P it Transportation Uses ell ads, accessory to primary use H TYPES: Blank --Not Allowed P=Permitted Use P#=Permitted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use i` #=Condition(s) Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3- 050.C, Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts and RMC 4-3-090, Shoreline Master Program Requirements. EXHIBIT "B" A-2-0700 CENTER OFFICE RESIDENTIAL (COR) STORAGE Indoor storage AC #11 USTRIAL Industrial, General Laboratories: research, development d testing H Manufacturing and fabrication heavy P #23 Manufacturing and fabrication, light P #23 Manufacturing and fabrication, medium P #23 Solid Wast&RecycUng Recycling collection station P ITIES Communications broadcast and relay towers H Electrical power generation and cogeneration H #66 Utilities, small P Utilities, medium AD Utilities, large H WIRELESS COAZIAMCATION FACILITIES Lattice towers support structures H #48 Macro facility antennas P #44 Micro facility antennas P Mini facility antennas P #44 Minor modifications to existing wireless communication facilities P #49 Monopole I support structures AD #46 Monopole II support structures H #48 GENERAL ACCESSORY USES Accessory uses per RMC 4-2-050 and s defined in RMC 4-11, where not otherwise listed in the Use Table AC EMPORARY USE Model homes in an approved residential development: one model home on an existing lot P #10 Sales/marketing trailers, onsite P #10 Temporary or manufactured buildings used for construction P #10 Tcmjorary uses P #53 TYPES: Blank --Not Allowed P=Pemutted Use P#=Pernutted provided condition can be met AC=Accessory Use AD=Administrative Conditional Use H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3- 050.C, Aquifer Protection Regulations; RMC 4-3-040.C, Uses Permitted in the Automall Improvement Districts, and RMC 4-3-090, Shoreline Master Program Requirements. 9-2-120B Exhibit "C" DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS S!TY Net.Dertsi Minimum Net 25 dwelling units per net acre NA Where a development involves a Residential Density mix of uses then minimum The minimum density requirements residential density shall be 16 shalt not apply to the subdivision dwelling units per net acre. 9.25 and/or development of a legal lot'/ acre or less in size as of March 1, When proposed development does 1995. not involve a mix of uses, then minimum residential density shall be 5 dwelling units per net acre.s,zs The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. Exhibit "C" DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS 136haf 16- E. sir Vn 0"A n n ximurn Net L es,idential Density 100 dwelling units per net acre. Density may be increased to 150 NA COR I and 2: (Generally the Stoneway Concrete Site and Port dwelling units per acre subject to Administrative.Conditional Use Quendall Site, respectively): 25 approval. dwelling units per net acre, without bonus. Bonus density may be achieved subject to noted requirements in RMC 4-9-065, Density Bonus Review COR 3 (Generally the Southport Site and Fry's site): 50 dwelling units per net acre.9,1'5 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for I separate lease or conveyance. -n M ru -71 0 D C+ _U 2 Exhibit "C" DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS Maximum Building Height 95 ft.6,10 250 ft.612 COR 1 (Generally the Stoneway Concrete Site): 10 stories and/or 125 ft.e, 14 COR 2 and 3 (Generally the Part Quendall Site, 's Site, and the Southport Site respeeWely: 10 stories and/or 125 ft.; provided, the master plan includes a balance of building height, bulk and densitys; and provided, that in the COR 3 Zone only, buildings or portions of buildings which are within 100 ft. of the shoreline shall not exceed a maximum height of 75 ft's Maximum Building Height When a 20 ft: more than the maximum height allowed in the abutting 20 ft. more than the maximum height allowed in the abutting Determined through site plan Building is Abutting? residential zone, RC, R-1, R-5, R- residential zone, RC, R-1, R-5, R- review." a Lot Designated as 10, R-14, RM-I, RM-N, RM-C, RM- 10. R-14, or RM.6 Residential T, or RM-U.6," See RMC 4-4-140G. Maximum Height for Wireless See RMC 44-140G. See RMC 44-140G. Communication Facilities 3 M CITY OF RENTON, WASHINGTON ORDINANCE NO. 5-0 Q 2- AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6-18, PENAL CODE, OF TITLE VI, POLICE REGULATIONS, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- BY REORGANIZING, ADDING DEFINITIONS, AND MAKING THE POSSESSION OR MAKING OF AUTO THEFT TOOLS A CRIME. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 6-18-18.1) of Chapter 18, Penal Code, of Title VI, Police Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby deleted. SECTION II. Section 6-18-19, Severability, of Chapter 18, Penal Code, of Title VI, Police Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby renumbered as Section 6-18-21, with new Sections 6-18-19 and 6-18-20 added, to read as follows: 6-18-19. Making or Having Auto Theft Tools: A. Every person who shall make or mend, or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement or any other implement listed in subsection B, that is adapted, designed, or commonly used for the commission of vehicle related theft, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a vehicle related theft, or knowing that the same is intended to be so used, shall be guilty of making or having auto theft tools. B. The following tools are to be considered prohibited implements: 1) slim jim, 2) false master key, 3) master purpose key, 4) altered or filed key, 5) trial ("jiggler") keys, 6) slide ORDINANCE NO. hammer, 7) lock puller, or 8) any other implement when shown by facts and circumstances is intended to be used in the commission of a vehicle related theft. C. For the purposes hereof, the following definitions shall apply: 1. False master or Master key: Any key or other device made or altered to fit locks or ignitions of multiple vehicles, or vehicles other than that for which the key was originally manufactured. 2. Altered key: any key so altered, by cutting, filing, or other means, to fit multiple vehicles, or vehicles other than the vehicle for which the key was originally manufactured. 3. Trial ("Jiggler") keys: Keys or sets designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured. D. Possession of multiple vehicle keys, or altered vehicle keys, shall be prima facie evidence of "circumstances evincing an intent to use for commission of a vehicle related theft." This presumption may be rebutted where such person is a bona fide locksmith or an employee of a licensed auto dealer or other position for which the possession of such keys is necessary for the performance of his/her duties. 6-18-20. Violation — Penalty: Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. 2 ORDINANCE NO. T PASSED BY THE CITY COUNCIL this day of , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2003. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1025:1 /3/03:ma Jesse Tanner, Mayor N