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HomeMy WebLinkAboutCouncil 10/04/2010AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  October 4, 2010  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATION a. Fire Prevention Week ‐ October 3 to 9, 2010  b. National Domestic Violence Awareness Month ‐ October, 2010  4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 9/27/2010.  Council concur.  b. Mayor  Law  appoints  the  following  individuals  to  the  Municipal  Arts  Commission:   Sarah  Eldridge  for  an  unexpired  term  expiring  12/31/2012  (position  previously  held  by  Valerie  Gower), and Peter Hartley for an unexpired term expiring 12/31/2011 (position previously held  by Michael O'Halloran).  Refer to Community Services Committee.  c. City  Clerk  reports  appeal  of  Hearing  Examiner’s  decision  regarding  the  Eagle  Ridge  PUD  application (LUA‐09‐150, ECF, PPUD); appeal filed by Chris Koruga, Eagle Ridge Villas, LLC,  accompanied  by  required  fee.  Consideration of the appeal by the City Council shall be  based solely upon the record, the Hearing Examiner's report, the notice of appeal, and  additional submissions by parties (RMC‐4‐8‐110.F.6.). Refer to Planning and Development  Committee.  d. Executive  Department  recommends  adoption  of  a  resolution  proclaiming  support  for  the  Northwest Men's Project Pledge regarding domestic violence.  Council concur.  (See 8.a. for  resolution.)  e. Executive Department recommends amending City Code to add a new section regarding Public  Defense Standards.  Refer to Public Safety Committee.  f. Finance  and  Information  Technology  Department reports  request  from  Lime  Hill  Properties,  LLC/Moss  Road,  LLC  (Rencliffe  Apartments) for utility  bill  adjustment  and  recommends  granting the adjustment in the amount of $2,811.44.  Refer to Finance Committee.  Page 1 of 469 g. Finance  and  Information  Technology  Department  requests  approval  to  retire  the  remaining  Golf Revenue Refunding Bonds, Series 1999, and authorize an interfund loan of $1,875,000 to  the Golf Fund (404), saving $175,009 over five years.  Refer to Finance Committee.  h. Human  Resources  and  Risk  Management  Department  recommends  approval  of  the  AFSCME Local 2170, IAFF Local 864 Firefighters and Battalion Chiefs, and the Renton Police  Officers'  Guild,  Non‐Commissioned  personnel  labor  agreements  for  2010‐2012.   Refer  to  Finance Committee.  i. Municipal Court recommends accepting $35,000 in grant funds from the National Center for  State  Courts  to assess  ways  to  operate  with  greater  efficiency,  and  requests  $3,500  in  matching funds from the General Fund.  Total cost of the assessment: $54,250.  City's share:   $19,250.  Council concur.  j. Utility  Systems  Division  submits  CAG‐10‐040,  Stonegate  Lift  Station  Conveyance  Improvements, and requests approval of the project, authorization for final pay estimate in the  amount of $3,832.50, commencement of 60‐day lien period, and release of retained amount of  $42,231.43 to Shoreline Construction, Co., contractor, if all required releases are obtained.   Council concur.  7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Committee of the Whole:  2011/2012 Utility Rates*  b. Finance Committee:  200 Mill Building Lease with PMC Bancorp; Parking Garage Fee Waiver  Request;  Electronic  Document  and  Records  Management  System  Contract  with  VPCI/Laserfische  c. Planning & Development Committee:  City Center Community Plan  d. Public Safety Committee:  2009 International Building Code & Updated State and International  Codes with City Amendments*; 2009 International Fire Code with City Amendments*  8.RESOLUTIONS AND ORDINANCES Resolution: a. Proclaiming support for the Northwest Men's Project Pledge regarding domestic violence  (See 6.d.)  Ordinances for first reading: a. Adopting 2009 International Building Code with City amendments (See 7.c.)  b. Adopting updated editions of State and International Code with City amendments (See  7.c.)  c. Adopting the 2009 International Fire Code with City amendments (See 7.c.)  Ordinances for second and final reading: a. Approving the Kendall Annexation (1st reading 9/27/2010)  b. Establishing the 126th Ave. SE Extension Sanitary Sewer Special Assessment District (1st  reading 9/27/2010)  Page 2 of 469 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 10.AUDIENCE COMMENT 11.EXECUTIVE SESSION (property acquisition) 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   October 4, 2010  Monday, 5:30 p.m.     Utility Rates; Parks, Recreation & Open Space Plan; Airport Issues (briefing only)    • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •     CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 3 of 469 3a. ‐ Fire Prevention Week ‐ October 3 to 9, 2010 Page 4 of 469 3b. ‐ National Domestic Violence Awareness Month ‐ October, 2010 Page 5 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Municipal Art Commission Appointments Meeting: Regular Council - 04 Oct 2010 Exhibits: Applications for Boards-Commissions-Committees Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law appoints the following to the Municipal Arts Commission: Ms. Sarah Eldridge, 10605 SE 261st Place, D-301, Kent, 98030, for a term expiring 12/31/12 (previously held by Valerie Gower) Mr. Peter Hartley, 600 Cedar Avenue South, Renton, 98057, for a term expiring on 12/31/2011 (previously held by Michael O'Halloran) STAFF RECOMMENDATION: Confirm Mayor Law's appointments of Ms. Eldridge and Mr. Hartley to the Municipal Arts Commission. 6b. ‐ Mayor Law appoints the following individuals to the Municipal Arts  Commission:  Sarah Eldridge for an unexpired term expiring 12/31/2012  Page 6 of 469 6b. ‐ Mayor Law appoints the following individuals to the Municipal Arts  Commission:  Sarah Eldridge for an unexpired term expiring 12/31/2012  Page 7 of 469 6b. ‐ Mayor Law appoints the following individuals to the Municipal Arts  Commission:  Sarah Eldridge for an unexpired term expiring 12/31/2012  Page 8 of 469 6b. ‐ Mayor Law appoints the following individuals to the Municipal Arts  Commission:  Sarah Eldridge for an unexpired term expiring 12/31/2012  Page 9 of 469 6b. ‐ Mayor Law appoints the following individuals to the Municipal Arts  Commission:  Sarah Eldridge for an unexpired term expiring 12/31/2012  Page 10 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appeal of Hearing Examiner's decision dated 7/12/2010 regarding the Eagle Ridge PUD application; 1600 Benson Rd S. (File No. LUA-09- 150 ECF, PPUD) Meeting: Regular Council - 04 Oct 2010 Exhibits: Responses to appeal notice (3) (9/27/2010) City Clerk’s appeal notification letter (9/17/2010) Appeal to Council from Chris Koruga, Eagle Ridge Villas, LLC. (9/10/2010) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie I. Walton, City Clerk Recommended Action: Refer to Planning and Development Committee. Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: EXHIBITS CONTINUED: Response to Request for Reconsideration (8/30/2010) Request for Reconsideration from Chris Koruga, Eagle Ridge Villas, LLC. (7/26/2010) Hearing Examiners’ Recommendation (7/12/2010) Appeal of the Hearing Examiner’s Recommendation on the Eagle Ridge Apartments & Offices PUD; 1600 Benson Rd S. was filed on September 10, 2010, by Chris Koruga, Eagle Ridge Villas, LLC., accompanied by the required $250.00 fee. STAFF RECOMMENDATION: Council to take action on the Hearing Examiner's Recommendation and the subsequent appeal regarding the Eagle Ridge Apartments & Offices PUD application. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 11 of 469 EAGLE RIDGE VILLAS LLC CITY QF RENTON Renton City Council „.„„ SEP 2.7 2010 1055 South Grady Way K CITY CLERK'S OFFICE Renton,Wa 98057 Dear Council Members, I am one of the owners of the mixed-use project known as Eagle Ridge Apartments and Offices PUD. A Hearing Examiner's decision of July 12, 2010 has been appealed to the Renton City Council and I would like to take this opportunity to provide comments and support of our position as you prepare to deliberate on this very important matter. Our company has invested three years and over $200,000 in trying to design a project on our property that is both economically feasible as well as aesthetically pleasing to the prospective tenants, neighbors and the public at large. We feel we have accomplished that. The buildings we propose and the amenities we are offering to tenants and the public are creative, innovative and will be a welcome addition to the Benson Hill Neighborhood. The construction and operations of the buildings will provide jobs for dozens of local residents and add thousands of dollars in tax revenues to the City, State and Federal governments. Most importantly they will provide quality, affordable housing, office space and open space to more than 200 residents of the Renton community. We believe strongly that condition #16 of the 23 conditions outlined in the Hearing Examiners Report is unnecessary. This condition requires that we build a 6/12 pitched roof on our buildings and alter the design we have submitted. We concur with the Examiner on all conditions except this one. 5454 30th Ave SW Seattle, WA 98126 206 937-4525 206 595-5791 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 12 of 469 EAGLE RIDGE VILLAS LLC The decision to use a pitched roof or a flat roof, provided the code does not exclude one or the other, should be left to the designer and not the Examiner. The Commercial Arterial design guidelines of Renton do not encourage either pitched or flat roofs. The fact is that most CA zoned properties in Renton and other municipalities opt for flat roofs with building details that resemble what we have proposed. Our project was designed in the spirit of the Burien Town Center which incorporates commercial space and residential living units. Like the Town Center and many CA zoned properties around our City, there is a predominant mix of residential units vis a vis commercial space. Ours is no exception. To reiterate our position we hope the Council will consider the following facts that were presented at the Hearings: 1) Eagle Ridge Villas LLC has presented a creative, innovative mixed use project which has met all but one of the conditions that the Hearing Examiner requested. 2) The City of Renton Building Department had expressed no objection to our proposed flat roof during any of the preliminary applications, during plan review over 2 years, or at either of the Hearings conducted by the Hearing Examiner. 3) The Commercial Arterial Design Criteria does not require pitched roofs even if the predominant component of a project submitted are residential living units. 4) The majority of rooflines in Commercial Arterial Zoned areas are flat. 5) The majority of rooflines in Commercial Arterial Zoned areas along Benson Hill Road S. are flat. 6) The roofline for these proposed buildings, because of the elevations, is not visible from Benson Hill Road South or from within the proposed project. 7) The only neighbor whose view is impacted by our proposed roofline is the Lodge at Eagle Ridge. They have expressed no objection to the use of a flat roof. Page 2 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 13 of 469 EAGLE RIDGE VILLAS LLC 8) In the spirit of cooperation with our only neighbor who would be impacted by our structures, The Lodge, we have entered into an agreement to protect their views by limiting the height of our buildings. That height limitation is reflected in our proposal. Condition 16 is oppressive and unnecessary. It would force us to take off two floors of our proposed building, eliminate 40% of our units and render the project economically unfeasible. In 2006 we proposed a 29 unit multi family project on this property to the City of Renton and completed preliminary review. The project, which featured 6/12 rooflines, was discouraged, or, perhaps more accurately, redirected towards a higher density use in the pending Commercial Arterial zoning. We were told that the City was encouraging higher density and mixed use projects. We have been guided by the City of Renton Building Department for three years and now find ourselves in the difficult position of having lost our rights to build our initial project, having invested hundreds of thousands of dollars in this project and unsure if we are even going to be able to utilize our land. My partner Dr. Robert Hancheroff and I have a long history in Renton. We have built and managed properties in Renton for over 40 years. This is our community! We believe in Renton and want to continue investing our time and energy in quality projects like the one we have proposed. I hope the council will consider the benefits of this project, its aesthetic validity and the value that it will bring to our community. Sincerely, Chris Koruga Eagle Ridge Villas LLC Page 3 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 14 of 469 The Renton City Council DECEIVED 1055 South Grady Way ^rp o 7 onin Renton, Wa 98057 htv c ' Lm Renton City Council Re: File No. LUA-09-150, PPUD, ECF CjTY OP Dc_,^ oi i Y OF RENTON SEP 27 2010 Sept. 22, 2010 u _.,_. RECEIVED CITY CLERK'S OFFICE Dear Renton City Council, I am writing this letter in support of a mixed-use project that was submitted to the Hearing Examiner and which is being appealed to your office. Over the past two years I have been working alongside John Minden, the lead architect hired by Eagle Ridge Villas LLCf. Part of my responsibility has been to do design and landscape research for the project. Two years ago we met with the Renton Building Department and were furnished with the guidelines for development in the commercial arterial zoning of Renton. At that point we began our preliminary research into structures and site access requirements that would fit within these design guidelines. Over the first year we looked at numerous buildings within the Renton City limits as well as surrounding municipalities like Kent, Burien, Seattle and Bellevue. The nature of this zoning and the desire of the City or Renton to incorporate higher density and mixed uses challenged us to find the right design that would fit on this unique site. We settled on buildings which have many of the characteristics of the award winning Burien Town Center: www.burientownsquare.com/ Our buildings have a modern design with extended soffiting and oversized cedar supports. To add further interest we proposed several different siding materials, colors and transitions. The exterior transitions in this design allow us to keep residents connected to the outside and have a feeling of privacy within a large community. I hope the council can appreciate the efforts John Minden and I have made in the design of this project. We are very proud of the project and hope you will agree it is worth building. Sincerely, 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 15 of 469 '.") AA Ana Maria Aguirre Koruga -VUAAJL pTi/u. u UNITS) STATES 1 P<JSTALS£RXriC£ j ,1000 PljWffl 98057 U.S. F PR] SEfiTTL 38 i SEP 2-= AMOU $0 0002 v"...."?- \J S~" C .• HilHl«MliHil,},I,„l„-|i»,'i,i„II„,},}l.jl|ll|,|l,IIi// 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 16 of 469 CITY OF RENTON SEP 27 2010 RECEIVED Renton City Council CITY CLERK'S OFFICE 1055 South Grady Way vu CM^;/ Renton, Wa 98057 RE: File No. LUA 09 150 PPUD, EOF Dear City Council, I enclose a letter and engineering drawings from TEC engineering group, the principal civil engineers on our project at 1600 S. Benson Hill Rd, currently under appeal to the council. In addition I am enclosing a copy of a View Easement and Restrictive Covenant which was entered into by The Lodge at Eagle Ridge and Eagle Ridge Villas LLC. The intention of this view easement was to protect, to as great a degree as possible, the views of our neighbor, The Lodge at Eagle Ridge. Ultimately we agreed on a height restriction of 226 above sea level which translates into five feet above the grade level of the Lodge. The final easement document signed by the two parties will be made available to you upon request. We thank you for your attention to these details. Over the past several years we have worked closely with our neighbors to create a project that will be welcomed by everyone concerned. There have been no objections to the style of our building or the rooflines by any of the interested parties. Sincerely, Chris Koruga Eagle Ridge Villas LLC 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 17 of 469 ifcHit gl ___L n-t P ^tiii^tti '. ,__^J---^-^"V 3^ i 485 Rainier Blvd. N, Ste. 102 Taylor P.O. Box 1787 Enqineerinq issaquah, WA 98027 _» ,. . phone (425) 391-1415 Consultants fax (425) 391 _1551 www.tecdvil.com September 27,2010 Mr. Chris Koruga 5454 30th Avenue SW Seattle, WA 98126 Re: Eagle Ridge Apartments/Mixed-Use, impacts of a gable roof Dear Chris: I have reviewed the sight lines for the proposed Eagle Ridge Apartment/Mixed-Use buildings to determine the visibility of the roof from the Benson Road South frontage as well as the private assisted living facility behind. Attached are two cross sections cut through the proposed facility. These show that the line of sight from the Benson frontage does not provide any visibility of the roof. Similarly, the sight lines from the property behind are such that only the peaked portion of the gable would be visible. As a result, we can conclude that the roof type (gabled roof versus flat) has limited impact on the aesthetic value from the roadway frontage; and the property to the east sits substantially above the project lot so the aesthetic value of a gabled roof is lost from this perspective. Furthermore, i understand that the owner of this neighboring property is not opposed to a flat roof, and is merely concerned that the maximum building height be no higher than elevation 226. In addition to the aesthetic impacts, there is a financial impact resulting from the loss of useable space. Constructing the zoning code-required 6:12 gabled roof slope results in a 15-foot high gable peak. This reduces the available building volume by 2 stories, which may make the project financially infeasible. Sincerely, Taylor Engineering Consultants, Inc. William N. Taylor, P.E. Principal \jobs\307-TFC\LETTBR_C_risKoruga.doc 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 18 of 469 BENSON RD S _ ROW 180: ._xT 2'STORY LOST WITH .GABLE ROOF .OPTION EXISTING BUILDING FLAT ROOF FUT ROOF OPTION. :<^' *^" _—MAWKH*4_? _BaM Hirer F-'TW-SSB -EXISTING GRADE CT1REMENT MAX BLDG HEIGHT UNE 226.00 f ~H50SW^= f_-L_---J-. NORTH SECTION SCALE: r-jo' _ I 2 I BENSON RD S ' ' _ _ ROW 180" / . I^TJOOP-QmiqN /. ._•• i . i , . . 7T> I ^_L>— ' ' ' MAX BOX? 'HEIGHT UNE 226.00 '/.' •fas_B_-s_t_rtf:i7fl:nft m*wiS& ' ' =_^<g' EXISTING GRADE N ik=_ IETIREMENT 'TTOOSTNG^" --IT" SOUTH SECTION SCALE: l"-30' 1» 30 SCALK; T - 30 ft. 6 c .   ‐   C i t y   C l e r k   r e p o r t s   a p p e a l   o f   H e a r i n g   E x a m i n e r ’ s   d e c i s i o n   r e g a r d i n g   t h e   E a g l e   R i d g e   P U D   a p p l i c a t i o n   ( L U A ‐ 0 9 ‐ 1 5 0 ,   E C F ,   P P U D ) ;   a p p e a l   f i l e d   P a g e 1 9 o f 4 6 9 After Filing Return To: Caimcross & Hempelmann, PS. Attention: Jeremie Lipton 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 VIEW EASEMENT AND RESTRICTIVE COVENANT Reference numbers of related documents: 20080513900012 Grantor: Eagle Ridge Villa LLC, a Washington limited liability company Grantee: The Lodge at Eagle Ridge, LLC, a Washington limited liability company Legal Description (abbreviated): Portion of Lot B, Short Plat No. LUA-06-074-SHPL, REC. 20070308900006, KING COUNTY WASHINGTON Assessor's Tax Parcel ID #'s: Portion of Tax Parcel # 2023059162 {00929I88.DOC;3 } 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 20 of 469 VIEW EASEMENT AND RESTRICTIVE COVENANT THIS EASEMENT AND RESTRICTIVE COVENANT ("Agreement") is made this day of , 2009, by Eagle Ridge Villa, LLC, a Washington limited liability company ("Grantor") and The Lodge at Eagle Ridge, LLC, a Washington limited liability company ("Grantee"). RECITALS A. Grantor is the owner of that certain real property described in Exhibit A attached hereto ("Grantor Property"). B. Grantee is the owner of that certain real property described in Exhibit B attached hereto ("Grantee Property"). C. The Eastern most 60 feet of the Grantor Property as depicted on the drawing referenced in Exhibit C attached hereto ("Easement Area"), was added to the Grantor Property pursuant to Lot Line Adjustment NO. LUA-07-089-LLA recorded under King County recording No. 20080513900012 ("Lot Line Adjustment"), and was part of the Grantee Property prior to the Lot Line Adjustment. D. Grantee purchased the Grantee Property which included the Easement Area, from Topman Fellow Corporation, a Washington Corporation ("Seller"). E. Under the purchase agreement by and between Seller and Grantee, Grantee and Seller agreed that subsequent to approval of the Lot Line Adjustment, Grantee would convey the Easement Area to Seller subject to Seller's grant of the easement included under this Agreement. F. Seller has assigned and transferred all of its rights and obligations arising under the purchase agreement to Grantor including the right to the conveyance of the Easement Area and the obligation to grant the easement contained in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor and Grantee agree as follows: 1 - Height of Structure. Grantor and Grantee agree that the grade-level of the existing facility on the Grantee Property is 216 feet above sea level,, Grantor covenants and agrees that the maximum height of any structure developed on the Easement Area after the date of this Agreement shall not exceed 221 feet above sea level ("Height Limit"). 2. Run with Land. The covenant contained herein shall run in favor of the Grantee Property, shall run with the land, and be binding on and inure to the benefit of the parties' successors and assigns. {00929188.DOC3}! 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 21 of 469 3. Governing Law. This Agreement shall be governed by the laws of the State of Washington. 4. Litigation. If a suit, action, or other proceeding of any nature whatsoever, is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights or obligations hereunder, the substantially prevailing party shall be entitled to recover attorney, paralegal, accountant, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 5. Authority. Each individual signing below represents and warrants that they have full power, authority and legal right to execute, deliver and perform this Agreement on behalf of the party entering into this Agreement and to perform all of its obligations hereunder. IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the date first above written. GRANTOR EAGLE RIDGE VILLA LLC, a Washington limited liability company By: Chris Koruga Its: Manager GRANTEE THE LODGE AT EAGLE RIDGE, LLC, a Washington limited liability company By: Leon Grunstein Its: Co-Manager By: Martin McCurry Its: Co-Manager [Acknowledgments follow on next page] {00929188.DOQ3 >2 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 22 of 469 Denis Law Mayor September 17, 2010 APPEAL FILED BY: RE: City Clerk - Bonnie I. Walton Eagle Ridge Apartments & Offices PUD by Chris Koruga Appeal of Hearing Examiner's decision dated July 12, 2010, regarding Preliminary Planned Urban Development for a mixed-use development including commercial & residential uses, known as Eagle Ridge PUD, 1600 Benson Road S. (File No LUA-09-150 PPUD,ECF) To Parties of Record: Pursuantto Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Eagle Ridge PUD has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, within five days of receipt of the notice of appeal, or after all appeal periods with the Hearing Examiner have expired, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions regarding the appeal within ten (10) days of the date of mailing of this notification. The deadline for submission of additional letters is by 5:00 p.m., Monday, September 27, 2010. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council Liaison will notify all parties of record of the date and time of the Planning and Development Committee meeting. The Council Liaison may be contacted at 425-430-6501. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Copy of the appeal and the Renton Municipal Code regarding appeal of Hearing Examiner decisions or recommendations is attached. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please call me at 425-430-6510. Sincerely, $&n*vas */- U).al£#r^ Bonnie I. Walton City Clerk Attachments ,cc: Council Liaison 1055 South Grady Way • Renton, Washington 98057 • (425) 430-6510/Fax (425)430-6516 • rentonwa.gov 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 23 of 469 APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION/RECOMMENDATION JEaqk Ridqc f\patbne*H+ Offices fiUD Lv& e>^\ - \ ^ APPLICATION NAME ___l_, »<. ,_o. ^?i4 FILE NO. _ . c: g>P^P The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated pW^ ~h *' , 20 <_&* o CITY OF RENTON „<% !• IDENTIFICATION OF PARTY - - ,0:5/ APPELLANT: REPRESENTATIVE (IF ANY): bhP' ° ^lO'C** L Name: t__- kr^ k-Oirv^yy Name: ____LCEIVED r" CITY CLERK'S OFFICE Address: ,4^4 ^,g_^ f\ve ^'^ Address:. Phone Number: 2-g>U ? cf T - £ 747 Phone Number: Email: _-VS^ <T^C*A ^p \> t__. ,.£>o, <r o >^> Email: 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: " Correction: Conclusions: No. Error: Correction: Other: reco^ne^T/oM No. Error: Re&pg-^ -rWg P «-»/___• UN» L _Ul >4-U>_ . _>-l2- px-rc. _ *rfe< V-o f-f- "3C-' A-W^C ^Xor'i^ t)"_V«A-r _C4- • iS rt- U~-*-_k_. o rf~- S £ ^ c Correction: r o Q—V- I ntff f£V«_,_ £_______§_&=; j/Wta .^Lwr,,r^ /_.^^j--, 4'[[W,^AK r^^^^^^-t^oio ___. I io g_ _T-^. .e^' "~ AT^-^4. -V-1 t4-T~ 3 • SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: .o <_ -f~ (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: _X__ Other: E*_i >*,.*.<_. c^pin.^ it. / ^ 0_(Z 2-^ CO,^ITJO.^ ______ V > K ^ T- O c, A ^pci- )Q Z<^ / c 1\*Jc( feu^nf ^U-tto,^ ,<__£ f-ie^f-,^ __ X"/i **• '^e_. Appellant/Representative Signature Type/Printed Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific;-appeal procedures. <£;- Leu-<-^u__rf^* ^(\st^, __=^cc_tv / n .1 t__i_, ceb j -ien .__,- V^«i^s\r_,-_,£"'_/CLWv<? \A .:&<+ _.££) / ^r^d rVxwf /w_^ - ^fc*. . ' v ' 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 24 of 469 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) 4-8-110F: Appeals to City Council - Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any 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. 2. 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. 3. Opportunity to Provide Comments: 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 notice of appeal. 4. 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. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless 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 Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an 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, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, 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 proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination 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. 9. 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 Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) . 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 25 of 469 CITY 0__^ RENTON Hearing Examiner Denis Law, Mayor Fred J- Kaufman ifgiMgqf2O|0;- Chris Koruga Managing Director Eagle Ridge Villas. LLC 5454 30th Ave SW Seattle, WA 98126 Subject: Eagle Ridge Apartments and Offices PUD Request for Reconsideration LUA09-150,_CF, PPUD Dear Mr. Koruga: This office has reviewed the applicant's Request For Reconsideration as well as the comments that staff submitted at this office's request This office originally found that the proposed PPUD lacked innovative and creative design elements as well as providing too much surface parking in a zone where no surface parking is generally permitted. In addition, this office required pitched or peaked roofs on the two buildings. The applicant's request breaks down into two mam areas. In the first, the applicant proposed a series of changes in the site design to create a more innovative project with additional public elements. These design changes include reduced surface parking, changes to open space and landscaping and the inclusion of amenities available to future residents and the general public The second area in which tiie applicant sought a review was the condition relating to the finish or appearance of the roof profiles of the two buildings. The reduction in surface parking is a welcome change in the proposal. The applicant proposes to accomplish this result by reducing the number of units. This unit reduction has a dual outcome The reduced unit count requires less overall parking and the footprint of those units would be converted to indoor parking for sixteen (16) additional stalls. There would be a reduction of 15 surface stalls. As staff noted, in their analysis, power lines on the site reduce the development potential and power line corridors do permit parking, a reasonable tradeoff. Staffs analysis shows that visible surface parking would be reduced from 25% to 8%. In addition to the reduction in surface parking the applicant has proposed enhanced landscaping to screen the parking areas. These changes are a very positive outcome and make the proposal compatible with the goals and objectives of the Comprehensive Plan and also the criteria of the PUD Ordinance. The applicant has proposed a number of additional amenities open to the residents and the general public. The applicant has proposed an amphitheatre. It will have a stage and lighting. It could house small plays or concerts. It will be open to die public. Another public venue that the applicant proposes is an outdoor cinema. It would couple the "entertainment" room along the north end of the south building with its adjacent plaza area in the summer months creating a cinema area. The original proposal mcluded some sidewalks but that plan has been expanded to include enhanced publicly available trails connecting Eagle Ridge Drive and Benson Road. This would provide an alternative walking route away from the busier roadways. The trails would also link together the amphitheatre, a gazebo and barbeque area. The applicant has also included a sports court in place of -105^SbutiVar%lyW^ I This Dabef contains 50%T_^de_ material": 30% Dostconsumer: - RENTON fiVi1?'':-v.'.?X-'':_;i''I: r:-?iS.' :>;_;' •- -: .'-• V.'' i" v.,': • ..->„•',' AHEAD OF TIIE CLRVE 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 26 of 469 surface parking. The additional outdoor recreation space is a good addition to the complex. It was not clear if this amenity would be open to the public. Not all aspects of the proposal need be available to the genera] public and it might be better controlled if it were not open. The applicant proposes to create some garden space for residents. This amenity would be located east of the north building. Gardening space serves a dual purpose as both practical and open space or additional landscaping. A more formal water feature or fountain will be provided at the entrance along Benson. It will be visible to the driving and walking public and should enhance the overall aspect of the proposal. The second change sought by the applicant is the condition that the roofline of the proposal accommodate sloped rooflines for the two buildings. While the buildings do contain a substantial amount of facade detailing, as noted in the original report, peaked roofs provide a more finished appearance both for passcrsby as well as those that will look down on the project from the east. The look also screens rooftop equipment and vents and stacks and softens the hard edge of the roofline. Staff agreed with this assessment and suggested that the roof pitch be 6:12 which seems like a reasonable proposal. In conclusion, the design changes including the reduced density and reduced surface parking complement as well as the additional amenities suggested by die applicant substantially improve the overall design of the project and provide a substantial benefit to the public. These changes satisfy prominent elements in the criteria for reviewing a PUD. Therefore, this office recommends that the City Council approve the PPUD after incorporating the elements proposed in the Request for Reconsideration. RECOMMENDATION: The City Council should approve the proposed PPUD subject to the following condition: 1. Refuse and recyclables areas shall be dimensioned on the revised site plan submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. A detail of the refuse and recyclables areas must be submitted with the site plan indicating compliance with RMC 4-4-090. 2. The pedestrian walkway system shall be extended to provide connectivity to Benson Road S, between the North and South Buildings, and between the project site and the dental/medical office building to the north. This extended walkway system shall be indicated on the revised site plan submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 3. All walkways/crosswalks within parking lots shall be differentiated by material or texture, such as raised and stamped concrete or raised and painted asphalt. Such walkways/crosswalks shall be indicated on the revised site submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 4. A Final landscape plan shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits that indicates expanded and enhanced landscaping using more trees in the area of the gazebo, benches and picnic tables. 5. Revised elevations for the south elevation of the North Building and the north elevation of the South Building showing architectural modulation similar to the east 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 27 of 469 and west elevations shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. - 6. Revised elevations shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits which indicate that decorative ironwork would be used for ground level parking structure openings. 7. A revised site plan showing additional walkways and crosswalks to promote pedestrian safety throughout the site. Such walkways shall be shown to provide a connection to the dental/medical office building to the north, between passive recreation areas as well as providing crosswalks across surface parking lots. The revised site plan shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits 8. A lighting plan shall be submitted to the Planning Division project manager for review and approval prior to utility construction that indicates pedestrian walkway, landscape, and building lighting. 9. A revised site plan and revised elevations shall be submitted to the Planning Division project manager for review and approval prior to the issuance of buildmg permits indicating that primary entries would have awnings or canopies and be identified with decorative paving and/or landscaping. 10. A rooftop mechanical equipment detail shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits 11. Revised floor plans shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits indicating compliance with the dimension and square footage requirements of the PUD decision criteria. 12. All common facilities, not dedicated to the City, shall be permanently maintained by the PUD owner. 13. The applicant shall provide peaked or pitched roofs as part of this proposal. 14. The modification to allow grading of the steep slopes shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building pennits. 15. The applicant shall be required to designate five to ten stalls as guest parking. - 16. The applicant shall provide pitched or peaked roofs on both buildings at ratio of 6.12. 17. The applicant shall reduce die number of residential units by seven (7) living units on the south end of the first floor of the South Building, and establish interior parking for 16 cars in the same building. A total of 15 parking stalls would be eliminated in surface parking lots, The remaining parking shall be screened by enhanced landscape buffers between the entry to the interior parking on the first floor and the remaining parking stalls. 18. The applicant shall include an outdoor amphitheatre for small plays and other productions. Landscaping would be incorporated as an enhancement, and lighting would be provided to theatrical productions. The design shall incorporate as reasonably appropriate a semi-circle stage with backdrop of pillars made of cedar, metal or stone. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 28 of 469 19. The applicant shall provide enhanced trails that connect Eagle Ridge Drive South to Benson Hill Road, provide connections through both the south and north end of the property and integrate the gazebo/barbeque area and outdoor theatre areas. 20. The entertainment room and its adjacent plaza located at the north end of the south building shall accommodate seating for over 75 people and would be made available to the public during summer months for use as an outdoor cinema. 21. A basketball sport court shall be constructed at the south end of the driveway aisle, in an area formerly proposed for four parking stalls. 22. Garden containers shall be provided at the east end of die north building for pea patch gardens for residents. 23. An entry water fountain feature with landscaping shall be built at the south end of the property along Benson Hill Road South. Fred J. Kaufman Hearing Examiner cc: Chip Vincent Jennifer Henning Gerald Wasser 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 29 of 469 CITY OF RENTON JUL 2 6 2010 JI^J Fred J. Kaufman ™™ Hparinn Fvaminpr -^ RECEIVED ^tetUCYej nednng Examiner CITY CLERK'S OFFICE City of Renton f. 30 ^ Re: Request for Reconsideration of PUD. File No: 09-150, PPUD, ECF July 24, 2010 Dear Mr. Kaufman, Pursuant to the Title IV, Chapter 8, Section 100G of the City code we are requesting reconsideration of the decision which you issued on July 12, 2010 regarding the above mentioned PUD file no.. Enclosed please find a summary of our request for reconsideration with exhibits. Sincerely, Chris Koruga Managing Director Eagle Ridge Villas LLC 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 30 of 469 Request for Reconsideration: History In 2006 Eagle Ridge Villas LLC completed preliminary review with the City of Renton to build a single family project consisting of 32 town homes on their site at 1600 Benson Hill Rd. South in Renton, Wa. ( Exhibit One, Site Plan for Town home Development) In that same year we were notified by Neil Watts of the City of Renton that a new zoning was being considered for our property which would significantly increase the density allowed on our property . This new zoning, Commercial Arterial ( CA) was to be implemented at some time in the near future and, according to Mr. Watts, there would be advantages to submitting a plan that took advantage of that proposed higher density zoning. We agreed and awaited the formal change which took place in 2008 when our property was annexed to the City with the adoption of Ordinance 5327. In 2008 we engaged our architects and engineers to study the site and propose a design for a building that would fit into the newly adopted CA zoning. After analyzing the regulations and requirements for a Commercial Arterial project it became apparent that our site was not suited for this zoning. Unlike other CA zoned properties in Renton which are located along flat, more heavily trafficked commercial corridors we were isolated along an arterial that had little or no commercial activity and a significant gradient that made a level commercial frontage impossible. In order to comply with the new zoning we were required to load our commercial space along the gradient of Benson Hill Rd. S. and provide parking within the structure for users of that building. Taylor Engineering, civil engineers for the project, notified us that the only way to satisfy these requirements would be to excavate into the hillside and remove thousands of yards of dirt behind and above the commercial units to create the space necessary for a garage of this magnitude. The actual excavation footprint was 200 feet along Benson Hill Rd. S, 120 feet east into the hillside at depths reaching 30 feet. ( See Exhibit Two, Topo Map ) A similar effort would be required for the second building we proposed. Furthermore, the gradient along Benson, would mean that the finished store fronts would drop 10-12 feet in elevation from the south end of the building to the north end. This would require " " stair stepping " of the commercial store fronts along Benson Hill Rd. S. ( See Exhibit Two, Topo Map, Elevation changes 160-170 along Benson ) 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 31 of 469 These options were not attractive, economically feasible or even practical to consider. We returned to the City of Renton for guidance on how to utilize our property to its highest and best use and were directed to apply for a PUD. We directed our architects and engineers to find a plan that could now satisfy the requirements of a PUD. That plan has been submitted, reviewed and comments from the Hearing Examiner as well as Renton Building Officials and the public have been taken into consideration. There were a number of significant issues in our first proposal that we feel did not get adequate consideration from the Hearing Examiner, perhaps because they were not fully supported by the documentation or testimony or that we were not able to express our position in reference to the voluminous documents that were submitted along with this PUD request. We ask that the Hearing Examiner and the City of Renton Building Department reconsider our proposal with this additional explanation and changes that we submit herein. These changes reflect the concerns, comments and recommendations that were expressed in the findings of the public hearing June 10, 2010 and are attached to this request for reconsideration. Planned Urban Development Regulations: Purposes The two principal purposes of the planned urban development regulations are: 1) to preserve and protect natural features of the land. And, 2) to encourage innovation and creativity in the development of mixed use projects. Preserve and protect and enhance natural features: The site is predominated by two varieties of scrub trees: alder and cottonwood. 70 of the 80 trees delineated on our site are unattractive, have a limited life span and do not contribute to creating a pleasing, natural environment. Our plan introduces 1000 plants, shrubs and trees, including specimen trees along Benson and throughout our site that ' 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 32 of 469 will transform the grounds into a pleasing, user-friendly, park like environment. This will benefit the public, the residents and commercial tenants. The landscaping will be visibly pleasing to traffic and pedestrians along Benson Hill Rd. S. and relieve the congestion of a building which, under standard regulations of the CA zoning, would be loaded up against the arterial. Further utilizing and protecting natural features we have proposed to landscape the " bowl-shaped " hillside at the north end of the site along Benson, incorporating an environmentally friendly outdoor amphitheatre with granite seating and a stage. The public will be encouraged to stage small productions during the summer and enjoy a peaceful retreat within the most valuable natural feature on our site. To facilitate access we will provide a walking trail from the outdoor cinema area down to the outdoor theatre. Under standard regulations of the CA zoning, this area would qualify as a building site to load commercial units. In fact, this is the most logical place to locate commercial space. It is located next to the dental office building and would be easier to market than if it were isolated up the road along Benson Hill Rd. S. RMC Requirement: " Commercial space must be reserved on the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Part of the effort in preserving nature is to enhance it wherever possible. Our plan provides for 56,000 square feet of open space. 20,000 square feet of that open space is situated on hillsides or slopes. Under the standard regulations of the CA zoning developers are required to provide 5800 square feet of open space. The site, now comprised of scrub trees and brush, barren hillsides, blackberry bushes and weeds, will be transformed into a healthy, natural landscape which will attract and preserve wildlife, provide seasonal color changes and beautify a once unattractive parcel of land. Of particular benefit to the public will be our landscaping and preservation efforts around the public attractions, like the outdoor theatre, picnic and barbque areas, the pea patches, water fountain, gazebo areas and along Benson Hill Rd. S.. The walking trails will provide connectivity for pedestrians and make the natural areas more accessible. We feel this is a superior approach to the use of the open space that would be otherwise limited by the RMC requirement. In fact, if the units were loaded all along Benson Hill Rd. S., as prescribed in the RMC, the landscaping schedule would be eliminated for most of the 2.8 acre site. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 33 of 469 Encourage creativity and innovation: Creativity in Building Design: Although we agree that sloped roofs provide a " residential" look that can soften the bulk of a building ,we also recognize that a modern craftsman design with protruding soffits and cedar bracing, as we have proposed ,is appealing to many people. This a matter of taste. Our only neighbor along Benson, the dental building, has a similar roofline perspective as the one we propose but less detail in soffit and bracing. What seems to override the sloped roof versus non- sloped argument is the fact that the building is situated 50 feet above Benson Hill Road and the roofline is not particularly visible from that perspective. Nor is it visible from the ground floor on any side of the building. If one takes the perspective of the Lodge then is does come into play. The two or three floors of residents who are located on the west end of that building do look down on it. There is a trade off for the limited number of Lodge residents who can see the top of the building: a flat roof allows greater access to a territorial view of the valley. Assuming the Lodge managers want to keep the dense vegetation at the border between the two properties there would be another natural buffer to mitigate the view of our proposed building The ultimate " look" of the building and its aesthetic appeal to the public is of great concern to the developers. Most of the buildings in the vicinity, including the Lodge, the dental building to the north and the Eagle Point Apartments to the south have singular or limited siding options and colors. The dental building is a monochromatic grey stucco, The Lodge utilizes " hardiplank" on most of the exterior along with a color change where stucco interrupts the hardi plank The Eagle Ridge apartments, built forty years ago, incorporate cedar siding with a single color treatment. Our proposed project has a number of exterior treatments, undulating exterior walls, five color changes, a bold soffit treatment with massive cedar braces that offer a distinct modern approach to a craftsman style of architecture. Our proposed buildings have interior design which provide not only some of the largest and most comfortable apartment units in the City of Renton but feature attractive hallways that open up to exterior courtyards. From every unit in these two buildings there is a unique and pleasant view. The western exposed units all have views of the valley or Lake Washington. The east facing units look out over green belts within the 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 34 of 469 56,000 square feet of open space that we have preserved and landscaped. This was accomplished with creativity and innovation and taking full advantage of the topography that existed. Under the standard regulations of a CA zoning we would be required to load our commercial units and, as a consequence, our apartment units up against Benson Hill Road. Creativity and Innovation in Open Spaces The use of open spaces in our proposed plan is superior to the use of these spaces if we were to forced to comply with the standard regulations of the CA zoning. Under standard regulations the garage, front entrance and much of the traffic to the building would be directed in from Benson Hill Rd. S.. Our plan relieves this congestion and allows for greater use of open spaces throughout the site. The creative approach we have taken will be a relief to not only the traffic patterns along Benson but will significantly improve the views and limit sound distractions for the predominant component of this project, our tenants. Many of the ideas that we have incorporated in our building design and open space design can be seen in a completed form by visiting the website for the Burien Town Square project at: www.burientownsquare.com/ Surface Parking One of the goals of the Commercial Arterial zoning is to " screen " parking from the public. One of the ways to accomplished this is by creating parking within a structure. We support these goals. Ultimately we too would like to screen as much parking as possible for the aesthetic benefit of the project. It's great for tenants and it is pleasing to the public. It's unfortunate that all of the CA zoned properties along Benson utilize surface parking, most have no interior or screened parking on site. Within the objective of screening parking we must consider several important issues: Is the site serving the needs of the users? Are we providing adequate security for residents and visitors? Can the commercial tenants, their delivery vehicles and clients access the places of business easily and find adequate parking once they arrive? Will the public be able to park safely and enjoy the benefits of the amenities we offer them? 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 35 of 469 Existing surface parking In the site plan that we previously submitted for review, the only surface parking visible to the public is located to the east and south of the south building. Since the building sits 12 feet above Benson Hill Rd. S., none of those parking stalls were visible to the public from the arterial. Stalls that are visible to the public within the site number 35 ( 25% of the total parking provided for the project). Although we feel this surface parking would be a net benefit to the users of our buildings we also recognize that screening, if possible, is a good approach to a mixed use building. To that end we have modified our building and site plan and submit the following changes: Proposed surface parking We are proposing to eliminate 15 surface parking stalls. ( Exhibit Three Revised Site Plan ). In order to accomplish this we will eliminate seven living units on the south end of the first floor and establish interior parking for 16 cars within the building. These units will be provided for visitors to the property. Residential tenants will utilize the two subterranean garages. The redesign will accomplish several objectives: 1) Reduce the number of visible surface stalls from 25% to 8% of the total stalls. 2) Provide interior parking for visitors with easy access to commercial units and the main residential lobby. 3) Screen the remaining surface parking by increasing the size of the landscape buffers between the entry to the interior parking on the first floor and the remaining stalls. 4) The remaining surface parking along the east side of the south building will remain to service the needs of the handicapped, commercial clients, residents and the public. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 36 of 469 Additional Benefits to the Public To enhance the plan that was previously submitted and clearly establish benefits to the public we offer the following: A) An outdoor theatre with stage that can facilitate small plays and other productions to be located in an area where the landscaping will be enhanced and lighting for productions will be provided. The theatre will feature stone benches or granite sitting rocks and a semi circle stage with backdrop constructed of either cedar, metal or stone pillars. A walking trail from the environmentally friendly theatre will connect the Gazebo area and outdoor cinema location at the north end of the south building on the main floor. Public parking for visitors to be provided at the north end of south building next to the cinema location. See attached photo of similar theatre installed in the High Point development of West Seattle. ( Exhibit 4, Outdoor Theatre ) B) Outdoor Cinema. The existing entertainment room designated for residents at the north end of the south building will be made available to the public during the summer for outdoor cinema features. This area can seat over 75 people and will be an ideal area during warm weather to stage these kinds of shows. Doors to the patio can be opened allowing indoor/outdoor viewing of the theatre screen. Parking for outdoor cinema guests from the public will be conveniently located at the north end of the surface parking for the south building. Reception areas within the building or outside in the Gazebo area as well as the outdoor theatre area will welcome guests and provide an inviting area to socialize before or after the cinema event. C) Sport Court. A Sport court for basketball will be constructed at the south end of the driveway aisle, replacing four surface parking stalls. D) Pea Patch. Pea Patch garden containers will be provided at the east end of the north building. E) An entry fountain water feature with enhanced landscaping will be built at the south end of the property along Benson Hill Rd. S. F) Enhanced Walkways and Trails to connect Eagle Ridge Drive S. to Benson Hill Rd. S. through both the north and south ends of property and integrate the Gazebo and outdoor theatre areas proposed. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 37 of 469 Planned Urban Development versus Standard CA Development: In reviewing the decision criteria we have several comments pertinent to our specific project and request to qualify as a PUD. At the front of the comments, italicized, are a reference to the decision criteria established by the City of Renton. 1) Applicant must demonstrate that the proposed development will be superior to that which would result without a planned urban development and would not be detrimental to surrounding properties. I believe we have met that burden. Our proposal will not be detrimental to surrounding properties. The design and concept we propose is complimentary to the existing dental and office building to the north. Rooflines are similar, both feature modern architecture, both are situated on steep topography and would be accessed off Benson Hill Rd. S. Our presence along Benson should stimulate business to the Dental practice. Traffic from our residential and commercial tenants will add 140 people to the area along with their guests and clients and the public. The buffers between our proposed building and the only other neighbor we share, The Lodge, is 70 and 120 feet respectively. In addition to that there is a topographic separation and a large landscape buffer. The property to the south is a permanent 100 foot utility easement and the property to the west is a steep sloped CA zoned lot which is vacant, and, like ours, difficult to develop. In making a determination as to whether this project is " superior" to that which would result without a planned urban development one should consider the points that I have made previously in the summary to assess the " inferior" components of the project under standard CA regulations. Without a planned urban development and under the standard regulations of the Commercial Arterial Zoning this project has some glaring deficiencies: 1) Traffic along the arterial would be impacted. There is no street parking allowed along Benson Hill Rd. S. from Puget Park Drive to the downtown corridor. This encourages high rates of speed on the gradient that exceed the posted 35 mph. Under the standard regulations all users of our building would be required to utilize the subterranean parking garage opening onto the arterial road. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 38 of 469 RMC 4-3 100E.2.a.ii " the front entry of a building shall not be oriented to a drive aisle, but instead to a public or private street or landscaped pedestrian- only court yard." RMC 4-2-120A "Parking for residential units shall be enclosed within the same building as the unit it serves." 2) Noise and pollution generated from a commercial building along Benson Hill Rd. S. would be increased. 3) A commercial building along Benson Hill Rd. S. in this area will be difficult to tenant and could end up a white elephant. The market for retail and commercial space is depressed, both nationally and locally. Prospective tenants have a lot to choose from and would only choose Benson Hill Rd. S. if it offered a superior location, better access, a better experience for their clients and a better price. We cannot offer any of those benefits for the reasons summarized earlier. 4) With the restrictions of RMC 4-2-120A it would be incumbent upon developers to enclose all residential parking in the same building it serves and direct all tenants to enter and exit immediately off Benson. This appears to be an uncomfortable and much less desirable situation for the tenants than our proposal which creates an open drive aisle with good visibility of the arterial and broad turning radius'. Staff Recommendations We agree with the Hearing Examiner and City of Renton Building Department that a number of improvements to this plan could and should be implemented. In addition to the reduction of surface parking and added public benefits which were detailed in this request we would support and implement all of the following recommendations of staff. 1) Refuse and recyclable areas shall be dimensioned on the revised site plan submitted to the Planning Division project manager for review and approval prior to issuance of builidng permits. ( Continue to...RMC 4-4-090 ) 2) The pedestrian walkway system shall be extended to provide connectivity to Benson Road S.. ( Continued to issuance of building permits ) 3) All walkways/crosswalks within parking lots shall be differentiated by material or texture, such as raised and stamped concrete and painted asphalt. ( Continued to....issuance of building permits ) 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 39 of 469 4) A Final landscape plan shall be submitted to the Planning Division project manager for review. ( Continued to....more trees in the area of the gazebo, benches and picnic tables) 5) Revised elevations for the south elevation of the North Building and the north elevation of the South Building. ( Continued to....building permits ) 6) Revised elevations shall be submitted to the Planning Dvision project manager for review. ( Continued to parking structure openings ) 7). A revised site plan showing additional walkways and crosswalks to promote pedestrian safety. ( Continued to....builiding permits.) 8) A lighting plan shall be submitted to the Planning Divison. ( Continued to....landscape and building lighting. 9) A revised site plan and revised elevations continued to....landscaping. 10) A rooftop mechanical equipment detail shall be submitted to the Planning Division. Continued to....building permits. 11) Revised floor plans shall be submitted to the Planning Division...continued to....PUD decision criteria. 12) All common facilities, not dedicated to the City, shall be permanently maintained by the PUD owner. 13) The modification to allow grading of the steep slopes shall be submitted to the Planning Division....continued to....issuance of building permits. 14) Developers agree that the entry design to both buildings need improvement. The north building should have a more pronounced entry and focal point and the south building would benefit from additional detail. 15) The applicant shall be required to designate five to ten stalls as guest parking. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 40 of 469 Taylor Engineering Consultants 205 Front SL S. P.O. Box 1787 bioquoh, WA 96027 Id. 425-381-H15 Ion 425-391-1551 Project EAGLE RIDGE TOWNHOMES TEC Job !•• M7-TF(; Designed- fittf Checked. U_C Authorized Use: Thli drawing _ Issued lot u: a Iht lillid project only. 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"•;« ••<••.:;. ^:^::::;_&.f •_ " I- 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 44 of 469 Minutes OFFICE OF THE HEARING EXAMINER CITY OF RENTON My 12, 2010 OWNER: APPLICANT/CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: Robert Hancheroff 17710 234th Ave SE Maple Valley, WA 98038 Chris Koruga Eagle Ridge, LLC 5454 30th Ave SW Seattle, WA 98126 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF 1600 Benson Road S Requesting approval of a Preliminary Planned Urban Development, for a mixed-use development including commercial and residential uses. Development Services Recommendation: Approve subject to conditions. DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: The Development Services Report was received by the Examiner on June 8,2010. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the June 15,2010 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, June 15, 2010, at 9:03 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parries wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Project file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Site Plan Exhibit No. 5: Conceptual Grading Plan Exhibit No. 7; South Building - West and North Elevations Exhibit No. 9: North Building - West and North Exhibit No. 2: Neighborhood Detail Map Exhibit No. 4: Conceptual Landscape Plan Exhibit No. 6: South Building - East and South Elevations Exhibit No. 8: North Building - East and South Elevations Exhibit No. 10: South Building - Garage Floor Plan 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 45 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 2 Elevations Exhibit No. 11: South Building - First Floor Plan Exhibit No. 13: South Building - Third Floor Plan Exhibit No. 15: South Building - Roof Plan Exhibit No. 17: North Building - First Floor Plan Exhibit No. 19: North Building - Third Floor Plan Exhibit No. 21: North Building - Roof Plan Exhibit No. 23: Map Showing, Olympic Pipe Line, PSE High Voltage Transmission Line, Sewer Easement, Existing Paved Access Road, and High Voltage Lines. Exhibit No. 25: Large Scale Map Showing Park Areas and Pedestrian Walkways Exhibit No. 12: South Building - Second Floor Plan Exhibit No. 14: South Building - Fourth Floor Plan Exhibit No. 16: North Building-Garage Floor Plan Exhibit No. 18: North Building - Second Floor Plan Exhibit No. 20: North Building - Fourth Floor Plan Exhibit No. 22: Zoning Map Exhibit No. 24: Steep Slope Area Map Exhibit No. 26: Video of Actual Site The hearing opened with a presentation of the staff report by Gerald Wasser Associate Planner, Community and Economic Development Department, City of Renton, 1055 S Grady Way, Renton, Washington 98055. This is a mixed use development. The applicant is requesting a Preliminary Planned Urban Development. The Environmental Review Committee issued a Determination of Non-Significance - No appeals were filed. Mitigated with 7 mitigation measures. The south building would consist of 61 residential units and 4,03 9 square feet Of commercial offices. There would be 75 parking spaces total. Thirty-three would be in a garage, 42 would be surface spaces. The north building would consist of 56 residential units with 59 total parking spaces, 39 would be in a garage structure with the remaining as surface parking. Both buildings would have flat roofs and facade modulation on their east and west facades. The project is proposed to be completed in two phases, Phase One would include the construction of the south building and its parking area and common open space area. Phase Two would include the north building along with its parking and landscaping. The project is located on the east side of Benson Road. The Comprehensive Plan designates this as a Commercial Corridor and is zoned Commercial Arterial. There is a Medical/Dental office building to the north, a Senior Apartment Complex is located to the east and an Apartment Complex is located to the northeast. The south building would be approximately 48-feet in height and would contain both apartments and commercial space. The north building would contain apartments and parking only. The net density of the project is 56.52 du/ac. Both buildings would be developed with contemporary architecture. The various facade materials would include wood, stucco, cement and cedar siding. The garage level would have stamped or painted concrete with grillwork proposed as vertical bars. There are several man made protected slopes on this site. One steep slope area will not be disturbed. There are six others that were created during the building of the emergency access road and the construction of Benson Road South. Staff requested that the Hearing Examiner make recommendations as to modifications being made to the man made steep slope areas. Access to the site would be via Benson Road South. The intention for the development is to be pedestrian oriented, there are several common open areas that include picnic tables, benches, and gazebos. There are five-foot pedestrian walkways throughout the site. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 46 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 3 v Several modifications were requested by the applicant; required location for residential parking, commercial parking spaces to be located outside the office'areas, the north building would have no commercial units on the ground floor, slope modifications, compact parking spaces, and front building entrances. The Examiner questioned why all the parking was not being located in an underground garage, thus leaving more open space on the site. Some of the residential units would be assigned garage parking spaces and the rest would be outside parking. Mr. Wasser stated that the topography of the site does slope downward from east to west. There was concern about massing and the bulking of the building if those parking spaces were provided in a structured unit. The assigned parking would be in accord with the rental rates. The Examiner inquired as to access to the northeast corner of the north building. Mr. Wasser stated that there is access across the emergency access road. Circulation in that area would be through the garage structure with surface level parking to the north. The applicant has requested that 40% of the site become compact parking spaces. This is an effort to reduce the impervious area used by the surface parking lots. There are slope issues regarding the front of the buildings making it impossible to locate entrances towards the public street. The applicant has proposed to retain 40 of the 81 trees listed on the site. There would be a very good pedestrian circulation system throughout the project, there is landscaping and screening for the parking areas, there are landscape islands located within the parking areas, and there are wide planter beds that help soften the facades of the buildings. The refuse and recycling location and size were not specifically shown on the plan, that would be required and revised plans must be submitted prior to the issuance of building permits. The Examiner asked why this was a PUD versus using a straight site plan? There is more surface parking on a steep site requiring more grading on the site for parking areas rather than structured parking underneath the buildings, whether at grade level or subterranean. The roof treatment is flat rather than having peaks or gables, the roofs in the surrounding areas appear to have more interesting roof designs. Formal entrances for the buildings do not appear to be within the requirements. The south building seems to have only parking spaces at the entrance area. In order to approve a PUD there needs to be some benefits, which do not appear in what has been presented today. Mr Wasser stated that there are items that are being thought of in regards to the site topography that may provide a superior design. The commercial area in the north building has not been provided to make the transition between the commercial and residential area of the neighborhood. If this were a normal CA zone this project could be up to 60 dwelling units per acre if the critical areas were man made and a modification was granted. If those steep slope areas that were man made were not deducted the net density would be closer to 43 dwelling units per net acre. Chris Koruga, 5454 30th Avenue SW, Seattle 98126 stated that he was the managing partner of Eagle Ridge Apartment and Office LLC. He stated that he has built two other multi-family properties in the City of Renton. The PUD process is more complicated than a standard building permit process, the City of Renton staff has been exceptionally helpful in moving forward with this project. A brief description of the history of this parcel was given. Prior to making a final decision on the type of project to build they did a demographic study on the Senior Market in the City of Renton. They found that Renton projects a population of over 90,000 people with a median income of over $70,000.00 per year in the next several years. The need for affordable housing and affordable commercial space is growing. This proposal does comply with the needs as they have been forecast. The property to the south of this site is a PSE High Voltage Easement which most likely will never be developed as well as the Olympic Pipeline to the south. On the west side of Benson Road there is an RMF zone which has very steep topography and is also problematic, which may never be developed. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 47 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 4 The increase in the number of residences on this site would increase business for the dental offices, the Lodge would also benefit. The proposed north building would be a natural location for the provision of ADA accessible unit and independent units for seniors. The north building is in a much quieter location, commercial space would not fit into the topography. The access road was actually a required access road for the Dental building, they have rights to use that road for the purposes of this development. There is a significant amount of traffic that comes from the East Hill area, particularly the apartments located close by. There is no sidewalk between Eagle Ridge Drive and Benson Road. Creating an internal, pedestrian friendly system would create a safe pedestrian walkway for all adjoining areas. The recreation and rest areas would give people the ability to take a break and possibly do some exercises while walking in this particular area. He did present a video of the site showing the terrain and the area in the location of the proposed buildings. Open space requirements for this site are 5,800 square feet, the project proposes 52,000 square feet of open space. Some required by steep slope issues but over an acre of open space allows for amenities. John Minden. JM Architects, 1869 E Seltice Way, Ste. 336, Post Falls, ID 83854 stated that he saw no problems in meeting all recommendations presented by Staff. The reason for the surface parking and not having all the parking under the buildings is due to the slope of the site and trying to provide more affordable housing. If the parking were moved to underground the cost would escalate. With today's market affordable housing is much needed in the area. The area north of the north building is where the underground retention facility for drainage would be located. On the south end of the south building there would be an underground tank for surface water management. The Examiner inquired about how people would enter the buildings besides through the garage entrances. There were some questions as to guest parking as well. Mr. Minden stated that there needed to be a little more design on that, it was previously thought that through the garage would be the main entrances. They could develop an entrance around the south end of the building and include a pedestrian walkway along the south end of the building and enter along the east side. The guest parking would cover more of the surface parking, there are several areas of surface parking that guests would be encouraged to use. The north building might require more surface parking for the guests. Peaked roofs were discussed but it would be difficult to built peaked roofs due to the easement requirements from the Lodge to preserve their views. If peaked roofs were used, they could interfere with those views. Robert Hancheroff. 17710 234th Avenue SE, Maple Valley 98038 stated that he is a partner in the Eagle Ridge LLC. The site has been his since the early 1980's. Currently the LLC has tried to develop the site with an impact that would benefit the surrounding residences and businesses. He originally developed the property for commercial use and foresaw that the commercial development would be dominant. However, it has been a struggle over the years to draw commercial business into this area. The lack of drive-by exposure tends to limit the commercial draw. Kayren Kittrick, Community and Economic Development stated that she has visited the site and walked it extensively. As long as the access easement stays open, meaning no parking in that area, the Fire Marshall is good with the plan. It is a lengthy but very nice road and has good sight distance to it. It appears to have an access for utility use. The storm system will be by the 1995 Manual due to the age of this project. It is very appropriate that it is being split between two sections, it can be developed to whatever the building ends up being, if it needs to be larger, it won't constrain the site. The northerly vault is actually 100' from the pipeline. The easement on the north end will limit what can be done with the property. There is water, City of Renton serves both water and sewer at this location. There is one small glitch, the water service GPM for fire flow is rated at this point as 2500 GPM. The Fire Marshal when checking, registered 2,750 GPM. Between what can be done with the building and what the final design is like the Fire Marshal expects this number to come down and that they will be able to meet at the 2500 figure. Worse case, they may have to build some additional pipeline. There is no designated guest parking and that should be done. Guests cannot park on the access road and so parking needs to be very specific for guests. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 48 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 5 A short break was taken to set up the video equipment to view the video Mr. Koruga had taken of the site. The video showed the subject site, along Benson Road and the gradient along that roadway, the dental building to the north of the site and the natural area that would be reserved and serves as a stormwater pit for the dental building as well as the new buildings, a view from the north to the south showing the entry sign to the dental building. It also showed the flat plate where the north building would be situated. Very few trees would need to be removed. The various species of trees were seen in the video. Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing stopped at 10:41 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Chris Koruga for Eagle Ridge, LLC, filed a request for a mixed use Preliminary Planned Urban Development (PPUD). 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non- Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. There was no opposition from the public regarding the subject proposal. 6. The subject site is located atl600 Benson Road South. The subject site is located on the eastern side of Benson Road north of its intersection with Eagle Ridge Drive. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial uses, but does not mandate such development without consideration of other pohcies of the Plan. 8. The subject site is currently zoned CA (Commercial Arterial). 9. The subject site was annexed to the City with the adoption of Ordinance 5327 enacted in March 2008. 10. The subject site is approximately 2.89 acres or 125,708 square feet. The site is an irregularly shaped parcel with a large panhandle that extends north from its northeast corner. The subject site is approximately 260 feet wide by 670 feet long. 11. The subject site slopes downward toward Benson Road. It slopes downward from east to west approximately 40 to 50 feet from approximately 220 feet to 170 feet. The subject site contains two more level areas in the northeast and southwest corners of site. Some of the slopes are protected slopes which staff explained were created when grading for Benson Road occurred and also when an easement access that crosses the subject site was created for adjacent property. Initially staff believed that these protected slopes could be altered as part of the development process. It was determined that a Hearing Examiner issued modification from the slope protection provisions was required. Staff is to make a recommendation on that issue prior to this decision. 12. The site contains a total of 81 significant trees. Of those, 32 would be protected trees. The CA zone requires five percent or approximately 2 of those to be retained. The applicant has proposed retaining 40 trees. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 49 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 6 13. The subject site is located between two powerline corridors located generally north and south of the subject site. A gas pipeline is also located north of the subject site. 14. The area is a mix of uses including the dental clinic immediately north of the site. Apartments and a retirement complex are located to the east and west of the site with single family uses further to the east. 15. The applicant proposes developing two buildings and associated parking on the subject site. The buildings designated the North Building and the South Building would be located more or less on the opposite northeast and southwest corners of the subject site. Both buildings would be 4-stories tall or approximately 48 feet tall. 16. The applicant proposes phasing the project into two phases. Phase 1 would consist of the South Building, the access roadway, common open space and landscaping materials. Phase 2 would finish the North Building and its allied landscaping and parking. 17. The North Building would be located on the panhandle portion of the site. It would house some parking underneath the building at ground level and additional surface/outdoor parking north of the building. The building is approximately 220 feet long by 100 feet wide. The building would be 71,716 gross square feet. It would contain 56 apartment units. The northerly building would have 39 structured and 20 surface parking spaces. The surface parking lot would be accessed by driving through the interior garage's parking aisle. The building would meet its requirements for parking categories including compact and handicapped or accessible parking. 18. The South Building would be similarly sized and would be approximately 200 feet long by 100 feet wide. It would contain 78,584 gross square feet. Commercial spaces totaling approximately 4,039 square feet would be located on the eastern facade at ground level. The commercial space would contain approximately 3 offices. The building would also contain 61 apartments in 4-stories. The southerly building would have 33 structured parking spaces and 42 surface parking spaces. 19. Both buildings will share architectural features. The applicant plans to create contemporary craftsman-style exteriors offset or accented with cedar beams. The larger, prominent east and west facades would have bay windows and balconies spaced between 12 and 24 feet. The applicant would employ Stucco that would be used on the first and second floors and hardiplank or cementious board would provide a horizontal siding look to the third and fourth levels. The cedar trim would be used in belly bands, corner boards, trim and support beams. Staff noted that there were no distinguishing features on the north elevation of the South building nor on the south elevation of the north building and that these facades face public areas on the property. Staff recommended that the trim details or other exterior features be added to these facades. 20. The CA Zone requires commercial space be located in the lower level of any residential development in the CA zone. The applicant has asked for a modification of this requirement due to the site's topography. The applicant proposes commercial spaces in the South building but none in the North Building. The commercial component would be located along the eastern facade of the South Building. 21. Staff noted that the garage walls would be stamped or stained concrete materials but they recommended that the openings which are proposed to have vertical iron bar grating be replaced with a more decorative treatment. 22. Staff recommended that the internal walkways connect the buildings and connect to Benson Road. As proposed access to the northern building would be principally along the access driveway that runs through the building. Staff also recommended that the pedestrian walks be delineated by either raised profiles, texture or materials. 23. The CA zone permits a density range between 10 units per acre to a maximum of 60 units per acre. Density of this site would be based on the acreage less the access easement and critical slopes, 9,000 square feet and 26,454 square feet, respectively. The result is a net of 2.07 acres. The 117 unit project would have a density of 56.52 dwelling units per acre. 24. The applicant proposes retaining approximately 40 trees including some that would be in the critical areas. In addition, the applicant has proposed landscaping in larger beds surrounding the buildings including the west facade 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 50 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 7 of the south building and the north facade of the north building, and the areas facing the adjacent streets or properties. The surface parking lots would have perimeter screening. 25. 26. 27. 28. 29. 30. The applicant will be providing sitting areas and a gazebo. Staff noted that the private open space required by code had not been provided to all units and recommended that the applicant comply with code provisions. Access to the site would be provided by a driveway to Benson near the south end of the property and via an existing private easement (to the adjacent clinic) off of Eagle Ridge Drive. The development will increase traffic approximately 7 trips per unit or approximately 700 to 800 trips for the complex. Stormwater will be conveyed to City systems along Benson. There have been floodmg problems downstream which the City hopes will be resolved by current improvement work on 1-405. Sewer and water service will be provided by the City. Sections 4-9-150 provide the governing principles of a Planned Urban Development: "4-9-150 PLANNED URBAN DEVELOPMENT REGULATIONS: A PURPOSES: There are two (2) principal purposes of the planned urban development regulations. First, it is the purpose of these regulations to preserve and protect natural features of the land. Second, it is also the purpose of these regulations to encourage innovation and creativity in the development of residential, business, manufacturing, or mixed use developments by permitting a variety in the type, design, and arrangement of structures and improvements. In order to accomplish these purposes, this Section is established to permit development which is not limited by the strict application of the City's zoning, parking, street, and subdivision regulations when it is demonstrated that such new development will be superior to traditional development under standard regulations. In consideration of the latitude given and the absence of conventional restrictions, the reviewing agencies, Hearing Examiner, and City Council shall have wide discretionary authority in judging and approving or disapproving the innovations which may be incorporated into planned urban developments proposed under this Section. (Ord. 5153, 9-26-2005)" 31. As part of its PPUD request the applicant seeks the following modifications of code requirements to accommodate their proposed complex: REQUESTED MODIFICATIONS FROM RENTON MUNICIPAL CODE fRMC] RMC if RMC 4-2-120A: Required Location for Parking RMC 4-2-080: Conditions Associated With Zoning Use Tables Reauired per RMC Parking for residential units shall be enclosed within the same building as the unit it serves. Note 18. a. General Requirements: Subject to the density limits of the development standards for this zone and only permitted within a structure containing commercial uses on the Reauested Modification To provide 72 total structured parking spaces for residents within the buildings in underground/ground floor parking garages and 62 surface parking spaces. To allow stand alone residential for the North Building and ground floor residential for the North and South Buildings. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 51 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 8 RMC4-4-080F.8.c.iii: Maximum Number of Compact Spaces Outside of the UC-N1 and UC-N2 Zones RMC 4-3-050J.5b Protected Slopes- Exceptions through Modification. ground floor. Commercial space must be reserved on the ground floor at a minimum of thirty feet (30') in depth along any street frontage. Residential uses shall not be located on the ground floor, except for a residential entry feature linking the residential portion of the development to the street. Compact parking spaces shall not account for more than: - All other uses - not to exceed thirty percent (30%). RMC 4-3-050J.5.a prohibits development on protected slopes (40 % or greater). RMC 4-3- 050J.b. allows exceptions through modifications to the prohibition for filling against the toe of natural rock wall or rock wall, or protected slope created by natural resource recovery activities or public or private road installation or widening and related transportation improvements. To allow up to 40 percent compact parking spaces. The grading of 5 protected slope areas which were created either for the construction of Benson Road S or the private access easement located onsite. Design District 'D' Requested Modifications RMC 4-3-100E.2.a.ii RMC4-3-100E.3.a.i The front entry of a building shall not be oriented to a drive aisle, but instead a public or private street or landscaped pedestrian- only court-yard A primary entrance of each building shall be located on the facade facing a prominent street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. Front entry of buildings would be permitted to front parking areas. The primary entrance of each building would face the internal drive aisle. 32. Staff reported that the requested modification to alter the man-made slopes created with the development of Benson Road and the easement road should be granted. The geotechnical report demonstrated the alteration would be appropriate and meets sound engineering guidelines. Such slopes are not necessarily permanently protected since they are not natural and they can be altered to allow gentler or safer grades. Planned Urban Development (PUD) 33. The PUD Ordinance contains a long and complex series of criteria that are reviewed. They are included in Section 4-9-150-D: D DECISION CRITERIA: The City may approve a planned urban development only if it finds that the following requirements are met. 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 2. Public Benefit Required: In addition, applicants shall demonstrate that a proposed 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 52 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 9 development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: a. Critical Areas: Protects critical areas that would not be protected otherwise to the same degree as without a planned urban development; or b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or c. Pubhc Facilities: Provides public facilities that could not be required by the City for development of the subject property without a planned urban development; or d. Overall Design: Provides a planned urban development design that is superior in one or more of the following ways to the design that would result from development of the subject property without a planned urban development: i. Open Space/Recreation: (a) Provides increased open space or recreational faculties beyond standard code requirements and considered equivalent to features that would offset park mitigation fees in Resolution 3082; and (b) Provides a quality environment through either passive or active recreation facilities and attractive common areas, including accessibility to buildings from parking areas and public walkways; or ii. Circulation/Screening: Provides superior circulation patterns or location or screening of parking facilities; or iii. Landscaping/Screening: Provides superior landscaping, buffering, or screening in or around the proposed planned urban development; or iv. Site and Building Design: Provides superior architectural design, placement, relationship or orientation of structures, or use of solar energy; or v. Alleys: Provides alleys to at least fifty percent (50%) of any proposed single family detached, semi-attached, or townhouse units. 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, detached, attached, townhouses, etc. b. Circulation: i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. iii. Provision of a system of walkways that tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 53 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 10 iv. Provides safe, efficient access for emergency vehicles. c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. d. Clusters or Building Groups and Open Space: An appearance of openness created by clustering, separation of building groups, and through the use of well-designed open space and landscaping, or a reduction in amount of impervious surfaces not otherwise required. e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed-use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. g. Parking Area Design: i. Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. ii. Adequacy: Provides sufficient on-site vehicular parking areas consistent with the parking demand created by the development as documented in a parking analysis approved by the City. Parking management plans shall ensure sufficient resident, employee, or visitor parking standards, and there shall be no reliance on adjacent or abutting properties unless a shared parking arrangement consistent with RMC 4-4-080 is approved, h. Phasing: Each phase of the proposed development contains the required parking spaces, open space, recreation spaces, landscaping and utilities necessary for creating and sustaining a desirable and stable environment, so that each phase, together with previous phases, can stand alone. 4. Compliance with Development Standards: Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section. (Ord. 5153, 9-26-2005) DEVELOPMENT STANDARDS: 1. Common Open Space Standard: Open space shall be concentrated in large usable areas and may be designed to provide either active or passive recreation. Requirements for residential, mixed-use, commercial, and industrial developments are described below, a. Residential: For residential developments, open space must be equal to or greater in size than the total square footage of the lot area reductions requested by the planned urban development, as illustrated in Figure 1. The open space shall not include a critical area and shall be concentrated in large usable areas. Stormwater facilities may be incorporated with the open space on a case-by-case basis if the Reviewing Official finds: i. The stormwater facility utilizes the techniques and landscape requirements set forth in The Integrated Pond, King County Water and Land Resources Division, or an equivalent manual, or ii. The surface water feature serves areas outside of the planned urban development and is appropriate in size and creates a benefit. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 54 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 11 Site Area: 1.5 acres Typical Lot Size: 4,500 sq. ft. Total Number of Lots: 12 Site Area: 1.5 acres Typical Lot Size: 3,500 sq. ft. Total Number of Lots: 12 Open Space: 4,500 s.f. minus 3,500 s.f. = 1,000 s.f. x 12 lots = 12,000 sq. ft. Standard Subdivision Example Planned Urban Development Approach Figure 1. Common Open Space Example b. Mixed Use - Residential Portions: Subsections Elbi to v of this Section specify common open space standards for the residential portions of mixed-use developments. i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Reviewing Official. The required common open space shall be satisfied with one or more of the elements listed below. The Reviewing Official may require more than one of the following elements for developments having more than one hundred (100) units. (a) Courtyards, plazas, or multipurpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to: tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces. ii. Required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward the common space requirement or be located in dedicated outdoor recreation or common use areas. iii. Required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi-private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development. iv. Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. Figure 2. A visible and accessible residential common area containing landscaping and other amenities. v. Other required landscaping, and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement, c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements applicable to nonresidential portions of mixed use developments or to single use commercial or industrial developments: i. All buildings and developments with over thirty thousand (3 0,000) square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian-oriented space according to the following formula: 1% of the lot area +1% of the building area = Minimum amount of pedestrian-oriented space 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 55 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 12 Figure 3. Examples of pedesfrian-oriented space associated with a large-scale retail building. ii. To qualify as pedesfrian-oriented space, the following must be included: (a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a courtyard not subject to vehicular traffic, (b) Paved walking surfaces of either concrete or approved unit paving, (c) On-site or building-mounted lighting providing at least four (4) foot- candles (average) on the ground, and (d) At least three (3) feet of seating area (bench, ledge, etc.) or one individual seat per sixty (60) square feet of plaza area or open space. iii. The following features are encouraged in pedestrian-oriented space and may be required by the Reviewing Official. (a) Pedestrian-oriented uses at the building facade facing the pedestrian- oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security - such as adjacent to a building entry. (c) Pedestrian-oriented facades on some or all buildings facing the space consistent with Figure 4. (d) Public seating that is durable or easily replaceable, maintainable, and accessible. Figure 4. Pedestrian-oriented spaces, visible from the street, including ample seating areas, movable furniture, special paving, landscaping components, and adjacent pedestrian-oriented uses, iv. The following are prohibited within pedestrian-oriented space: (a) Adjacent unscreened parking lots, (b) Adjacent chain link fences, (c) Adjacent blank walls, (d) Adjacent dumpsters or service areas, and (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment. d. Open Space Orientation: The location of public open space shall be considered in relation to building orientation, sun and light exposure, and local micro-climatic conditions. e. Common Open Space Guidelines: Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. i. Common space areas should be located to take advantage of suirounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure, ii. In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. 2. Private Open Space: Each residential unit in a planned urban development shall have usable private open space (in addition to parking, storage space, lobbies, and corridors) for the exclusive use of the occupants of that unit. Each ground floor unit, whether attached or detached, shall have private open space, which is contiguous to the unit and shall be an area of at least twenty percent (20%) of the gross square footage of the dwelling units. The private open space shall be well demarcated and at least ten feet (10') in every dimension. Decks on upper floors can substitute for some of the required private open space for upper floor units. For dwelling units which are exclusively upper story units, there shall be deck areas totaling at least sixty (60) square feet in size with no dimension less than five feet (5'). 3. Installation and Maintenance of Common Open Space: a. Installation: All common area and open space shall be landscaped in accordance with 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 56 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 13 the landscaping plan submitted by the apphcant and approved by the City; provided, that common open space containing natural features worthy of preservation may be left unimproved. Prior to the issuance of any occupancy permit, the developer shall furnish a security device to the City in an amount equal to the provisions of RMC 4-9- 060. Landscaping shall be planted within one year of the date of final approval of the planned urban development, and maintained for a period of two (2) years thereafter prior to the release of the security device. A security device for providing maintenance of landscapmg may be waived if a landscaping maintenance contract with a reputable landscaping firm licensed to do business in the City of Renton is executed and kept active for a two (2) year period. A copy of such contract shall be kept on file with the Development Services Division. b. Maintenance: Landscaping shall be maintained pursuant to requirements of RMC 4-4- 070. 4. Installation and Maintenance of Common Facilities: a. Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Planning/Building/Public Works Administrator or his/her designee, assured through a security device to the City equal to the provisions of RMC 4-9-060, except for such common facilities that are intended to serve only future phases of a planned urban development. Any common facilities that are intended to serve both the present and future phases of a planned urban development shall be installed or secured with a security instrument as specified above before occupancy of the earliest phase that will be served. At the time of such security and deferral, the City shall determine what portion of the costs of improvements is attributable to each phase of a planned urban development. b. Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners' association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners' association accordingly. Such bill, if unpaid, shall become a lien against each individual property. (Ord. 5153, 9-26-2005) CONCLUSIONS: The proposal is a reasonably good plan for the use of any two acre site. But as a Planned Urban Development it is not highly imaginative and does not appear to embody the "innovation and creativity" enunciated in the PPUD regulations. Frankly, this office is not sure what gains are afforded by allowing the subject site to be developed as a PPUD as opposed to the normal Site Plan criteria. The site's location and topography do suggest that commercial spaces in the north building might be less successful and that modification appears reasonable. But the requested surface parking modification does not appear appropriate. Under the normal Site Plan Review criteria the applicant would be required to provide all of the parking within the two buildings. The two building, four-story design does not really offset the creation of surface parking. While the applicant might have split out the two buildings into more buildings, it is possible that they would have had less of a visual impact since they would have been smaller in scale. The apphcant is developing 117 units at a density of 56.52 dwelling units per acre. That is only eight units less than might be developed on the subject site at maximum density. The most glaring aspect of the proposal is the large number of surface parking stalls - 62. In return for waiving the code mandated indoor parking the applicant is providing exactly what? They may be saving more trees but that is not altogether clear. Surface parking usurps approximately 11,100 square feet or a quarter of an acre of open space and provides asphalt surfaces. The applicant has taken advantage of the two main level areas of the site for its building pads. The applicant noted that providing completely enclosed parking would make it harder to provide affordable units. Obviously constructing structured or contained parking costs more money but surface parking for 62 vehicles is neither creative nor innovative. The applicant has proposed buildings with flat roofs rather than providing peaked or sloping roofs that provide more visible interest. The applicant noted that they were attempting to preserve views for the easterly neighbors. The fact 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 57 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 14 that both buildings almost achieve maximum density means that they are both tall buildings. Maximizing or nearly maximizing the density of the parcel compels the taller buildings and the flat roofline rather than compelling a creative - or innovative proj ect. 2. Again, Code specifically states: "A PURPOSES: There are two (2) principal purposes of the planned urban development regulations. First, it is the purpose of these regulations to preserve and protect natural features of the land. Second, it is also the purpose of these regulations to encourage innovation and creativity in the development of residential, business, manufacturing, or mixed use developments by permitting a variety in the type, design, and arrangement of structures and improvements. In order to accomplish these purposes, this Section is established to permit development which is not limited by the strict application of the City's zoning, parking, street, and subdivision regulations when it is demonstrated that such new development will be superior to traditional development under standard regulations. In consideration of the latitude given and the absence of conventional restrictions, the reviewing agencies, Hearing Examiner, and City Council shall have wide discretionary authority in judging and approving or disapproving the innovations which may be incorporated into planned urban developments proposed under this Section, (emphasis supplied)." While the applicant has proposed some additional recreation space and landscaping, those features do not appear to adequately offset providing 62 surface parking stalls, particularly when such parking is normally to be entirely contained inside of the structure or structures. The applicant will be providing additional open space for each unit and common areas as well as pedestrian walkways and links to the surrounding sidewalks. The enhanced features proposed could be provided by a normal site plan, too. The applicant did suggest that contained parking is more costly and that would potentially affect the affordability of the units. That is a hard choice to make. But should the City abandon reasonable design standards intended to screen parking and move it indoors in order to potentially provide more affordable housing units? This office probably cannot make that detennination which is why this recommendation to the City Council will suggest that the design be further analyzed by the City Council. 3. This office believes that it would be appropriate to recommend that the City Council seek a more creative and innovative use of the subject site or more specifically a more creative and innovative project design. A design where the tradeoffs of developing a PPUD provide more tangible benefits rather than allow surface parking and less distinctive architecture. The flat rooflines and the surface parking are issues that need to be addressed. At the same time this recommendation will provide sufficient information to allow the City Council to approve the project as submitted and subject to the additional conditions suggested by Staff. 4. The design, while quite reasonable, seems to fall short of what a Planned Urban Development should or could be. That does not mean it is unacceptable but it does mean that it is certainly less than one would anticipate when deviating from the normal review standards. The apphcant has placed the City in a Hobson's Choice. Either allow affordable development with reduced aesthetic qualities or perhaps force a better design but create less affordable living choices. The plan does protect trees providing a buffer for its residents and buffering others from its mass. But the plan does not really demonstrate "innovation and creativity" nor is it really "superior to traditional development." The PPUD does protect trees, provides outdoor seating areas and landscape massing in front of the two buildings. The applicant has worked with the topography of the site but has also allowed the topography to limit pedestrian circulation on the site and around the buildings. Neither building has a defined focal point for an entrance and the North Building completely lacks what might be called a front entrance. Staff had asked that these areas be better delineated and the applicant indicated that they would change some design elements. The applicant has indicated that the appropriate open space in the appropriate dimensions can be provided as required. 5. As noted above, there is nothing particularly innovative or creative about placing two 4-story, multifamily residential buildings on a parcel and surrounding them with sixty-two (62) surface parking stalls. That probably is the most disappointing aspect of this proposal. Site Plan review could have exacted architectural features and open space for residents and the parking would have been under or within the buildings. Be that as it may, if the Council 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 58 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 15 determines that the project is reasonable, then the design does work. The applicant has provided the required parking, although with a higher complement of compact stalls. The landscaping is definitely well-designed and tree preservation is part of the proposal. The longer facades of the two buildings have more than adequate architectural detailing that includes modulations in the form of bays and balconies. Different materials, textures and colors and trim will define the buildings' levels and corner elements. Again, the flat roof is not very characteristic of newer buildings or even neighboring buildings and pitched or peak roofs lend a more finished appearance to buildmgs and provide a more graceful skyline. The applicant should provide peaked or pitched roofs as part of the proposal 6. The proposed slope modifications are appropriate whether the property is developed as a PPUD or under Site Plan provisions. If surface parking is not permitted, there might be a reduced need to alter some of the steeper slopes or portions of those slopes. 7. In conclusion, the proposal, if it were not submitted as a PPUD would be a reasonable project although, as noted, it would have been required to provide interior or contained parking. It is well-landscaped and the buildings have a reasonable facade treatment. The roofline whether a PPUD or a Site Plan is unimaginative and certainly lacks the creativity and innovation a PPUD should exhibit. Circulation for vehicles and pedestrians is reasonable and if staff s recommendations are adhered to, they would be more than adequate. The City Council should consider if this proposal has the merit of a PPUD but this office suggests the project could be improved as noted above. RECOMMENDATION: The City Council should require the PPUD to be redesigned to incorporate fully structured parking and pitched or peaked roofs. In the alternative, if the City Council believes this project fulfills the goals and policies of creating an innovative and creative mixed use proposal they should approve the two-phase proposal subject to the following conditions: 1. Refuse and recyclables areas shall be dimensioned on the revised site plan submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. A detail of the refuse and recyclables areas must be submitted with the site plan indicating compliance with RMC 4-4-090. 2. The pedestrian walkway system shall be extended to provide connectivity to Benson Road S, between the North and South Buildings, and between the project site and the dental/medical office building to the north. This extended walkway system shall be indicated on the revised site plan submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 3. All walkways/crosswalks within parking lots shall be differentiated by material or texture,' such as raised and stamped concrete or raised and painted asphalt. Such walkways/crosswalks shall be indicated on the revised site submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 4. A Final landscape plan shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits that indicates expanded and enhanced landscapmg using more trees in the area of the gazebo, benches and picnic tables. 5. Revised elevations for the south elevation of the North Building and the north elevation of the South Building showing architectural modulation similar to the east and west elevations shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 6. Revised elevations shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits which indicate that decorative ironwork would be used for ground level parking structure openings. 7. A revised site plan showing additional walkways and crosswalks to promote pedestrian safety throughout the site. Such walkways shall be shown to provide a connection to the dental/medical office building to the north, between passive recreation areas as well as providing crosswalks across surface 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 59 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 16 parking lots. The revised site plan shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 8. A lighting plan shall be submitted to the Planning Division project manager for review and approval prior to utility construction that indicates pedestrian walkway, landscape, and building hghting. 9. A revised site plan and revised elevations shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits indicating that primary entries would have awnings or canopies and be identified with decorative paving and/or landscaping. 10. A rooftop mechanical equipment detail shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 11. Revised floor plans shall be submitted to the Planning Division proj ect manager for review and approval prior to the issuance of building permits indicating compliance with the dimension and square footage requirements of the PUD decision criteria. 12. All common facilities, not dedicated to the City, shall be permanently maintained by the PUD owner. 13. The applicant shall provide peaked or pitched roofs as part of this proposal. 14. The modification to allow grading of the steep slopes shall be submitted to the Planning Division project manager for review and approval prior to the issuance of building permits. 15. The applicant shall be required to designate five to ten stalls as guest parking. ORDERED THIS 12th day of July 2010. (X^ FRED J. KAUFMAN HEARING EXAMINER TRANSMITTED THIS 12th day of July 2010 to the parties of record: Gerald Wasser Development Services Renton, WA 98057 Chris Koruga Eagle Ridge LLC 5454 30th Ave SW Seattle, WA 98126 Loraine Lafoon Berkshire Apartments, Mgr. Office 1300 Eagle Ridge Drive S Renton, WA 98055 Kayren Kittrick Development Services Renton, WA 98057 John Minden JM Architects 1869 ESeltice Way, Ste. 336 Post Falls, ID 83854 BenYu Eagle Ridge HOA 1100 Eagle Ridge Drive S, #A Renton, WA 98055 Robert Hancheroff 17710 234th Ave SE Maple Valley, WA 98038 John Murphy New Home Trends, Inc. 4314 148th Street SE Mill Creek, WA 98012 Van Hong PO Box 14136 Seattle, WA 98114 TRANSMITTED THIS 12th day of July 2010 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Dave Pargas, Fire Larry Meckling, Building Official Planning Commission 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 60 of 469 Eagle Ridge PUD File No.: LUA 09-150, PPUD, ECF July 12, 2010 Page 17 Gregg Zimmerman, PBP W Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter Pursuant to Title IV, Chapter 8, Section lOOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., July 26,2010. 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 Ex_miner 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 TV, 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. An appeal must be filed in writing on or before 5:00 p.m., July 26,2010. 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 processing 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 pubhc 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. 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 61 of 469 LINCOLN VfROPEfm EXHIBIT 2 __§&_• / UJ V- <£> a.- ^tyof Rento Pfahning Division \ 1 _ 2ff09 V I 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 62 of 469 EXHIBIT 3 4v EAGLE RIDGE APARTMENTS _ OFFICES SITE PLAN «wal__tti_T 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 63 of 469 8^" |__ HI DQ X .LU it^y i a tSIORY WOO sr/UHir KYmme. wan . bikwr/UMT PI.AT (j-sroiv^- nwij ne — iOBOTISLIfflS-PHASE TTWIQI City of Renton Planning Division. 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APARTMENTS & OFFICES ELEVATIONS B SOUTH BLDG gw E BBLTC- WAY nor FAILS, D TC&MUK1 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 66 of 469 m I I i i t ~ f - f • r -M Jnnl PI _g 9. _3 r-¥ _3 *< 5-0 CO -*' a 33 <5> w _i o o =3 L 1I9IHX3 -f \ i ; j 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 67 of 469 ftp aa O m m CO TJ o a) _j -, —f' CQ n < 03 J™_• o -*> _a (D 3 S o 8 1I9IHX3 g 11 Bl BI Hal r - r~t EAGLE RIDGE CONDOMINIUMS ELEVATIONS A °H NORTH BLDG f* tCM_ J_T«TST __m__j, WA oaon 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 68 of 469 IL_ -# ra _g 9 _} r*+ i-o to ""** < 5 to 3 pr* 1-+ ° o •_s_S lanmmB tm*3 * 4^ 6 XI8IHX3 a i BBH u i I i I I If tun. HE MI _r BCTn—LL, WA 8B0II 6c. ‐ City Clerk reports appeal of Hearing Examiner’s decision regarding  the Eagle Ridge PUD application (LUA‐09‐150, ECF, PPUD); appeal filed Page 69 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Northwest Men's Project Pledge regarding Domestic Violence Meeting: Regular Council - 04 Oct 2010 Exhibits: Resolution Submitting Data: Dept/Div/Board: Executive Staff Contact: Marty Wine, Asst. CAO x6526 Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The Renton City Council heard a request from the Northwest Men's Project on July 19, 2010 regarding efforts to create safer school communities, more engaged students and healthier futures through youth, community and school engagement that can change beliefs, behaviors and policies that perpetuate men's violence. Councilmembers were asked to sign a pledge to learn, speak and act to learn about and model healthy relationships, safe conflict resolution and taking actions when we witness domestic violence in our families, workplace or community. This resolution states the pledge for Council consideration. STAFF RECOMMENDATION: Adopt the Northwest Men's Project pledge regarding domestic violence by resolution. 6d. ‐ Executive Department recommends adoption of a resolution  proclaiming support for the Northwest Men's Project Pledge regarding Page 70 of 469 6d. ‐ Executive Department recommends adoption of a resolution  proclaiming support for the Northwest Men's Project Pledge regarding Page 71 of 469 6d. ‐ Executive Department recommends adoption of a resolution  proclaiming support for the Northwest Men's Project Pledge regarding Page 72 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Adopting Public Defense Standards, Amending RMC 3-1, adding a new section Meeting: Regular Council - 04 Oct 2010 Exhibits: Ordinance Washington State Bar Association Model Standards for Indigent Defense Services Submitting Data: Dept/Div/Board: Executive Staff Contact: Marty Wine, Assistant CAO (x6526) Recommended Action: Refer to Public Safety Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: RCW 10.101.030 requires counties and cities to "adopt standards for the delivery of public defense services, whether...provided by contract, assigned counsel, or a public defender office. Standards shall include...compensation of counsel, duties and responsibilities of counsel, case load limits and types of cases, responsibility for expert witness fees and vouchers, training, supervision, monitoring and evaluation of attorneys, substitution of attorneys or assignment of contracts, limitations on private practice of contract attorneys, qualifications of attorneys, disposition of client complaints, cause for termination of contract or removal of attorney, and nondiscrimination." The proposed ordinance amends the Renton Municipal Code to add public defense standards that reflect current practice, contract terms, are aligned with provisions in state law, and with standards endorsed by the Washington State Bar Association. The State Supreme Court has delayed implementation of proposed amendments to criminal rules related to appointment of defense counsel for indigent persons. Once the State has considered and adopted standards, the public defense attorney will be required to certify compliance with State standards to the court. In advance of State action, the City must adopt its own standards, and can amend local standards when State guidance is given. Adopting standards now also allows Renton to qualify for grants offered by State Office of Public Defense. Renton currently contracts for public defense services. The current primary contract with Cayce & Grove for public defense services envisions that standards would be adopted during the current term (through 2010), and future contracts will need to be amended to change the coverage, caseload, compensation and withdrawal sections (to be addressed in a late-2010 RFP process). STAFF RECOMMENDATION: Adopt an ordinance amending RMC 3-1 to add a new section adopting public defense standards. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 73 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 74 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 75 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 76 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 77 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 78 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 79 of 469 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 80 of 469 Washington State Bar Association Standards for Indigent Defense Services On September 20, 2007, the Washington State Bar Association Board of Governors adopted updated Standards for indigent defense services as proposed by the WSBA Committee on Public Defense. STANDARD ONE: Compensation Standard: Public defense attorneys and staff should be compensated at a rate commensurate with their training and experience. To attract and retain qualified personnel, compensation and benefit levels should be comparable to those of attorneys and staff in prosecutorial offices in the area. For assigned counsel, reasonable compensation should be provided. Compensation should reflect the time and labor required to be spent by the attorney and the degree of professional experience demanded by the case. Assigned counsel should be compensated for out-of-pocket expenses. Contracts should provide for extraordinary compensation over and above the normal contract terms for cases which require an extraordinary amount of time and preparation, including, but not limited to, death penalty cases. Services which require extraordinary fees should be defined in the contract. Attorneys who have a conflict of interest should not have to compensate the new, substituted attorney out of their own funds. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 81 of 469 Flat fees, caps on compensation, and lump-sum contracts for trial attorneys are improper in death penalty cases. Private practice attorneys appointed in death penalty cases should be fully compensated for actual time and service performed at a reasonable hourly rate with no distinction between rates for services performed in court and out of court. Periodic billing and payment should be available. The hourly rate established for lead counsel in a particular case should be based on the circumstances of the case and the attorney being appointed, including the following factors: the anticipated time and labor required in the case, the complexity of the case, the skill and experience required to provide adequate legal representation, the attorney's overhead expenses, and the exclusion of other work by the attorney during the case. Under no circumstances should the hourly rate for lead counsel, whether private or public defender, appointed in a death penalty case be less than $125 per hour (in 2006 dollars). Related Standards: American Bar Association, Standards for Criminal Justice, 5-2.4 and 5-3.1. American Bar Association, Guidelines for the Appointment and Performance in Death Penalty Cases, 1988, Standard 10-1. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standards 13.7 and 13.11. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-4. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Standard III-10 and III-11. 1 Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline No. 6. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 82 of 469 STANDARD TWO: Duties and Responsibilities of Counsel Standard: The legal representation plan shall require that defense services be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client. Related Standards: American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standards 13.1. National Legal Aid and Defender Association, Standards for Defender Services, Standard II-2. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-18. American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases http://www.abanet.org/deathpenalty/guidelines.pdf 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 83 of 469 STANDARD THREE: Caseload Limits and Types of Cases Standard: The contract or other employment agreement or government budget shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. The caseload of public defense attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. The caseload of a full-time public defense attorney or assigned counsel shall not exceed the following: 150 Felonies per attorney per year; or 300 misdemeanor cases per attorney per year; or in certain circumstances described below the caseload may be adjusted to no more than 400 cases, depending upon: • The caseload distribution between simple misdemeanors and complex misdemeanors; or • Jurisdictional policies such as post-filing diversion and opportunity to negotiate resolution of large number of cases as non-criminal violations; • Other court administrative procedures that permit a defense lawyer to handle more cases 250 Juvenile Offender cases per attorney per year; or 80 open Juvenile dependency cases per attorney; or 250 Civil Commitment cases per attorney per year; or 200 Juvenile Status Offenses per attorney per year; or 1 Active Death Penalty cases at a time; or 36 Appeals to an appellate court hearing a case on the record and briefs per attorney per year. (The 36 standard assumes experienced appellate attorneys handling cases with transcripts of an average length of 350 pages. If attorneys do not have significant appellate experience and/or the average transcript length is greater than 350 pages, the caseload should be accordingly reduced.) Definition of Case: 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 84 of 469 A case is defined as the filing of a document with the court naming a person as defendant or respondent, to which a public defense attorney is appointed in order to provide representation. General Considerations: Caseload limits should be determined by the number of cases being accepted and on the local prosecutor’s charging and plea bargaining practices. If a defender or assigned counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the contracting agency should ensure that attorneys not accept more cases than they can reasonably discharge. In these situations, the caseload should be based on the percentage of time the lawyer devotes to public defense. Related and Source Standards American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3. ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. http://www.abanet.org/deathpenalty/guidelines.pdf National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard 13.12. American Bar Association Disciplinary Rule 6-101. American Bar Association Ten Principles of a Public Defense Delivery System. See, http:/www.abanet,org/legalservices/downloads/sclaid/indigentdefense/tenprincipl esbooklet.pdf (2002). ABA Standards of Practice for Lawyers who Represent Children in Abuse & Neglect Cases, (1996) American Bar Association, Chicago, IL The American Council of Chief Defenders Ethical Opinion 03-01 (2003). National Legal Aid and Defender Association, Standards for Defender Services, Standards IV-I. National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002), available on line at www.nlada.org/DMS/Documents/1025702469/Full%20volume.doc NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001, available online at http://naccchildlaw.org/training/standards.html) 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 85 of 469 City of Seattle Ordinance Number: 12501 (2004). Seattle-King County Bar Association Indigent Defense Services Task Force, Guideline Number 1. Washington State Office of Public Defense, Proposed Standards for Dependency and Termination Defense Attorneys (1999), available online at http://www.opd.wa.gov/Publications/Dependency%20&%20Termination%20Repo rts/1999%20Cost%20of%20Defense%20Dep%20&%20Ter.pdf 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 86 of 469 STANDARD FOUR: Responsibility for Expert Witnesses Standard: Reasonable compensation for expert witnesses necessary to preparation and presentation of the defense case shall be provided. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees should be made through an ex parte motion. The defense should be free to retain the expert of its choosing and in no cases should be forced to select experts from a list pre-approved by either the court or the prosecution. Related Standards: American Bar Association, Standards for Criminal Justice, 5-1.4. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV 2d, 3. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1983, Standard III-8d. National Advisory Commission, Task Force on Courts, 1973, Standard 13.14. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 87 of 469 STANDARD FIVE: Administrative costs Standard: Contracts for public defense services shall provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel, telephones, law library, including electronic legal research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed by these standards, and other costs necessarily incurred in the day-to- day management of the contract. Public defense attorneys should have an office that accommodates confidential meetings with clients and receipt of mail, and adequate telephone services to ensure prompt response to client contact. Related Standards: American Bar Association, Standards for Criminal Justice, Providing Defense Services. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, (1976), Guideline 3.4. National Legal Aid and Defender Association, Standards for Defender Services, 1976 I-3, IV 2a-e, IV 5. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 88 of 469 STANDARD SIX: Investigators Standard: Public defender offices, assigned counsel, and private law firms holding public defense contracts should employ investigators with investigation training and experience. A minimum of one investigator should be employed for every four attorneys. Related Standards: American Bar Association, Standards for Criminal Justice, 4-4.1 and 5-1.14. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.14. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard III-9. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 8. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 89 of 469 STANDARD SEVEN: Support Services Standard: The legal representation plan should provide for adequate numbers of investigators, secretaries, word processing staff, paralegals, social work staff, mental health professionals and other support services, including computer system staff and network administrators. These professionals are essential to ensure the effective performance of defense counsel during trial preparation, in the preparation of dispositional plans, and at sentencing. 1. Legal Assistants - At least one full-time legal assistant should be employed for every four attorneys. Fewer legal assistants may be necessary, however, if the agency has access to word processing staff, or other additional staff performing clerical work. Defenders should have a combination of technology and personnel that will meet their needs. 2. Social Work Staff - Social work staff should be available to assist in developing release, treatment, and dispositional alternatives. 3. Mental Health Professionals - Each agency should have access to mental health professionals to perform mental health evaluations. 4. Investigation staff should be available as provided in Standard Six. 5. Each agency or attorney providing public defense services should have access to adequate and competent interpreters to facilitate communication with non-English speaking and hearing-impaired clients for attorneys, investigators, social workers, and administrative staff. Related Standards: American Bar Association, Standards for Criminal Justice, 4-8.1 and 5-1.4. National Advisory Committee on Criminal Justice Standards and Goals, Task Force on Courts, Standard 13.14. National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard III-8. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 7. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 90 of 469 STANDARD EIGHT: Reports of Attorney Activity Standard: The legal representation plan shall require that the defense attorney or office maintain a case-reporting and management information system which includes number and type of cases, attorney hours and disposition. This information shall be provided regularly to the Contracting Authority and shall also be made available to the Office of the Administrator of the Courts. Any such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form shall be used by assigned counsel attorneys seeking payment upon completion of a case. For attorneys under contract, payment should be made monthly, or at times agreed to by the parties, without regard to the number of cases closed in the period. Related Standards: American Bar Association, Standards for Criminal Justice, 5-3.3. (b) xii, The Report to the Criminal Justice Section Council from the Criminal Justice Standards Committee, 1989. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984 Standard III-22. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Guideline 3.4, 4.1, and 5.2. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 91 of 469 STANDARD NINE: Training Standard: The legal representation plan shall require that attorneys providing public defense services participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. In offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held to inform them of office procedure and policy. All attorneys should be required to attend regular in-house training programs on developments in criminal law, criminal procedure and the forensic sciences. Attorneys in civil commitment and dependency practices should attend training programs in these areas. Offices should also develop manuals to inform new attorneys of the rules and procedures of the courts within their jurisdiction. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and other media. Related Standards: American Bar Association, Standards for Criminal Justice, 5-1.4. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.16. National Legal Aid and Defender Association, Standards for Defender Services, Standard V. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Standard III-17. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 3. National Legal Aid and Defender Association, Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases, 1988, Standard 9.1. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 92 of 469 STANDARD TEN: Supervision Standard: Each agency or firm providing public defense services should provide one full-time supervisor for every ten staff lawyers or one half-time supervisor for every five lawyers. Supervisors should be chosen from among those lawyers in the office qualified under these guidelines to try Class A felonies. Supervisors should serve on a rotating basis, and except when supervising fewer than ten lawyers, should not carry caseloads. Related Standards: National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.9. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contract, 1984, Standard III-16. Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 4. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 93 of 469 STANDARD ELEVEN: Monitoring and Evaluation of Attorneys Standard: The legal representation plan for provision of public defense services should establish a procedure for systematic monitoring and evaluation of attorney performance based upon publicized criteria. Supervision and evaluation efforts should include review of time and caseload records, review and inspection of transcripts, in-court observations, and periodic conferences. Performance evaluations made by a supervising attorney should be supplemented by comments from judges, prosecutors, other defense lawyers and clients. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers or as dependency or civil commitment advocates. Related Standards: National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Standard III-16. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 5.4 and 5.5. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.9. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 94 of 469 STANDARD TWELVE: Substitution of Counsel Standard: The attorney engaged by local government to provide public defense services should not sub-contract with another firm or attorney to provide representation and should remain directly involved in the provision of representation. If the contract is with a firm or office, the contracting authority should request the names and experience levels of those attorneys who will actually be providing the services, to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement. Alternate or conflict counsel should be available for substitution in conflict situations at no cost to the counsel declaring the conflict. Related Standards: American Bar Association, Standards for Criminal Justice, Standard 5-5.2. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.1. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-23. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 95 of 469 STANDARD THIRTEEN: Limitations on Private Practice of Contract Attorneys Standard: Contracts for public defense representation with private attorneys or firms shall set limits on the amount of privately retained work which can be accepted by the contracting attorney. These limits shall be based on the percentage of a full-time caseload which the public defense cases represent. Related Standards: American Bar Association, Standards for Criminal Justice, 4-1.2(d), 5-3.2. American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal Opinion 06-441. http://www.abanet.org/cpr/pubs/ethicopinions.html National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.7. National Legal Aid and Defender Association, Standards for Defender Services, Standard III-3 and IV-1. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Guideline III-6. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 96 of 469 STANDARD FOURTEEN: QUALIFICATIONS OF ATTORNEYS 1. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services should meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; B. and be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. be familiar with the collateral consequences of a conviction, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and D. Be familiar with mental health issues and be able to identify the need to obtain expert services; and E. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. 2. Trial attorneys' qualifications according to severity or type of case: A. Death Penalty Representation. Each attorney acting as lead counsel in a death penalty case or an aggravated homicide case in which the decision to seek the death penalty has not yet been made shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. at least five years criminal trial experience; and iii. have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion; and iv. have served as lead or co-counsel in at least one jury trial in which the death penalty was sought; and v. have experience in preparation of mitigation packages in aggravated homicide or persistent offender cases; and vi. have completed at least one death penalty defense seminar within the previous two years; and vii. meet the requirements of SPRC 2.1 1 SPRC 2 APPOINTMENT OF COUNSEL At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 97 of 469 The defense team in a death penalty case should include, at a minimum, the two attorneys appointed pursuant to SPRC 2, a mitigation specialist and an investigator. Psychiatrists, psychologists and other experts and support personnel should be added as needed. B. Adult Felony Cases - Class A. Each staff attorney representing a defendant accused of a Class A felony as defined in RCW 9A.20.020 shall meet the following requirements: i. Minimum requirements set forth in Section 1, and responsibility for appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.2(f) and (h), the Supreme Court will determine all motions to withdraw as counsel on appeal. A list of attorneys who meet the requirements of proficiency and experience, and who have demonstrated that they are learned in the law of capital punishment by virtue of training or experience, and thus are qualified for appointment in death penalty trials and for appeals will be recruited and maintained by a panel created by the Supreme Court. All counsel for trial and appeal must have demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial must have five years’ experience in the practice of criminal law be familiar with and experienced in the utilization of expert witnesses and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case. One counsel must be, and both may be, qualified for appointment in capital trials on the list, unless circumstances exist such that it is in the defendant’s interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial court shall make findings of fact if good cause is found for not appointing list counsel. At least one counsel on appeal must have three years’ experience in the field of criminal appellate law and be learned in the law of capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list, but will have the final discretion in the appointment of counsel. Available at htp://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=SPRC&ruleid=supspr c2. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 98 of 469 ii. Either: has served two years as a prosecutor; or a. has served two years as a public defender; or two years in a private criminal practice, and b. has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in three felony cases that have been submitted to a jury. C. Adult Felony Cases - Class B. Violent Offense or Sexual Offense. Each attorney representing a defendant accused of a Class B violent offense or sexual offense as defined in RCW 9A.20.020 shall meet the following requirements: i. Minimum requirements set forth in section 1, and ii. Either: a. has served one year as prosecutor; or b. has served one year as public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class C felony cases that have been submitted to a jury. D. Adult Felony Cases - All other Class B Felonies, Class C Felonies, Probation or Parole Revocation. Each staff attorney representing a defendant accused of a Class B felony not defined in c above or a Class C felony, as defined in RCW 9A.20.020, or involved in a probation or parole revocation hearing shall meet the following requirements: i. Minimum requirements set forth in section 1, and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice; and iii. Has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and iv. Each attorney shall be accompanied at his or her first felony trial by a supervisor if available. E. Persistent Offender (Life Without Possibility of Release) Representation. Each attorney acting as lead counsel in a “two-strikes” or “three strikes” case in which a conviction will result in a mandatory sentence of life in prison without parole shall meet the following requirements: i. The minimum requirements set forth in Section 1; 2 and 2 RCW 10.01.060 provides that counties receiving funding from the state Office of Public Defense under that statute must require “attorneys who handle the most serious cases to meet specified qualifications as set forth in the Washington state bar 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 99 of 469 ii. Have at least: a. four years criminal trial experience; and b. one year experience as a felony defense attorney; and c. experience as lead counsel in at least one Class A felony trial; and d. experience as counsel in cases involving each of the following: 1) Mental health issues; and 2) Sexual offenses, if the current offense or a prior conviction that is one of the predicate cases resulting in the possibility of life in prison without parole is a sex offense; and 3) Expert witnesses; and 4) One year of appellate experience or demonstrated legal writing ability. F. Juvenile Cases - Class A - Each attorney representing a juvenile accused of a Class A felony shall meet the following requirements: i. Minimum requirements set forth in section 1, and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; one year in a private criminal practice and iii. Has been trial counsel alone of record in five Class B and C felony trials; and iv. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor, if available. G. Juvenile Cases - Classes B and C - Each attorney representing a juvenile accused of a Class B or C felony shall meet the following requirements: i. Minimum requirements set forth in Section 1; and ii. Either: a. has served one year as a prosecutor; or b. has served one year as a public defender; or one year in a private criminal practice, and association endorsed standards for public defense services or participate in at least one case consultation per case with office of public defense resource attorneys who are so qualified. The most serious cases include all cases of murder in the first or second degree, persistent offender cases, and class A felonies. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 100 of 469 c. as been trial counsel alone in five misdemeanor cases brought to a final resolution; and iii. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor if available. H. Juvenile Status Offenses Cases. Each attorney representing a client in a “Becca” matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and ii. Either: a. have represented clients in at least two similar cases under the supervision of a more experienced attorney or completed at least three hours of CLE training specific to “status offense” cases or b. have participated in at least one consultation per case with a more experienced attorney who is qualified under this section. I. Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a gross misdemeanor or condition of confinement, shall meet the requirements as outlined in Section 1. J. Dependency Cases. Each attorney representing a client in a dependency matter shall meet the following requirements: i. The minimum requirements as outlined in Section 1; and ii. Attorneys handling termination hearings shall have six months dependency experience or have significant experience in handling complex litigation. iii. Attorneys in dependency matters should be familiar with expert services and treatment resources for substance abuse. iv. Attorneys representing children in dependency matters should have knowledge, training, experience, and ability in communicating effectively with children, or have participated in at least one consultation per case either with a state Office of Public Defense resource attorney or other attorney qualified under this section. K. Civil Commitment Cases. Each attorney representing a respondent shall meet the following requirements: i. Minimum requirements set forth in Section 1; and ii. Each staff attorney shall be accompanied at his or her first 90 or 180 day commitment hearing by a supervisor; and iii. Shall not represent a respondent in a 90 or 180 day commitment hearing unless he or she has either: 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 101 of 469 a. served one year as a prosecutor, or b. served one year as a public defender, or one year in a private civil commitment practice, and c. been trial counsel in five civil commitment initial hearings; and iv. Shall not represent a respondent in a jury trial unless he or she has conducted a felony jury trial as lead counsel; or been co- counsel with a more experienced attorney in a 90 or 180 day commitment hearing, L. Sex Offender “Predator” Commitment Cases Generally, there should be two counsel on each sex offender commitment case. The lead counsel shall meet the following requirements: i. The minimum requirements set forth in Section 1; and ii. Have at least: a. Three years criminal trial experience; and b. One year experience as a felony defense attorney or one year experience as a criminal appeals attorney; and c. Experience as lead counsel in at least one felony trial; and d. Experience as counsel in cases involving each of the following: 1) Mental health issues; and 2) Sexual offenses; and 3) Expert witnesses; and e. Familiarity with the Civil Rules; and f. One year of appellate experience or demonstrated legal writing ability. Other counsel working on a sex offender commitment cases should meet the Minimum Requirements in Section 1 and have either one year experience as a public defender or significant experience in the preparation of criminal cases, including legal research and writing and training in trial advocacy. M. Contempt of Court Cases Each attorney representing a respondent shall meet the following requirements: i. Minimum requirements set forth in Section 1; and ii. Each staff attorney shall be accompanied at his or her first three contempt of court hearings by a supervisor or more experienced attorney, or participate in at least one consultation per case with a state Office of Public Defense resource attorney or other attorney qualified in this area of practice. N. Specialty Courts 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 102 of 469 Each attorney representing a client in a specialty court (e.g., mental health court, drug diversion court, homelessness court) shall meet the following requirements: i. Minimum requirements set forth in Section 1; and ii. The requirements set forth above for representation in the type of practice involved in the specialty court (e.g., felony, misdemeanor, juvenile); and iii. Be familiar with mental health and substance abuse issues and treatment alternatives. 3. Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall meet the following requirements: A. The minimum requirements as outlined in Section 1; and B. Either: i. has filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or ii. has equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work. iii. Attorneys with primary responsibility for handling a death penalty appeal shall have at least five years' criminal experience, preferably including at least one homicide trial and at least six appeals from felony convictions. RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel alone for a case on appeal to the Superior Court from a Court of Limited Jurisdiction should meet the minimum requirements as outlined in Section 1, and have had significant training or experience in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more experienced attorney in preparing and arguing an RALJ appeal. 4. Legal Interns. A. Legal interns must meet the requirements set out in APR 9. B. Legal interns shall receive training pursuant to APR 9 and Standard Nine, Training. Related Standards: 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 103 of 469 National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Standard 13.15. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Public Defense Contracts, 1984, Standard III-7. National Legal Aid and Defender Association, Standards for the Appointment and Performance of Counsel in Death Penalty Cases, 1987, Standard 5.1. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 104 of 469 STANDARD FIFTEEN: Disposition of Client Complaints Standard: Each agency or firm or individual contract attorney providing public defense services shall have a method to respond promptly to client complaints. Complaints should first be directed to the attorney, firm or agency which provided representation. If the client feels that he or she has not received an adequate response, the contracting authority or public defense administrator should designate a person or agency to evaluate the legitimacy of complaints and to follow up meritorious ones. The complaining client should be informed as to the disposition of his or her complaint within one week. Related Standards: The American Bar Association, Standards for Criminal Justice, 4-5.1 and 4-5.2. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 105 of 469 STANDARD SIXTEEN: Cause for Termination of Defender Services and Removal of Attorney Standard: Contracts for indigent defense services shall include the grounds for termination of the contract by the parties. Termination of a provider's contract should only be for good cause. Termination for good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. Removal by the court of counsel from representation normally should not occur over the objection of the attorney and the client. Related Standards: American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5- 5.3. National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense Contracts, 1984, Guideline III-5. National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United States, 1976, Recommendations 2.12 and 2.14. National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.8. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 106 of 469 STANDARD SEVENTEEN: Non-Discrimination Standard: Neither the Contracting Authority, in its selection of an attorney, firm or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, gender, sexual orientation or disability. Both the contracting authority and the contractor shall comply with all federal, state, and local non-discrimination requirements. Related Standards: American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3.1. National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard III-8. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 107 of 469 STANDARD EIGHTEEN: Guidelines for Awarding Defense Contracts Standard: The county or city should award contracts for public defense services only after determining that the attorney or firm chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards. Contracts should only be awarded to a) attorneys who have at least one year's criminal trial experience in the jurisdiction covered by the contract (i.e., City and District Courts, Superior Court or Juvenile Court), or b) to a firm where at least one attorney has one year's trial experience. City attorneys, county prosecutors, and law enforcement officers should not select the attorneys who will provide indigent defense services. Related Standards: National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1984, Standard IV-3. King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of Defender Agencies, 1982, Statement of Purpose. 6e. ‐ Executive Department recommends amending City Code to add a  new section regarding Public Defense Standards.  Refer to Public Safety Page 108 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Utility Bill Leak Adjustment Meeting: Regular Council - 04 Oct 2010 Exhibits: Water Leak Adjustment Receipts_Calculations Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Elloyce Sumpter, Utility Billing Supervisor Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $2,811.44 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: ISSUE Should an adjustment be made to the utility billing account of Lime Hill Properties LLC/Moss Road LLC, Rencliffe Apartments as a result of a water leak? RECOMMENDATION Staff recommends approval of the adjustment in the amount of $2,811.44 in accordinance with Ordinance #5210. BACKGROUND Finance received a leak adjustment request from Lime Hill Properties located at 400 Taylor Avenue NW (Utility Billing Acct #005020-000) in the amount of $2,811.44. Attached is their written statement and documentation of the leak along with their utility billing history. Ordinance #5210 provides that any adjustment will be submitted to the Finance Committee for approval on accounts greater than $2,000. CONCLUSION Recommendation to approval water leak adjustment for $2,811.44. STAFF RECOMMENDATION: Approve the leak adjustment of $2,811.44 in accordance with Ordinance #5210. 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 109 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 110 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 111 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 112 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 113 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 114 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 115 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 116 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 117 of 469 6f. ‐ Finance and Information Technology Department reports request  from Lime Hill Properties, LLC/Moss Road, LLC (Rencliffe Page 118 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Golf Revenue Refunding Bonds Early Retirement Meeting: Regular Council - 04 Oct 2010 Exhibits: Issue Paper Amortization Schedule Interfund Loan Resolution Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Kristi Rowland, Sr Finance Analyst Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Fund 404 saves = $175,009 over 5 years. Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Fund 000 = $128,303 (market return) over five years. Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Finance and Information Technology Administrator will notify Bank of New York to call for early retirement the remaining bonds within the Golf Revenue Refunding Bond Series 1999. In addition, the General Fund (000) will loan the Golf Fund (404) $1,875,000 with an interest rate of 2.2476% over a period of five years beginning December 1, 2010. The first annual payment will be due on December 1, 2011. STAFF RECOMMENDATION: Authorize the FIT Administrator to sign the redemption notice to call the remaining Golf Revenue Refunding Bonds, series 1999; and approve the resolution authorizing a loan of $1,875,000 to the Golf Fund (404). 6g. ‐ Finance and Information Technology Department requests approval  to retire the remaining Golf Revenue Refunding Bonds, Series 1999, and Page 119 of 469 FINANCE AND INFORMATION TECHNOLOGY M E M O R A N D U M DATE:September 27, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Iwen Wang, FIT Administrator STAFF CONTACT:Kristi Rowland, Sr. Finance Analyst SUBJECT:Early Retirement of Golf Refunding Bonds and Interfund Loan from General Fund to Golf Fund ISSUE Should the City provide an internal loan from the General Fund to the Golf Course fund to enable the early retirement of the Golf Refunding Bonds, Series 1999. RECOMMENDATION Staff recommends the Council authorize the Finance and Information Technology Administrator to sign the redemption notice to be delivered to the Bank of New York as notice of intent to call the remaining Golf Revenue Refunding bonds, Series 1999; and authorize the use of General Funds (Fund 000) to loan $1,875,000 to the Golf Fund (Fund 404) with an interest rate of 2.2476% over a five year period commencing on December 1, 2010. Staff will process the 2010 budget adjustments necessary as a result of this action within the 2010 year-end Budget Adjustment ordinance. BACKGROUND The Golf Course Revenue Refunding Bonds, Series 1999, currently bear interest rates for the years 2011-2015 of 5.0-5.3%. The annual debt service payments range between 431k and 437k and include total interest costs of $303k. Current investment opportunities for the General Fund offer very low rates of return. For example, the national average for a five year jumbo certificate of deposit is currently 1.69% and five-year U.S. Treasuries are yielding 1.25% and five-year Municipal bonds are yielding 1.23%. The proposed interfund loan rate of 2.2476%, prepared for current market conditions by our Financial Advisor, Piper Jaffrey, offers a mutually beneficial opportunity for each fund. If approved by Council, the General Fund investment will be earning at a competitive or better rate than current market opportunities while the Golf Course Fund will save over half of their anticipated interest costs over the term of the loan. CONCLUSION Staff recommends that the remaining bonds of the Golf Course Revenue Refunding Bonds, Series 1999 be retired and an interfund loan in the amount of $1,875,000 over a five year period be authorized from the General Fund to the Golf Fund. Cc: Jay Covington, CAO Marty Wine, Assistant CAO Iwen Wang, FIT Administrator Terry Higashiyama, Community Svs Administrator 6g. ‐ Finance and Information Technology Department requests approval  to retire the remaining Golf Revenue Refunding Bonds, Series 1999, and Page 120 of 469 Proposed Interfund Loan From the General Fund (000) to the Golf Fund (404) Due CUSIP Principal Pmt Interest Due Total 12/01/2011 760138B $     340,000 5.00%97,073$ 437,073$ 12/01/2012 760138B         355,000 5.10%80,073 435,073 12/01/2013 760138B         375,000 5.20%61,968 436,968 12/01/2014 760138B         395,000 5.25%42,468 437,468 12/01/2015 760138B         410,000 5.30%21,730 431,730 Total 1,875,000 5.17% 303,312 2,178,312 Loan Amount 1,875,000$ Interest Rate 2.2476% Due Principal Pmt Interest Due Total 12/01/2011 358,517 2.25%42,143 400,661 12/01/2012 366,575 2.25%34,085 400,661 12/01/2013 374,815 2.25%25,846 400,661 12/01/2014 383,239 2.25%17,421 400,661 12/01/2015 391,853 2.25%8,807 400,661 Total 1,875,000 2.25% 128,303 2,003,303 Year Principal Rate Interest Savings Total Savings 2011         (18,517) 2.75%            54,930               36,412  2012         (11,575) 2.85%            45,988               34,412  2013                185 2.95%            36,122               36,307  2014           11,761 3.00%            25,047               36,807  2015           18,147 3.05%            12,923               31,069  Total 357,501$ 2.92% 175,009$ 175,009$ Current Bond debt service PROPOSED Interfund Loan Savings by Fiscal Year KLR: C:\Documents and Settings\MRoy.RENTON\Desktop\Amortization schedule attachment - DRAFT.xls 09/27/20106g. ‐ Finance and Information Technology Department requests approval  to retire the remaining Golf Revenue Refunding Bonds, Series 1999, and Page 121 of 469 6g. ‐ Finance and Information Technology Department requests approval  to retire the remaining Golf Revenue Refunding Bonds, Series 1999, and Page 122 of 469 6g. ‐ Finance and Information Technology Department requests approval  to retire the remaining Golf Revenue Refunding Bonds, Series 1999, and Page 123 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Adoption of 2010 - 2012 Union Contracts Meeting: Regular Council - 04 Oct 2010 Exhibits: Issue Paper Finance Committee Report AFSCME 2010-2012 Contract Firefighters 2010-2012 Contract Battalion Chief/Safety Officer 2010-2012 Contract Police Non-Commissioned 2010-2012 Contract Submitting Data: Dept/Div/Board: Human Resources Staff Contact: Janelle Tarasewicz, HR Analyst Recommended Action: Refer to Finance Committee. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ See analysis on Issue Paper City Share Total Project: $ SUMMARY OF ACTION: The four collective bargaining agreements listed above all expired on December 31, 2009. During the months of May, June and July 2009, the parties met in accordance with RCW 41.56 for the purpose of negotiating a single item: the cost of medical/dental/vision benefits. The City and the Unions reached agreement regarding those benefits, contingent on approval of an overall contract. The agreement changes the premium from a flat amount to a percentage of the overall cost of the plan, with the percentage the employee pays increasing over time. The unions did not present the City with a demand to bargain the remainder of the contracts until late in 2009. The negotiations commenced in January and February. Minimal changes were made to the agreements. Each bargaining unit voted to approve their respective contracts. All four unions will receive the same cost of living increases: 0% in 2010, 1% in 2011 and 2.5% in 2012. The total cost of compensation for the calendar year 2010 is actually -0.23%. This reduction is due to a very minimal change in insurance premiums as well as a reduction in PERS costs for the year. The Renton Police Officers' Guild, which represents the commissioned officers in the Renton Police Department, rejected their agreement (which included the same benefit package and cost of living increases listed above), and has yet to schedule a meeting to discuss next steps. STAFF RECOMMENDATION: Adopt the collective bargaining agreements covering a three year period from January 1, 2010 to December 31, 2012, with AFSCME, Local 2170; IAFF Local 864 Firefighters and Battalion Chief; and the Renton Police Officers Guild, Non-Commissioned personnel. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 124 of 469 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 125 of 469 HUMAN RESOURCES AND RISK MANAGEMENT DATE:September 27, 2010 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Nancy A. Carlson, HRRM Administrator STAFF CONTACT:Nancy A. Carlson, HRRM Administrator Janelle Tarasewicz, HR Analyst SUBJECT: 2010 – 2012 Collective Bargaining Agreements ISSUE Should the Renton City Council adopt collective bargaining agreements covering a three-year period from January 1, 2010, to December 31, 2012, with AFSCME, Local 2170; IAFF Local 864 Firefighters and Battalion Chiefs; and the Renton Police Officers’ Guild, Non-Commissioned personnel? RECOMMENDATION Adopt the collective bargaining agreements covering a three-year period from January 1, 2010, to December 31, 2012, with AFSCME, Local 2170; IAFF Local 864 Firefighters and Battalion Chiefs; and the Renton Police Officers’ Guild, Non-Commissioned personnel. BACKGROUND 2009 Insurance Negotiations The four collective bargaining agreements listed above all expired on December 31, 2009. During the months of May, June and July 2009, the parties had met in accordance with RCW 41.56 for the purpose of negotiating a single item: the cost of medical/dental/vision benefits. In previous agreements, the City had agreed to pick up the first 7% - 10% of the increased cost over the previous year. If the actual cost exceeded the 7% to 10%, the parties would split the amount above the agreed-upon percentage, 50/50. Since 2004 the employees have been paying a premium of $46.00 for their insurance coverage, for both the employee and his/her family (with some modification in the way police split their premium). During the 2009 insurance negotiations, the City proposed a modification to the formula for 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 126 of 469 Issue Paper: 2010-2012 Collective Bargaining Agreements 9/27/2010 p. 2 setting both the employer and the employee premium. This modification will change the premium from a flat amount to a percentage of the overall cost of the plan. The parties have tentatively agreed to the following formula: Year Employee Percentage City Percentage 2010 4%96% 2011 4%96% 2012 5%95% 2013 6%94% 2014 7%93% 2015 8%92% Contract Negotiation The unions did not present the City with a demand to bargain the remainder of the contracts until late in 2009. The negotiations commenced in January and February. Minimal changes were made to the agreements. AFSCME increased the shift differential from $.70 to $1.00, and increased stand–by from $2.00 to $2.25. IAFF Firefighters: A bank of $10,000 will back-fill when union officials go to union-sponsored meetings or conferences. POLICE GUILD: Non-Commissioned changed the FTO premium from a case-by-case premium to an annual payment. FISCAL IMPACT All unions received the same cost of living increases: 0% in 2010, 1% in 2011 and 2.5% in 2012. The total cost of compensation for the calendar year 2010 is actually -0.23%. This reduction is due to a very minimal change in insurance premiums as well as a reduction in PERS costs for the year. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 127 of 469 A G R E E M E N T By and Between C I T Y O F R E N T O N and L O C A L 2 1 70, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO January 1, 2009 2010 – December 31, 20092012 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 128 of 469 Local 2170 Contract 20092010 – 2012 2 TABLE OF CONTENTS Section F. Reclassification Reviews 9 Section B. Work Day 11 Section C. Work Schedules 11 Section B. Call-back Pay 14 Section C. Extended Overtime 14 Section D. Shift Differential 14 Section E. Standby 15 Section F. Uniform Allowance 16 Section G. Acting Pay 16 Section H. Effective Date 16 ARTICLE 5 - SICK LEAVE 16 Section A. Accrual 16 Section B. Sick Leave Cash Out 17 Section C. Long Term Disability Plan 17 Section D. Notification Requirements 17 Section E. Abuse of Sick Leave 19 ARTICLE 6 - HOLIDAYS 19 Section A. Observed Holidays 19 Section B. Holiday Pay 19 Section C. Holidays Falling on Weekends 21 Section D. Regular Part-time 21 Section E. Personal Holiday Use/Cash Out 21 ARTICLE 7 - VACATIONS 22 Section A. Accrual Rate 22 Section B. Maximum Vacation Accumulation 22 Section C. Vacation Requests 22 ARTICLE 8 - BEREAVEMENT LEAVE 22 ARTICLE 9 - INSURANCES 23 Section A. Health Insurance 23 Section B. Life Insurance 25 Section C. Federal/State Healthcare Options 26 Section D. COBRA 26 ARTICLE 10 - JURY DUTY 28 ARTICLE 11 - EDUCATION AND CONFERENCE 29 Section A. Time Off and Financial Reimbursement 29 Section B. Valid Business Expenses 29 Section C. Access to Training 29 ARTICLE 12 - SALARIES 30 Section A. Salaries 30 Section B. Step Increases 30 Section C. Voluntary Leave Without Pay 30 ARTICLE 13 - LONGEVITY 30 Section A. Longevity Pay Calculation 30 Section B. Longevity Pay Date 326h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 129 of 469 Local 2170 Contract 20092010 – 2012 3 ARTICLE 14 - DEFERRED COMPENSATION 32 ARTICLE 15 - PAY PERIOD 32 ARTICLE 16 - MANAGEMENT RIGHTS 32 ARTICLE 17 - UNION ACTIVITIES 32 Section A. Paid Release Time 33 Section B. Facility Access 33 Section C. Union Communication 33 Section D. Training Time 33 Section E. Negotiations 33 ARTICLE 18 - LABOR/MANAGEMENT COMMITTEE 34 ARTICLE 19 - WORK STOPPAGES AND EMPLOYER PROTECTION 34 Section A. Uninterrupted City Services 34 Section B. Work Stoppage 34 Section C. Disciplinary Action for Work Stoppage 34 ARTICLE 20 - NON-DISCRIMINATION 36 ARTICLE 21 - EMPLOYMENT PRACTICES 36 Section A. Seniority 36 Section B. Posting of Vacancies 36 Section C. Selection Process 36 Section D. Eligibility Lists 36 Section E. Promotional Opportunities 37 Section F. Lay-Off and Recall 37 Section G. Demotion 38 ARTICLE 22 - PROBATIONARY PERIOD 40 Section A. 12-Month Probationary Period 40 Section B. 6-Month Probationary Period 40 ARTICLE 23 - GRIEVANCE PROCEDURE 40 Section A. Definition 40 Section B. Grievance Process 40 Section C. Employer Grievance 42 Section D. Grievance Documentation 43 Section E. Grievance Timelines 43 ARTICLE 24 - HEALTH, SAFETY AND PRODUCTIVITY 43 Section A. Quality and Safety of Work 43 Section B. Working Conditions 43 Section C. Rain Gear 44 Section D. Custodial Services 44 Section E. Safety Shoes 44 ARTICLE 25 - SAVINGS CLAUSE 44 ARTICLE 26 - ENTIRE AGREEMENT 46 ARTICLE 27 - PRIORITY OF FEDERAL, STATE AND CITY LAWS 46 ARTICLE 28 - VOLUNTEERS 49 ARTICLE 29 - DISCIPLINE 49 ARTICLE 30 - LEAVE DONATION 49 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 130 of 469 Local 2170 Contract 20092010 – 2012 4 ARTICLE 31 - DURATION OF AGREEMENT 53 ARTICLE 31 - DURATION OF AGREEMENT 53 APPENDIX A – AFSCME CLASSIFICATIONS 58 APPENDIX B – SALARY INDEX for 2010 61 APPENDIX C – SALARY INDEX for 2011 65 APPENDIX D – SALARY INDEX for 2012 70 APPENDIX E – INDEX 74 788899910121212121313131313141415171717191920212121222222232325 252526272727282828282929303232333333343434353535353636363737373 838383939393940404141414242424243434446484848484849505151515152 525252535454565657576062657889999101011121212121313131313131415 161616181818192020202021212123232324252525262626272727283030303 435353535363636363737383838383939394040404141414242444444444445 464648515151515151535454545454555555555757606060667477566777799 991010101010111112131313151515161616171717181819191920212121222 323262727272728282929293032323434343434353536383939424344444545 4647474952 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 131 of 469 Local 2170 Contract 20092010 – 2012 5 TABLE OF CONTENTS PAGE Preamble 4 Article 1 Recognition and Bargaining Unit 4 Article 2 Union Membership and Dues Deduction 5 Article 3 Hours of Work 6 Article 4 Overtime 7 Article 5 Sick Leave 9 Article 6 Holidays 10 Article 7 Vacations 11 Article 8 Bereavement Leave 12 Article 9 Insurances 12 Article 10 Jury Duty 14 Article 11 Education and Conference 14 Article 12 Salaries 14 Article 13 Longevity 14 Article 14 Deferred Compensation 15 Article 15 Pay Period 15 Article 16 Management Rights 15 Article 17 Union Activities 15 Article 18 Labor/Management Committee 16 Article 19 Work Stoppages and Employer Protection 16 Article 20 Non-Discrimination 17 Article 21 Employment Practices 17 Article 22 Probationary Period 20 Article 23 Grievance Procedure 20 Article 24 Health, Safety and Productivity 21 Article 25 Savings Clause 22 Article 26 Entire Agreement 22 Article 27 Priority of Federal, State and City Laws 22 Article 28 Volunteers 23 Article 29 Discipline .23 Article 30 Leave Donation 23 Article 31 Duration 27 Appendix A Classifications Represented By 2170 29 Appendix B Classification Pay Ranges for 2170.31 Appendix C Request to Receive Donated Leave 35 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 132 of 469 Local 2170 Contract 20092010 – 2012 6 Appendix D Request to Donate Vacation/Personal Holiday/Comp Time 37 Appendix E Request for Donation of Leave Hours 38 Appendix F Approval to Receive Donated Leave 39 Appendix G Denial of Donated Leave 40 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 133 of 469 Local 2170 Contract 20092010 – 2012 7 PREAMBLE This Agreement is between the City of Renton (hereinafter called the Employer) and Local 2170, Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the Employer recognizes the Union as the exclusive collective bargaining representative. The Employer and the Union shall cooperate to provide the public with efficient, cost-effective, and courteous delivery of public services, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. The parties will work together to address and adapt to the inevitable issues of change, to devise varying methods and work procedures adapted to the changing circumstances of their particular areas of responsibilities. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 134 of 469 Local 2170 Contract 20092010 – 2012 8 ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. Union Recognized Pursuant to RCW 41.56.060 the Employer hereby recognizes the Union as the exclusive bargaining representative for all probationary and regular Renton City employees in those classifications listed in Appendix A. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing and those who are not members on the execution date of this Agreement, on or before the thirtieth day following the execution date of this Agreement, shall become and remain members in good standing in the Union. It also shall be a condition of employment that all employees covered by this Agreement and hired on or after its execution date, on the thirtieth day following the beginning of such employment, shall become and remain members in good standing in the Union. The Employer and the Union agree that the right of non-association of employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times and such public employees shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". Section B. Excluded Positions The Union recognizes the following positions as being excluded from the represented classes listed in Appendix A. 1.All positions in the Human Resources & Risk Management Department. 2.All clerical or secretarial positions designated as "confidential" in each department. Only one "confidential" designation will be allowed in each department. Section C. New Positions Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City will create the classification. The salary for any new classification within the bargaining unit shall be subject to negotiations. The Union shall be notified of any newly created positions in the City, which are not recognized by other bargaining units, including the City’s initial determination regarding bargaining unit status. In the event a new department, division, or position is created or any existing department, division, or position is reconstructed during the term of this Agreement, and a question arises as to Disagreements regarding the appropriateness of their inclusion or exclusion in or from the bargaining unit will be, the matter will be referred to the Public Employment Relations Commission for resolution. Until the issue is resolved, the employee shall remain a member of the bargaining unit. Agreement to allow an employee to remain in the bargaining unit during the period of consideration by the Commission shall not be prejudicial nor have any bearing on consideration of this matter by the Public Employment Relations Commission. The Union shall be notified of any newly created positions in the City, which are not recognized by other bargaining units, including the City’s initial determination regarding bargaining unit status. (Management agrees that it will not file a petition with PERC to remove supervisors from the existing bargaining unit during the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 135 of 469 Local 2170 Contract 20092010 – 2012 9 term of this agreement.) Section D. Executive Board Meetings The Union will provide a calendar of all regularly scheduled Executive Board meetings for the next calendar year in December of the preceding year to the Human Resources & Risk Management Administrator. Section E. Job Classification Changes Changes to existing position classifications and position descriptions shall be forwarded to the Union president and secretary ten (10) working days prior to the next regularly scheduled Executive Board meeting. The Union shall respond to the changes, in writing within five (5) working days of the meeting, unless an extension is mutually agreed upon. Section F. Reclassification Reviews An employee may request a position review for proper classification placement when the employee believes that there has been significant change in duties and responsibilities of the position. Reclassification reviews will be done in accordance with City Policy #320-05 (Request for Reclassification), as established July 7, 2009, to the extent that such does not conflict with the agreement. A Position Description Questionnaire (PDQ) form must be fully completed and requires review byThe request for review shall first go to the employee’s supervisor, the Division Director and the Department Administrator for review and comment. The deadline for submittal of the PDQ to the employee’s supervisor is June 1. The Department shall forward the request to the Human Resources Department within 30 days of the initial request. If the Department does not forward the request within 30 days, the employee may submit the request directly to the Human Resources Department to ensure the submission deadline is met. The Human Resources Department will notify the employee within 14 working days of the disposition receipt of the request. Requests submitted to Human Resources by the August 1 deadline and subsequently approved shall be included in the following year’s budget. Those approved by the City Council shall have an effective date of January 1 of that budget year. Any delays in implementation shall not affect the implementation date and all pay shall be retroactive to the appropriate implementation date. Any appeals will be reviewed by the Human Resources and Risk Management Administrator for a final decision. Human Resources will meet with the Union regarding salary placement of any revised position(s). Once a request to reclassify a position has been submitted and reviewed, no further consideration will be given to reclassifying the position for a twenty-four (24) month period following review. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 136 of 469 Local 2170 Contract 20092010 – 2012 10 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. Payroll Deduction The Employer agrees to deduct from the paycheck of each employee, who has so authorized it, the regular monthly dues uniformly required of members of the Union. The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. Section B. PAC Program The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The City will allow AFSCME, Local 2170 the option to have funds deducted from member’s paychecks twelve (12) times annually to allow contributions to the AFSCME PAC program. The City will send a check once a month to Washington State Council of County and City Employees, AFSCME Council 2. The Employer agrees to remit any deductions made pursuant to this provision to the Union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. Section B.C. Hold Harmless Agreement The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any actions by the Employer in administering recognition, union membership and dues deduction. Section C.D. Refunds The Union agrees to refund to the Employer any amounts paid to it in error on account of the checkoff provision upon presentation of proper evidence thereof. Section D.E. New Employees The Employer will furnish to the Local Union Treasurer the names of all new employees in the bargaining unit as specified in Article 1, Section A, within five (5) working days of hire. The Union will provide the Employer with notification of satisfaction of the affiliation provisions as described in Article 1, Section A, of this Agreement. Section E.F. Union Officer List 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 137 of 469 Local 2170 Contract 20092010 – 2012 11 The Union agrees to furnish the Employer with a list of Union Officers and Shop Stewards and to maintain such list in a current status. ARTICLE 3 - HOURS OF WORK Section A. Work Week The work week shall consist of seven (7) days beginning immediately after 12:00 midnight on Saturday and ending at 12:00 midnight the following Saturday. The regular work week shall consist of forty (40) hours, exclusive of lunch, within the work week. Exceptions to this shall be alternative work schedules, and work weeks which, when utilized, shall be reduced to writing and signed off by the Employer, employee and the Union. The City or the employee may discontinue alternative/flex work schedules and work weeks in accordance with Article 3, Section C-3. Discontinuation of alternative/flex work schedules shall not require the approval of the Union. Section B. Work Day A regular work day shall consist of not more than ten (10) hours, exclusive of lunch, unless otherwise provided for through an agreed upon alternative work schedule. Section C. Work Schedules 1.Normal Work Week - The normal work week shall be five (5) consecutive days of not more than eight (8) hours per day, Monday through Friday, exclusive of the lunch period, except where the work day or work week is different and accepted as a condition of employment or mutually agreed upon in writing between the Union, employee and the Employer. 2.Flextime and Alternative Work Schedules - Employees may work flex-time or alternative work schedules, with prior supervisory approval. Flexible work schedules shall be mutually agreed upon between the Employer and the employee. All flex-time and alternative work schedules shall be reduced to writing and signed off by the Employer, employee and the Union. Flex-time schedules, by example only, shall be schedules that provide for daily or weekly adjustable work hours. Alternative work schedules, by example only, shall be schedules that allow for schedules other than 5 consecutive days (Monday through Friday) of 8 hours work. 3.Schedule Changes - Work schedule changes may be initiated by the Employer or the employee. When schedule changes of thirty (30) days or more are initiated by the Employer, employees will receive written notice of the change thirty (30) calendar days prior to the effective date of the change. Except in emergency situations and situations that are unforeseen or unanticipated, employees will receive written notice a minimum of two working days before all other schedule changes initiated by the Employer. If written notice is not received as outlined herein the employee shall receive pay at one and one-half (1 1/2) times their normal hourly rate for the first shift worked on the new schedule. The City will not manipulate work schedules for the sole purpose of avoiding the payment of overtime. Work schedule changes initiated by the employee may take place immediately with the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 138 of 469 Local 2170 Contract 20092010 – 2012 12 concurrence of the supervisor, provided that the change does not create an undue hardship in the department or disservice to the public. 4.Consecutive Hours Worked - Employees shall not work more than sixteen (16) consecutive hours during any consecutive twenty-four (24) hour period. Section D. Meal and Rest Periods 1.Meal Period - There shall be an unpaid meal period of not less than one-half (1/2) hour nor more than one (1) hour during the regular workday. If an employee is required to work two (2) or more hours beyond his or her regular work day the employee shall be entitled to an additional paid meal period of one-half (1/2) hour. For each additional four (4) hour overtime increment beyond the two (2) hours, the employee shall receive an additional meal period of one-half (1/2) hour. If the employerEmployer furnishes meals, the employee shall eat them on his or her own time. Whenever possible the meal period shall be scheduled near the middle of the workday. 2.Rest Period - Except in emergency situations, there shall be one fifteen (15) minute rest period during each half four (4) hour period of the workday whenever feasible. Emergency situations are defined as situations where injury to persons, loss of life and/or serious public or private property damage are possible. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 139 of 469 Local 2170 Contract 20092010 – 2012 13 Section E. Clean-Up Time Employees whose work requires personal clean-up prior to leaving the Employer's premises or job site shall be allowed necessary time for doing so prior to meal breaks, but not to exceed five (5) minutes, and the end of the shift, but not to exceed ten (10) minutes. Work schedules shall be arranged so employees may take advantage of this provision where it is applicable. ARTICLE 4 - OVERTIME Section A. Overtime 1.Employer’s Role Allocation of Overtime- The Employer shall determine when and by whom overtime will be worked. Whenever feasible, the Employer will request volunteers from among the employees with the requisite skills to perform the work, before requiring employees to work overtime. Overtime opportunities will be allocated as equally as possible among employees within a work unit. 2.Overtime Rate - Except as otherwise provided in this Article, all hours worked in excess of the employee’s scheduled workday, when worked upon the direction or approval of the employee’s supervisor, shall be paid at the rate of one and one-half (1 1/2) times the employee’s straight-time hourly rate or compensated by granting one and one-half (1 1/2) times the number of excess hours worked as compensatory time. Overtime shall be based on compensated hours and in accordance with FLSA regulations. The employee shall make his or her choice (overtime pay or compensatory time) known to his or her supervisor not later than the end of the work week in which the work was performed. 3.Compensatory Time - Compensatory time off, when granted, shall be at a time convenient to the employee and consistent with the operating needs of the Employer. Compensatory time off shall be taken under this Article as required by the Fair Labor Standards Act, if such continues to be applicable to local government employees. Compensatory time banks shall not exceed 80 hours. Each Department Administrator will determine the percentage of compensatory time cash out, if any, to be applied uniformly department-wide. In December of each year, employees shall be cashed out for all compensatory time over forty (40) hours. Employees shall be allowed, but not required, to cash out compensatory time in addition to the above forty (40) hours. Employees with forty (40) hours or less shall be allowed to carry over the time into the following year or, at their choice, cash out any portion of their compensatory time. This cash out shall be paid on the final paycheck of the year. and communicated to the employees by November 15th. 4.Computing Overtime - In computing overtime, theThe nearest one-quarter (1/4) hour shall be used in computing overtime. 5.Meeting Attendance Outside of Normal Work Schedule – With supervisory approval, each employee that is required to attend a meeting on their normally scheduled workday before or after their regularly scheduled shift shall be allowed to modify their schedule during the work week of the meeting so that the work week does not exceed their regularly scheduled 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 140 of 469 Local 2170 Contract 20092010 – 2012 14 hours. This Section does not prohibit employees that modify their time, as above, from receiving overtime as otherwise provided in this Article for hours worked outside of their normally scheduled work day that fall on non-modified days. 6. 7.Extended Overtime (6th and 7th Day) - Employees required to work on a sixth consecutive day shall be paid at the rate of time and one-half (1 ½). Employees required to work on a seventh consecutive day shall be paid at two (2) times their regular rate of pay. There is no eighth, ninth or tenth day. Holiday, vacation, sick leave and comp-time do not count as paid work when determining the seven consecutive days. The employee will receive compensation at the rate of one and one-half (1 ½) for time worked on one day when he/she has worked six consecutive days. The employee will receive compensation at the rate of double time (2X) for time worked one day when he/she has worked seven consecutive days if the work is required. Section B. Call-back Pay Call-back shall be defined as all time worked in excess of a scheduled shift, which is not an extension of that shift, and is unanticipated, unforeseen, and not a regular function of the employee's work schedule. “Unanticipated, unforeseen” shall include, but not be limited to, work that is performed where the employee has been notified after the conclusion of their regular work day and the work is performed prior to the start of their next regular work day. Employees called back to work shall be paid a minimum of two hours at the rate of two times (2x) their regular rate of pay. Recreation staff involved in conducting scheduled recreation programs/events shall be excluded from this provision. Employees who must attend regularly scheduled meetings after their normal work hours shall be paid a one (1) hour minimum at the time and one-half (1 ½) rate. Section C. Extended Overtime Employees required to work four (4) or more hours beyond the end of their scheduled workshift shall be paid at two times (2x) their regular rate of pay for all time worked beyond the first four hours of overtime. Section D. Shift Differential A shift differential of $0.70$1.00 shall be paid for all hours worked by an employee when fifty percent (50%) of his or her regular workday is between 12:00 midnight and 8:00 a.m. When such shift is requested by the employee and approved by the Employer, this provision shall not apply. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 141 of 469 Local 2170 Contract 20092010 – 2012 15 Section E. Standby The Employer reserves the right to establish a standby program. Based on service needs, each department may establish a roster of qualified personnel who would be available for callback during an emergency situation. Personnel identified as on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments. Employees on standby shall receive $2.00 $2.25 per hour for hours spent in standby status. Standby allowance shall be suspended upon callback and the provisions of Section B of this Article shall prevail. Standby periods shall be determined by the Employer. Qualified personnel shall be determined by the Employer and assigned by seniority on a rotational basis. Every effort will be made to establish the roster on a volunteer basis. If insufficient volunteers exist, placement on the roster shall be mandatory. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 142 of 469 Local 2170 Contract 20092010 – 2012 16 Section F. Uniform Allowance Employees in the Fire Inspector and Hazardous Material Specialist classifications shall receive a uniform allowance of $200 $300 per annum. In lieu of this allowance and at the Employer’s option, a quartermaster system may be instituted. Under this program the employer would purchase and maintain, including cleaning, any equipment or clothing required by the employer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Section G. Acting Pay When an employee is asked to assume the duties of a position at a higher salary grade on a temporary basis, the employee shall receive a premium equal to five percent (5%) of their base salary, provided the temporary promotion will extend for at least thirty (30) calendar days. Section H. Effective Date All economic issues in Article 4 will take effect upon the first full pay period following the ratification vote of the contract by the members and approval by City Councilsel. ARTICLE 5 - SICK LEAVE Section A. Accrual Sick leave is available for medical leave when an employee is absent as a result of personal illness or injury; for family leave to care for the employee’s dependent, child, parent, or spouse, domestic partner or a domestic partner’s child when medically necessary; or to provide medical care or supervision for the employee’s child, or a domestic partner’s child, under age 18, as provided by WAC 296-130, or any qualified FMLA covered reason. 1.Upon employment, new full time employees shall receive twenty-four (24) hours sick leave. At the end of the first three months of full time employment an additional twenty-four (24) hours sick leave shall be granted. At the completion of six full months of employment, employees shall accrue sick leave at the rate of eight (8) hours per month. Employees who resign or are terminated prior to completing six full months of employment shall reimburse the Employer for any used but unearned sick leave. 2.Sick leave accrual shall be prorated based on the employee’s regularly scheduled weekly hours of work, divided by 40. 3.Employees shall be allowed to use sick leave in increments of fifteen (15) minutes. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 143 of 469 Local 2170 Contract 20092010 – 2012 17 Section B. Sick Leave Cash Out For employees hired before January 1, 1994, cCash payment of accrued, unused sick leave shall be made upon a PERS I employee's resignation, retirement, discharge (unless discharge is a result of the employee's conviction of any criminal statutes relating to or connected with his/her employment), or death. Such payment shall be limited to 50% of accumulated but unused sick leave, to a maximum of 960 hours. In the event of death, payment shall be made to the estate of the employee. Employees hired on or after January 1, 1994, shall not be eligible for cashout of any accrued but unused sick leave. Section C. Long Term Disability Plan All employees will be enrolled in an Employer-sponsored long-term disability plan with a benefit equal to 60% of base salary after a maximum waiting period of 90 calendar days or exhaustion of sick leave -- whichever is longer. The Employer will pay the premiums necessary to fund the benefits of the plan. Section D. Notification Requirements 1.Sick leave may be taken in lieu of vacation time whenever an employee is on vacation and becomes sick or hospitalized. A doctor's certificate of the illness must be furnished by the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 144 of 469 Local 2170 Contract 20092010 – 2012 18 employee in a timely manner to substantiate such sickness or disability. This exchange will not alter the employee's scheduled vacation except by mutual agreement with the Employer. 2.The Employer may require a signed statement from the employee's doctor for absences of three (3) days or longer or if the City reasonably suspects sick leave abuse. 3.An employee who will be out on sick leave must notify his or her immediate supervisor or other designated person of the absence prior to the start of said leave, or as soon as possible. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 145 of 469 Local 2170 Contract 20092010 – 2012 19 Section E. Abuse of Sick Leave Use of sick leave is restricted to the purposes set forth in Section A of this Article. Employees found to be abusing sick leave privileges shall be subject to disciplinary action, pursuant to Article 16, Section C. ARTICLE 6 - HOLIDAYS Employees shall receive holidays in accord with the following: Section A. Observed Holidays The following days shall be observed as legal holidays: 1.January 1 (New Year's Day) 2.Third Monday in January (Martin Luther King, Jr. Day) 3.Last Monday in May (Memorial Day) 4.July 4 (Independence Day) 5.1st Monday in September (Labor Day) 6.November 11 (Veterans' Day) 7.4th Thursday in November (Thanksgiving) 8.4th Friday in November (day after Thanksgiving) 9.December 25 (Christmas Day) 10.The day before Christmas shall be a holiday for employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas day occurs on a Monday, Wednesday or Thursday. When Christmas day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 11.Two personal holidays of employee's choice. (To be eligible for a personal holiday, an employee must have been employed for at least six continuous months.) Personal holiday may be used in 15 minute increments. 12.Any other day proclaimed by the Governor for all political subdivisions of the State; or by the Mayor of the City. Section B. Holiday Pay Working on Holidays - Employees scheduled to work in the three (3) situations listed belowon a holiday shall receive one and one-half (1 1/2) times their regular rate of pay for all hours worked on the holiday and, in lieu of the holiday, the employee shall be permitted to: 1) schedule an additional alternate day off within the same calendar year (up to eight (8) 8 hours) with prior approval from his or her supervisor which does not cause significant operational disruption for the department; or 2) receive up to eight (8) hours holiday pay for that holiday worked. The decision to grant holiday pay or a compensatory day off shall be determined in advance. Holiday situations are as follows: For employees working on an observed holiday, the observed holiday shall be considered the holiday. For employees working on an actual holiday but not the observed holiday, the actual holiday shall be considered the holiday. For employees working on both the actual holiday and the observed holiday, only the actual holiday shall be considered a holiday. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 146 of 469 Local 2170 Contract 20092010 – 2012 20 Holidays Falling on Scheduled Day Off – Whenever the actual holiday or the observed holiday falls on an employee’s regularly scheduled day off, the employee shall be granted another day off with pay within the same year. If both the actual holiday and the observed holiday occur on regularly scheduled days off the employee shall be granted only one day off with pay. * Unused holidays granted under this provision shall have no cash value. 1.* This provision of Section B.2 shall take effect on January 1, 2011. 3. Section C. Employees scheduled in advance to work on a holiday shall be scheduled for a minimum of four (4) hours. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 147 of 469 Local 2170 Contract 20092010 – 2012 21 Section D.C. Holidays Falling on Weekends When a holiday falls on a Saturday, the preceding Friday shall be observed as the Holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. For employees regularly scheduled Saturday and/or Sunday, holidays shall be observed on the actual holidays. If an employee is scheduled to work on both an observed holiday and the actual holiday, they will be compensated as described in Section B of this Article. Section E.D. Regular Part-time All regular part-time employees subject to the provisions of this Agreement shall receive holiday leave at a pro-rated amount based on the number of hours scheduled in their work week divided by forty (40) hours. Section E. Personal Holiday Use/Cash Out Personal Hholiday hours may be used in 15 minute increments. Personal Holiday hours not used by the employee by the end of the year (November/December) may be sold back to the City at the employee’s regular hourly rate. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 148 of 469 Local 2170 Contract 20092010 – 2012 22 Section F. Holiday Leave Bank Employees working a schedule other than five (5) consecutive days of eight (8) hours each shall have any holiday (as defined in Section A) falling on a regularly scheduled day off, converted to Personal Holiday hours. These Personal Holiday hours shall then be available for use (or to be sold back to the City) just as normal Personal Holiday hours. Personal Holiday hours not used by the employee by the end of the year (November/December) may be sold back to the City at the employee’s regular hourly rate. ARTICLE 7 - VACATIONS Section A. Accrual Rate The following vacation benefits shall be provided: Length of Service Days/Year Accrual Hours/Year 0 through 5 years 12 96 6 through 10 years 18 144 11 through 15 years 21 168 16 through 20 years 24 192 21 and subsequent years 27 216 Regular part-time employees subject to the provisions of this Agreement shall be provided vacation benefits at a pro-rated amount based on the number of hours scheduled in their workweek divided by forty (40) hours. Section B. Maximum Vacation Accumulation Employees may use accrued vacation leave in increments of 15 minutes. The maximum accumulation of vacation time for an employee shall not exceed twice the current annual accrual limit as provided in above Section A. Section C. Vacation Requests Requests for vacation leave are subject to supervisory approval. Except in emergency situations, requests for vacation leave shall be submitted in writing, at least the work day prior to the requested time off. Vacation requests shall be responded to within one week unless submitted less than two weeks in advance. For vacation requests submitted less than two weeks in advance, a response within one working day after receipt is required. ARTICLE 8 - BEREAVEMENT LEAVE Up to three days with pay shall be allowed employees covered hereunder for bereavement for each instance of a death of the employee's mother, father, legal guardian, spouse/domestic partner, child, step child, child of a domestic partner, mother-in-law, father-in-law, sister, brother, brother-in-law, sister-in-law, grandchild, or grandparents. The number of hours of bereavement leave allowed 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 149 of 469 Local 2170 Contract 20092010 – 2012 23 regular part-time employees covered by this Agreement shall be adjusted to reflect the number of scheduled hours in their workweek. All requests for extended bereavement leave shall be approved by the Ddepartment head Administrator in advance. ARTICLE 9 - INSURANCES Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employee’s Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co-pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. Section A. Health Insurance 1. Participation - The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Firefighters – 864; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 150 of 469 Local 2170 Contract 20092010 – 2012 24 Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 2. Plan Coverage - The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 3. Premiums - For the calendar years 2010 through calendar year 2015 the total cost of the plan shall be divided as follows: YEAR CITY EMPLOYEES 2010 96%4% 2011 96%4% 2012 95%5% 2013 94%6% 2014 93%7% 2015 92%8% Employee premiums will be based upon the following categories: • Employee • Employee/1 • Employee/2+ • Employee/Spouse or Domestic Partner • Employee/Spouse or Domestic Partner/1 • Employee/Spouse or Domestic Partner/2+ 4. Projected Costs - In August of each year the REHBT will meet to review the actual costs of the Plan from August 1st of the previous year through July 31st of the current year. The actual cost together with any projected increase to the REHP shall be used by the REHBT to determine the total premium cost for the following year. 5. Group Health Coverage - Bargaining unit members that chose to be covered by Group Health insurance will be required to pay the premium 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 151 of 469 Local 2170 Contract 20092010 – 2012 25 equivalent to the self funded plan, plus any additional premium amount charged by Group Health that exceeds the amount required by the City’s self funded plan. 6. Renton Employees’ Healthcare Board of Trustees - The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT, and the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME - 2170; Firefighters -864; Police Guild; and the City for a total of four (4) votes. 7. Plan Changes - The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 8. Voting - Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 9. Surplus - Any surplus in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. Section B. Life Insurance The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary plus longevity, rounded to the nearest $1,000 including double indemnity and limited to a maximum benefit of $50,000. The Employer shall furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 152 of 469 Local 2170 Contract 20092010 – 2012 26 Section C. Federal/State Healthcare Options In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. Section D. COBRA When an employee or dependent’s health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA). Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees. REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Section A. Health Insurance 1.Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. AFSCME Local 2170 agrees to continue participation in the REHBT and to identify and support cost containment measures. 2.The City will provide a medical/dental insurance plan for bargaining unit members and their eligible dependents. The REHP includes medical, dental including orthodontia, prescription drugs and vision coverage. The REHP requires twenty-five dollar ($25) co-pays for specified medical services, ten dollar/twenty dollar/forty dollar ($10/$20/$40) co-insurance for specified prescription drugs and other benefits as outlined in the REHP document. The City and Union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the AFSCME Local 2170, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the REHP. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 153 of 469 Local 2170 Contract 20092010 – 2012 27 The City will provide a 100% City paid (except for the existing $46.00 per month employee contribution) self-funded plan through December 31, 2009. The City agrees to contribute 108% of the 2008 premium toward funding the 2009 program. Bargaining unit members who currently are covered by Group Health insurance may continue to be covered, however, City paid coverage will be limited to 108% of the previous year’s premium as outlined above for the self-funded plan. New members or current members who change to Group Health will be required to pay the difference between the Group Health premium and the associated premium for similar coverage under the City’s self-funded plan as well as the respective employee contribution. The City and the Union recognize the program costs may exceed an 8.0% annual increase during the term of this agreement. If so, the REHBT will meet and decide what action, if any, is necessary to address program costs. If costs exceed 8.0% and the REHBT cannot agree on program changes to reduce the increase to at least 8.0%, then the Union and the City will each pay fifty percent (50%) of the premium increase above 8.0%. RENTON EMPLOYEES’ HEALTH PLAN BOARD OF TRUSTEES – Includes members of each participating Union. Each union will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. PREMIUM – The self-funded plan is fully paid (including employee contribution of $46.00 per month) in 2009. Increase by up to 8.0% in 2009. Example – Premium equals $100 ($96 from the City and $4 from the employee) in 2008. City would pay up to $108 in 2009. If there is no increase, or less than a 8.0% increase in premium in 2009, the premium for 2009 would still be calculated as if there was a 8.0% increase in 2009. PLAN CHANGES – The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. VOTING – A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City’s agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example – City takes first 8.0%; Cost increases 15.0%; City pays 50% of the additional 7.0% and members pay 50% of the additional 7.0%. SURPLUS – Any surpluses in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 154 of 469 Local 2170 Contract 20092010 – 2012 28 Section B. Life Insurance: 1.Employer-paid term life insurance policy equal to employee's annual base salary plus longevity, to nearest $1,000, including double indemnity and limited to a maximum benefit of $50,000 is provided. 2.Each employee’s spouse shall receive a $1,000 group term life insurance policy. 3.Each employee’s dependent shall receive a $1,000 group term life insurance policy. ARTICLE 10 - JURY DUTY When an employee is called for jury duty or is subpoenaed as a witness in any litigation/administrative hearing process in which the employee is not a party, such time shall be considered as time worked and paid at the appropriate salary level of the employee. Employees shall be required to give reasonable advance notice of such subpoena or other legal requirement to appear and provide the City with a copy of the subpoena or other legal document requiring the employee’s presence. The copy of the subpoena or legal document will be given to the City in advance of the hearing or jury duty or if that is not possible, then the copy must be furnished within 72 hours after the hearing or jury duty date. All monies received as witness or jury fees must be signed over to the City excluding any mileage/expense reimbursements. Employees will be required to call their supervisor when less than a normal workday is required by jury or witness duty. The supervisor shall determine if the employee shall be required to report to work and shall take into consideration the travel time of the employee. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 155 of 469 Local 2170 Contract 20092010 – 2012 29 ARTICLE 11 - EDUCATION AND CONFERENCE Section A. Time Off and Financial Reimbursement Employees will be granted reasonable amounts of time off and financial reimbursement for attending training programs whenever such training is work-related and attendance is required by the Employer. Section B. Valid Business Expenses Employees who conduct authorized, official City business or participate in conferences as official representatives of the Employer while outside the City shall be reimbursed for all valid business expenses. Section C. Access to Training The Employer is committed to the principle of training for all employees. Whenever feasible, training shall be made available for each employee within a classification within a division to prepare them to perform all the job duties associated with that classification. Equal access to training opportunities to the extent that operational requirements permit shall be provided. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 156 of 469 Local 2170 Contract 20092010 – 2012 30 ARTICLE 12 - SALARIES Section A. Salaries Effective January 1, 2009, salaries shall be increased by 5.5%.Effective January 1, 2010, the base wages for all positions represented by the bargaining unit shall be the same as the wages in place in 2009., Effective January 1, 2011, the base wages shall be increased by 1% above the wages in place in 2010. Effective January 1, 2012, the base wages shall be increased by 2.5% above the wages in place in 2011. Section B. Step Increases All anniversary step increases shall begin being paid upon the payday following the anniversary date and thereafter during the life of this Agreement. Section C. Voluntary Leave Without Pay With pre-approval from the Department Administrator and consistent with the operating needs of the department, employees may request a full day off without pay. In order to be eligible for a voluntary leave day, the request must be submitted two weeks (14 days) in advance and the requesting employee must have a minimum of forty (40) hours in their sick leave bank at the time of the request. No more than ten (10) voluntary leave days will be granted in any calendar year. Medical, dental, vision, and any other insured benefits will not be affected by voluntary leave without pay. This Article shall be in effect as a trial period until December 31, 2011. After December 31, 2011, the Employer has the option to continue the voluntary leave without pay consistent with this Article or to return, at any time and with notice to the Union, to the provisions of City Policy #350-09 (Leave of Absence) effective October 15, 2005. ARTICLE 13 - LONGEVITY Section A. Longevity Pay Calculation 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 157 of 469 Local 2170 Contract 20092010 – 2012 31 Employees shall receive monthly longevity pay in accordance with the following scale: Years of Service 5 years 2.0% of the monthly Grade a13, step E 10 years 3.0% of the monthly Grade a13, step E 15 years 4.0% of the monthly Grade a13, step E 20 years 5.0% of the monthly Grade a13, step E 25 years 6.0% of the monthly Grade a13, step E 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 158 of 469 Local 2170 Contract 20092010 – 2012 32 Regular part-time employees covered by this Agreement shall receive a pro-rated amount of this scale based on the number of hours scheduled in their workweek. Section B. Longevity Pay Date Longevity allowances shall begin being paid from the beginning of the payperiod following the anniversary of the employee's original date of hire, unless an adjusted longevity date has been established due to periods of absence, wherein longevity accruals are suspended. ARTICLE 14 - DEFERRED COMPENSATION The Employer shall make a deposit equal to two percent (2%) of each eligible employee’s base wage into a deferred compensation account selected by the employee from the accounts provided by the City, each pay period. ARTICLE 15 - PAY PERIOD Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. All employees will participate in payroll direct deposit. If an employee is leaving on vacation, an early check request authorized by the immediate supervisor may be granted provided the check has been processed and is ready for disbursement. ARTICLE 16 - MANAGEMENT RIGHTS Subject only to the limitations expressly stated in this Agreement, the Union recognizes the prerogative of the Employer to operate and manage its affairs in accord with its responsibilities, powers, and authority, including but not limited to the following: A.The right to establish reasonable work rules. B.The right to schedule overtime in a manner most advantageous to the Employer. C.The right to discipline and/or discharge employees for just cause. D.The right to determine work schedules, to establish the methods and processes by which work is to be performed and the number of employees necessary to perform the work. E.The right to assign work and determine the duties performed by employees in classifications included in the bargaining unit. F.The employer shall retain the right to determine whether layoffs are necessary and in which departments, divisions, and classifications they will occur. Further, it is understood by both parties that every incidental duty connected with operations enumerated in a job description classification is not always specifically described. ARTICLE 17 - UNION ACTIVITIES 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 159 of 469 Local 2170 Contract 20092010 – 2012 33 Section A. Paid Release Time With prior notice, the Employer will grant employees who are Union officials reasonable time off with pay for the purpose of attending scheduled meetings with City officials. In addition, the Shop Steward or alternate Shop Steward and/or one Union official will be granted reasonable time off with pay by the immediate supervisor to investigate grievances. Notwithstanding the above, only two employees per work section shall be released to attend Union meetings during the workday. Section B. Facility Access The designated Staff Representative of the Union shall be allowed access at all reasonable times to all facilities of the Employer wherein the employees covered under this contract may be working. Access shall be granted for the purpose of conducting necessary official local Union business and investigating grievances; provided there is minimal interruption to normal work processes. Section C. Union Communication The Employer shall permit the reasonable use of bulletin boards, e-mail, and interoffice mail by the Union for the posting of notices or communications relating to official Union business. Section D. Training Time Union officials may request reasonable time off with pay to attend training that is beneficial to both labor and management. Approval will be at the discretion of the employee’s Department Administrator or designee for the scheduling of time, the appropriateness of the leave shall be at the discretion of the Human Resources Department. Section E. Negotiations Six (6) members of the Union shall be granted paid release time to participate in negotiations occurring during their normally scheduled work hours. The Union agrees that a bargaining team that is as broadly representative as possible of the various work sites, departments, classifications, and demographics is a goal when selecting the participants for the Union bargaining team. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 160 of 469 Local 2170 Contract 20092010 – 2012 34 ARTICLE 18 - LABOR/MANAGEMENT COMMITTEE The Employer and the Union agree that a need exists for closer cooperation between labor and management, and that from time to time suggestions and complaints of a general nature affecting the Union and the Employer need consideration. To accomplish this end, the Employer and the Union agree that not more than three (3) authorized representatives of the Union shall function as one-half of a Labor/Management Committee; the other half being not more than three (3) representatives of the Employer named for that purpose. The parties agree to allow expanded participation in Labor/Management Committee discussions, when necessary, by mutual agreement. Said committee shall meet as requested by either party for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement. It is understood and agreed that the purpose of this committee does not include the hearing of formal grievances brought under the provisions of Article 23 of this Agreement. ARTICLE 19 - WORK STOPPAGES AND EMPLOYER PROTECTION Section A. Uninterrupted City Services The Employer and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective during the term of this Agreement or any extension mutually agreed upon. Specifically, the Union shall not cause or condone any work stoppage including any strike, slowdown, non-bona fide sick leave absence, refusal to perform any customarily assigned duties, refusal to cross a picket line on City premises (unless same is sanctioned by the King County Labor Council), or other interference with City functions by employees under this Agreement. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the foregoing activities has occurred. Should any such activity occur, the Union agrees to take appropriate action immediately to end such interference. Section B. Work Stoppage Upon notification in writing by the Employer to the Union that any of its members are engaged in a work stoppage, the Union immediately shall order, in writing, such members to cease engaging immediately in such work stoppage and shall provide the Employer with a copy of such order. In addition, a responsible official of the Union shall publicly order such Union employees to cease engaging in such a work stoppage. Section C. Disciplinary Action for Work Stoppage Regardless of any penalty to which the Union is subject under this Ssection, any employee who commits any act prohibited in this section may be subject to the following penalties: 1.Oral reprimand 2.Written reprimand 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 161 of 469 Local 2170 Contract 20092010 – 2012 35 3.Suspension (notice to be given in writing) 4.Discharge It is understood that these penalties are not necessarily sequential. Disciplinary action resulting from violation of this Article will be tailored to the nature and severity of the offense. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 162 of 469 Local 2170 Contract 20092010 – 2012 36 ARTICLE 20 - NON-DISCRIMINATION The Employer and the Union agree that they shall not discriminate against any employee because of race, color, creed, gender, physical sensory, mental disability, sexual orientation, national origin, age, marital status, veteran status, union affiliation, non-affiliation or union activities as sanctioned by this contract. ARTICLE 21 - EMPLOYMENT PRACTICES Section A. Seniority For the purposes of this Article, seniority shall be defined as an employee's length of continuous full-time service with the Employer. Continuous service shall be broken by separation from the Employer's service, except as provided for in Section F of this Article. Section B. Posting of Vacancies Whenever the Employer determines to fill a vacant bargaining unit position the Employer will post the announcement on the City’s website for a period of ten (10) working days and provide the announcement to the Union’s Executive Board. distribute an announcement in advance giving notice of the vacancy to Union Stewards for posting on the Union bulletin board for ten working days. Vacancies may be posted as promotional or competitive. Any City employee may apply for a vacant position. All bargaining unit employees who apply and meet the minimum qualifications shall be tested in accordance with procedures set forth in the job announcementexisting testing processes. 1.Promotional vacancies are not open to outside applicants. 2.Competitive vacancies are open to City employees and outside applicants. Section C. Selection Process 1.Testing Procedure. The filling of vacancies will be done in an objective, fair and impartial manner. The Employer agrees not to pre-select employees. The Employer will determine the testing procedure which may include written, practical and oral examinations. Selection criteria will bear a direct relationship to job performance and constitute bona fide occupational qualifications necessary to properly and efficiently function in the position. All qualified applicants will receive the same test and be informed of the passing point for the exam. 2.Process Review. In the event that a bargaining unit applicant is not selected, that employee may request, and shall be given in writing, his or her broken down score and placement according to test results in writingwithin one week of the request. Section D. Eligibility Lists 1.The names of candidates with passing scores shall be placed on a list in the rank order of their final examination score. The appointing authority shall make a selection from among the top five 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 163 of 469 Local 2170 Contract 20092010 – 2012 37 candidates. In the event there are fewer than five and is more than one candidates on the eligibility list, the selection process shall be completed from the candidates. However, if there is only one (1) candidate on the eligibility list, the appointing authority is not required to make a selection. 2.If the same position or another in the same job classification with substantially similar duties should become vacant within six months of the date the eligibility list was established, selection of another appointee from the eligibility list may be made. 3.The Employer will notify the Union when an eligibility list expires or is retired. Section E. Promotional Opportunities Whenever a promotional opportunity within the bargaining unit is created through the conversion of an existing filled position to a new classification with higher duties, the Employer shall give employees within the same classification and section as the position to be re-structured an opportunity to bid for the promotion. The Employer will distribute an announcement giving notice of the promotional opportunity to the Union President and employees in the same classification and section as the position to be restructured. Eligible employees may bid for the position by submitting an Employment Application within the ten (10) day posting period. The Employer will award the promotion to the most qualified employee in accordance with Section C of this Article. This process does not apply to reclassifications which are the result of gradual changes to the duties of one or more positions over a period of time. Section F. Lay-Off and Recall The Employer shall retain the right to determine whether lay-offs are necessary and in which department(s)/division(s) and classification(s) they will occur. For the purpose of lay-offs, seniority, except in the initial lay-off situation, shall be defined as an employee's length of continuous service with the City in a regular, full-time or part-time position. Classification shall be defined as a job class with a distinct class title and a unique class number and payroll class code. No lay-off or reduction to a lower classification shall be executed so long as there are non-regular employees, whether full-time or part-time, serving within the affected classification in a specific department/division. In the event of a lay-off, for any reason, employees shall be laid off from their department or major division in the inverse order of their seniority in the classification in which the work force is being reduced. An employee who is laid off may exercise his/her seniority rights to replace another employee in the same or different department/division in an equal or lower classification series in which the employee 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 164 of 469 Local 2170 Contract 20092010 – 2012 38 works or has previously achieved regular employee status, provided such employee has greater seniority than the employee whom he/she seeks to replace, and provided the replacing employee is qualified to perform the work without further training. The requirement to have previously worked in a classification shall not be required for employees bumping down to a lower compensated position within a recognized series (i.e. Maintenance Service Worker, Fire Inspector). The names of employees who are laid off shall be placed on a reemployment list for a period of two (2) years. Whenever there is a recall during the life of the reemployment list, employees who are still on the reemployment list shall be recalled in the inverse order of their lay-off, to the classification from which they were laid off or to a lower classification in which they previously achieved regular employee status with the City, provided they are qualified at that time to perform the work in the classification to which they are recalled without further training. If an employee is recalled or bumps to a position in a lower rated classification, he/she shall have the right to return to the classification held prior to being laid off in the event a position in that classification subsequently becomes available, provided he/she is qualified at that time to perform the work without further training. Returning to an original classification shall be done in inverse order of layoff, in connection with the recall rights established in this Article. The Employer shall not hire new employees in classifications represented by the Union as long as there are still employees on the reemployment list who are qualified at the time a position becomes available to perform the work of the position and are willing to be recalled to said classification. Employees who are eligible for recall shall be given ten (10) working days' notice of recall. Recall notice shall be sent by registered mail with return receipt requested. A copy of the notice shall be sent to the Union. The employee must notify the affected department head within five (5) working days of receipt of the recall notice of his/her intention to accept the position offered. It is the employee's responsibility to notify the City Human Resources & Risk Management Department of change of address and telephone number. An employee who refuses to accept a recall or who accepts a recall but fails to appear without notice approved by the City at the date and time agreed upon shall be removed from the reemployment list and shall forfeit all future rights of recall. An employee who has been laid off shall retain seniority as of the date of lay-off and shall begin accumulating additional seniority when called back to work, providing the elapsed time of lay-off does not exceed two years. Section G. Demotion The term “demotion” as used in this provision means the involuntary reassignment of an employee from a position in one job classification to a lower paying position in another job classification. In any case involving demotion, the employee shall have the right to due process. The Employer reserves the right to demote an employee when he/she is physically or mentally unable to perform the duties of his/her particular position. When the disability is overcome, the employee shall return to his/her original classification. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 165 of 469 Local 2170 Contract 20092010 – 2012 396h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 166 of 469 Local 2170 Contract 20092010 – 2012 40 ARTICLE 22 - PROBATIONARY PERIOD Section A. 12-Month Probationary Period New employees shall serve a probationary period during their first twelve months of employment. During this time, they are considered "At Will" employees and serve at the pleasure of the Employer. Employees terminated during their first twelve months of employment shall not have recourse to the grievance procedure. Section B. 6-Month Probationary Period Existing City employees who are promoted shall serve a six month probationary period. In the event a promoted employee fails to pass probation, the employee shall be eligible to return to his/her previous position, if it has not been filled. If the position has been filled, the individual employee will then be eligible for re-appointment under the provision of Article 21, Section F. Layoff & Recall. A probationary period will be required. ARTICLE 23 - GRIEVANCE PROCEDURE Section A. Definition Grievance is hereby defined as the question or challenge raised by an employee or the Union as to the correct interpretation or application of this Agreement by the Employer. It is the purpose of this clause to provide the employees and the Union with an orderly and effective means of achieving consideration of any grievance, which may arise during the life of this Agreement. Section B. Grievance Process For this purpose, theThe following steps are agreed upon as the appropriate order of contact: Step 1.An employee and/or his/her Union representative must present a grievance within fifteen (15) working days of occurrence or when the Union or employee knew or should have known of the occurrence to the official of the Employer most immediately involved. If, however, the grievance concerns a payroll matter involving the computation of the employee’s wages the grievance must be presented within thirty (30) calendar days of occurrence or when the Union or employee knew or should have known of the occurrence. The parties shall have five (5) working days to resolve the grievance. Step 2.If not resolved at Step 1, the employee (grievant) shall refer the matter in writing to the Union Grievance Committee for investigation and determination of whether the grievance shall be advanced. Advancement or settlement of a grievance beyond Step 1 of the Grievance Procedure shall be the sole authority of the Union Grievance Committee. The Grievance Committee shall be given reasonable time off with pay for this purpose. Step 3.The employee and/or Union representative shall present the grievance within 20 working days of the Step 1 response in writing to the head of the employee's Ddepartment Administrator. The Department Administrator shall attempt to resolve the matter within 10 working days of the receipt of the written grievance. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 167 of 469 Local 2170 Contract 20092010 – 2012 41 Step 4.If not resolved by the Department Administrator, the grievance shall be presented, in writing, together with all pertinent materials to the Mayor within ten (10) working days. The Mayor, or designated representative shall schedule a meeting with the Union for the purpose of hearing and reviewing the merits of the grievance. The Mayor, or designated representative, shall attempt to resolve the grievance within ten (10) working days of receipt of the material. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 168 of 469 Local 2170 Contract 20092010 – 2012 42 Step 5.In the event that the grievance is not resolved by the Mayor, the matter may, within fifteen (15) twenty (20) working days after the Mayor's decision has been rendered, be referred by either party to the arbitration process. If the matter is not referred to arbitration within this period, it shall be considered resolved. If referred to arbitration: (1) the arbitrator's decision shall be final and binding, (2) the arbitrator shall be empowered to render a decision based on interpretation of the contract only and shall not add or delete from the provisions of this Agreement, (3) the arbitrator shall render a decision within thirty (30) days of hearing, (4) the arbitrator shall be selected by a joint request of a list of names (Washington and Oregon only) from the Federal Mediation and Conciliation Service (F.M.C.S.). Upon receipt, the parties shall eliminate names alternately until one name remains, (5) it is agreed that the costs shall be borne equally between the parties with the exception that if the matter is a question of procedural arbitrability, the losing party shall bear all expenses for the services of the arbitrator. Except as provided above, each party shall be responsible for paying their own costs and fees incurred in the matter. Section B.C. Employer Grievance The following procedure shall be observed if the Employer files a grievance against the Union for an alleged violation of the contract: Step 1.The Mayor or his/her designated representative shall present the grievance in writing to the Union Staff Representative within 10 days of occurrence. The Union shall attempt to resolve the matter within thirty (30) days of receipt. Step 2.If the matter is not satisfactorily resolved at Step 1, the Employer may within fifteen (15)twenty (20) working days refer the matter to arbitration using the procedure outlined in Section AB, Step 5. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 169 of 469 Local 2170 Contract 20092010 – 2012 43 Section DC. Grievance Documentation Written submissions shall include the specific article(s) of the contract, which were allegedly violated, the specific facts and the remedy sought. Section E. Grievance Timelines Grievances shall be properly filed and processed within the timetables outlined at each step. If these timetables are violated by the Union, the grievance shall be deemed waived. If violated by the Employer, the grievance shall be advanced to the next step. Through mutual agreement, the parties may put timelines on abeyance or extend them for a set period of time. ARTICLE 24 - HEALTH, SAFETY AND PRODUCTIVITY Section A. Quality and Safety of Work All work shall be done in a competent, productive and professional manner. Work shall also be done, in accord with State, Federal and City safety codes and with ordinances and rules relating to this subject. Section B. Working Conditions It shall not be considered a violation of this Agreement if any employee refuses to work with unsafe equipment, where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonably sanitary condition. It shall be a requirement of the employee to immediately report all unsafe conditions in accordance with the procedures established by the employee Safety Committee to his/her supervisor upon becoming aware of those conditions. In addition to the Departmental Representatives, Local 2170 shall have a designated member on the Safety Committee as appointed by the Local Executive Board. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 170 of 469 Local 2170 Contract 20092010 – 2012 44 Section C. Rain Gear Where necessary, employees furnished rain gear by the Employer will be provided up to one (1) set of new rain gear annually, provided that new rain gear will not be issued until used rain gear is returned by the employee to the appropriate supervisor. Section D. Custodial Services The Employer shall provide custodial services to employee restrooms and lunchrooms to insure sanitary conditions. Section E. Safety Shoes Regular employees in positions requiring Safety Shoes or Steel Toed Boots shall be entitled to $125 reimbursement annually for the purchase of shoes or boots. Reimbursement can be provided on a more frequent basis if deemed necessary by the immediate supervisor based upon the nature of the work assignment. ARTICLE 25 - SAVINGS CLAUSE If any Article of this Agreement or any addenda thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and addenda should not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 171 of 469 Local 2170 Contract 20092010 – 2012 456h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 172 of 469 Local 2170 Contract 20092010 – 2012 46 ARTICLE 26 - ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire Agreement between the parties is intended to replace the prior agreement and no oral statement shall add to or supersede any of its provisions. Section B. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, unless otherwise agreed, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Section C. All wages and/or benefits being received prior to this contract by members covered in this Agreement shall not be reduced except where specifically modified by this Agreement. ARTICLE 27 - PRIORITY OF FEDERAL, STATE AND CITY LAWS It is understood and agreed by and between the parties that in negotiations and collective bargaining and in the administration of all matters covered by this Agreement, the parties hereto and the City employees are governed by the provisions of applicable State laws, City Ordinances and Resolutions. If there is a conflict between any provision of this Agreement and State law, the latter shall prevail. Provided, however, the Employer agrees that no Ordinance or Resolution shall modify or change any article or section of this Agreement during the life of said Agreement. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 173 of 469 Local 2170 Contract 20092010 – 2012 476h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 174 of 469 Local 2170 Contract 20092010 – 2012 48 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 175 of 469 Local 2170 Contract 20092010 – 2012 49 ARTICLE 28 - – VOLUNTEERS The City and Union agree that volunteer programs can be mutually beneficial to the City, employees and citizens of Renton. The parties recognize that volunteer programs provide a sense of community involvement and require a commitment of time and service on behalf of the volunteer. To that end, the City is committed to working in partnership with the Union to build successful volunteer programs. The use of volunteers will not supplant bargaining unit positions. No bargaining unit member shall be laid off as a result of volunteer programs. The City and the Union will meet in a labor-management forum and come to mutual agreement prior to implementing any new volunteer programs. ARTICLE 29 - – DISCIPLINE The City shall not discipline or discharge an employee without just cause. Employees shall be given the opportunity to have a Union Representative present at meetings where disciplinary proceedings will take place. The Ccity agrees with the principles of progressive discipline. Disciplinary action generally includes the following progressive steps: 1.Oral reprimand (which shall be reduced to writing although not placed in the employee’s personnel file) 2.Written reprimand 3.Suspension 4.Discharge Disciplinary action will be tailored to the nature and severity of the offense. Management maintains the right to take disciplinary action, as they deem appropriate. ARTICLE 30 - LEAVE DONATION A Leave Donation Program has been established to assist employees faced with a serious medical illness or injury to themselves or an immediate family member. The Leave Donation Program will be administered in accordance with City Policy #350-12 (Leave Donation), as established effective May 1, 2006. The following exception applies as a benefit above and beyond those granted by the Policy. Domestic partners shall be considered family when considering qualifying events for donation. allows employees to voluntarily transfer accrued vacation, compensatory time and personal holiday hours to another eligible employee within the Local #2170 bargaining unit who has exhausted all other paid leave due to a FML-eligible serious health condition. ELIGIBILITY 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 176 of 469 Local 2170 Contract 20092010 – 2012 50 Only probationary or regular status employees within the Local #2170 bargaining unit are eligible and may donate and receive leave. The Donated Leave Program is available to all eligible employees as defined above across all departments. Further eligibility requirements are as follows: 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 177 of 469 Local 2170 Contract 20092010 – 2012 51 Donating Employee - To qualify as a donating employee, an employee must be a probationary or regular-status employee working half-time or greater and have sufficient vacation, compensatory time or personal holiday accrued to cover donated time. Requesting Employee - The requesting employee must be on an approved leave under the Federal Family and Medical Leave Act. The employee must also demonstrate a need of at least 40 hours of donated leave. The period in which an employee may receive donated leave is the period of Family and Medical qualified leave which would otherwise be unpaid because leave balances have been reduced to zero. Employees may not receive workers compensation benefits prior to, or while, receiving donated leave. QUALIFYING EVENT To receive donated leave, an employee must apply for and receive approval for leave under the Family and Medical Leave Policy. Employees may request leave for a serious health condition affecting themselves, their spouse, parent, child, stepchild or some one with whom the employee has an "In Loco Parentis" relationship. Donated leave may not be used for parental leave following the birth or placement of a child for adoption or foster care. SERVICE ACCRUALS AND OTHER BENEFITS Donating employees may donate accrued vacation, compensatory time or personal holiday leave. Donated vacation, compensatory time or personal holiday leave will be converted on a straight hour-for-hour basis to the recipient employee's sick leave account. Donated hours can only be credited for subsequent use. Any hours donated after the payroll cut-off shall not be retroactively applied. The donated leave, when converted, will be treated and utilized as sick leave for all purposes. If the donated sick leave is unused when the employee returns to work, the recipient employee will retain any balance remaining (as regular sick leave). Employees, while using donated leave on an approved Family Medical Leave, will continue to be eligible for City-paid health benefits. PROCEDURES Requesting Employee: Any eligible employee may request a donation of hours by completing the Request to Receive Donated Leave form (see Appendix C). If such employee is not capable of making application on their own behalf, a personal representative may make written application for the employee. Consent shall be obtained from the employee before application is made on behalf of that employee or, in situations where this is not possible, the recipient's guardian. This form is obtained by contacting the Human Resources and Risk Management Department (HR & RM). Requests for leave donation must be submitted to the Human Resources and Risk Management Department, in conjunction with the Family and Medical Leave Act (FMLA) application when possible. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 178 of 469 Local 2170 Contract 20092010 – 2012 52 In order for the timely transfer of leave, forms must be submitted in the most immediate manner possible. Donated leave may only apply to time that would otherwise be unpaid during an approved Family Medical Leave. The request for donated leave will be reviewed in a confidential and objective manner. All determinations made by HR & RM regarding qualification for donated leave are final. Each request shall provide the following information concerning the potential leave recipient: ·Name, Employee Number, Department, Work Location, Work Phone, Supervisor's name, and Employment Status; ·Certification from the attending physician or other applicable health care provider with respect to the qualifying condition submitted with the FML application; and ·Any additional information that may be required to verify the information in the leave recipient's request. The recipient must have exhausted all accumulated leave including compensatory time; personal holiday, vacation, and sick leave prior to using any donated leave hours. If it can be shown by the requesting employee that during the anticipated period of disability all accrued leave will be exhausted, the request may be made prior to the actual disabling event. The recipient must not be eligible to receive workers' compensation benefits. The recipient employee may receive up to a maximum of 480 hours, or twelve-week full-time equivalent, donated leave. The maximum eligible hours of donated leave will be reduced by the hours, which are paid by the employee's leave balances. The recipient may exercise their option under the program in any 12-month period. The City will determine eligibility under this provision by the use of the "rolling 12-month" basis, in which the 12-month period is measured backward from the date the Family Medical Leave request is effective. Donating Employee: Applicable paid leave may be donated within 14 calendar days from the date of the "Posted" notice of request for donations. Subsequent postings may be utilized for any additional needs. Hours are donated by completing the Request to Donate Leave form as shown in Appendix D, and must be submitted to HR & RM as indicated on the posted notice. Leave may be donated in increments of one hour. HUMAN RESOURCES & RISK MANAGEMENT RESPONSIBILITY Requests: Notification of determination of approval or denial will be made within seven calendar days of receipt of a request. The determination will be completed by HR & RM staff. If the request is approved, the employee will be notified of the decision, the maximum amount of donated leave time the employee may receive, and the effective date. See Appendix F for an example. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 179 of 469 Local 2170 Contract 20092010 – 2012 53 If the request is denied, the employee is notified of the decision by letter. See Appendix G for an example of this letter. The request is filed in the employee's Family Medical Leave file with the final decision and all supporting documentation. Donations: HR & RM will generate the Request for Donation of Leave notice to be posted. See Appendix E for an example. DEPARTMENT RESPONSIBILITY Due to the emotional atmosphere and high sensitivity surrounding these employee health conditions and issues, it is extremely important to respect each employee's decision to donate or not donate. It is not acceptable or appropriate to pressure, intimidate otherwise attempt to convince any employee to take action in a donation issue that is not of the employee's own volition. Each department will be responsible for making sure that all requests get posted and/or distributed for all employees to see. Additionally, each department will have Request to Donate Leave forms available for those employees who wish to donate to the recipient. All such forms offering to donate leave shall immediately be submitted to HR & RM. PAYROLL RESPONSIBILITY Payroll reduces the donor's vacation, compensatory time, and/or personal holiday balances according to the approved request forms submitted by the Department. Payroll will notify the donor of the transfer of leave. Payroll shall retain the Donation Request from each employee for an audit trail. Upon notification of the donation of hours, Payroll will credit the receiving employee's record with the authorized hours. The hours shall be credited as sick leave. A copy of the approved leave report shall be retained in the Payroll Department. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 180 of 469 Local 2170 Contract 20092010 – 2012 54 ARTICLE 31 - DURATION OF AGREEMENT This Agreement shall become effective January 1, 2010, and shall remain in full force and effect until and through December 31, 2012. Signed this day of , 2010 at Renton, Washington. CITY OF RENTON LOCAL 2170, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO. Denis Law, Mayor Pat Miller, Local 2170 President Nancy Carlson, Human Resources & Risk Management Administrator Ethan Fineout, Staff Representative, Washington State Council of Ccounty and City Employees Eileen Flott, Human Resources Manager Michael A.Mike Benoit, Member Marty Wine, Assistant Chief Administrative Officer Lucinda Gibbon, Human Resources Analyst Jayson Grant, 1st Vice President Ted Hickey, 2nd Vice President Jennifer Jorgensen, Secretary 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 181 of 469 Local 2170 Contract 20092010 – 2012 55 Teresa Phelan, Member ATTEST: Bonnie I. Walton, City Clerk APPROVED AS TO FORM: Lawrence J. Warren, City Attorney ARTICLE 31 - DURATION 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 182 of 469 Local 2170 Contract 20092010 – 2012 56 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 183 of 469 Local 2170 Contract 20092010 – 2012 57 APPENDIX A CLASSIFICATIONS REPRESENTED BY LOCAL 2170 Accounting Assistant I Accounting Assistant II Accounting Assistant III Accounting Assistant IV Accounting Supervisor Administrative Secretary I Administrative Secretary II Airport Maintenance Worker Assistant Airport Manager Assistant Planner Associate Planner Building Inspector/Combination Building Inspector/Electrical Building Plan Reviewer Business Systems Analyst Capital Project Coordinator CDBG Specialist Civil Engineer I Civil Engineer II Civil Engineer III Code Compliance Inspector Communications Specialist I Communications Specialist II Construction Inspector II Custodian Custodial Services Supervisor Data Base Technician Desktop Publishing Operator Development Services Representative Economic Development Specialist Emergency Management Coordinator Energy Plans Reviewer/Permit Representative Engineering Specialist I Engineering Specialist II Engineering Specialist III Facilities Coordinator Facilities Supervisor Facilities Technician Facilities Technician II Fire District Liaison Fire Inspector I Fire Inspector II Fire Inspector III Fire Inspector/Trainee Fire Plans Reviewer/Inspector I Fire Plans Reviewer/Inspector II Fire Plans Reviewer/Inspector III Fleet Management Technician Form/Graphic Technician Golf Course Maintenance Worker I Golf Course Maintenance Worker II Golf Course Maintenance Worker III Golf Course Operations Specialist Grounds Equipment Mechanic Hearing Examiner's Secretary Housing Repair Coordinator Housing Repair Technician HVAC Systems Technician Judicial Specialist Judicial Specialist/Trainer Lead Building Inspector Lead Code Compliance Inspector Lead Construction Inspector Lead Custodian Lead Fire Inspector Lead Golf Course Maintenance Worker Lead Judicial Specialist Lead Maintenance Custodian Lead Maintenance Services Worker Lead Office Assistant Lead Parks Maintenance Worker Lead Vehicle & Equipment Mechanic Lead Water Utility Pump Station Mechanic Librarian Library Assistant I Library Assistant II Library Supervisor Library Technical Assistant Lift Station Technician Maintenance Buyer Maintenance Custodian Maintenance Services Worker I Maintenance Services Worker II Maintenance Services Worker III Mapping Coordinator Mechanic's Assistant Multi Media Records Specialist Neighborhood Program Assistant Neighborhood Program Coordinator Network Systems Specialist Network Systems Manager Office Assistant I 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 184 of 469 Local 2170 Contract 20092010 – 2012 58 Office Assistant II Office Assistant III Park Maintenance Supervisor Parks Maintenance Worker I Parks Maintenance Worker II Parks Maintenance Worker III Pavement Management Technician Payroll Analyst Permit Technician Planning Technician I Planning Technician II Principal Civil Engineer – Transportation Division Print & Mail Operator Print & Mail Supervisor Pro Shop Assistant Probation Clerk Probation Officer Program Development Coordinator I Program Development Coordinator II Property Services Agent Property Services Specialist Purchasing Assistant Records Management Coordinator Records Management Specialist Recreation Program Coordinator Recreation Specialist I Recreation Specialist II Secretary I Secretary II Senior Economic Development Specialist Senior Network Systems Specialist Senior Planner Senior Systems Analyst Service Desk Technician Signal/Electronic Systems Assistant I Signal/Electronic Systems Assistant II Signal/Electronic Systems Technician I Signal/Electronic Systems Technician II Solid Waste Maintenance Worker Solid Waste Program Specialist Street Maintenance Services Supervisor Systems Analyst Services Desk Supervisor Traffic Maintenance Worker I Traffic Maintenance Worker II Traffic Sign & Paint Supervisor Transportation Planner Utility/GIS Engineer Vehicle & Equipment Mechanic I Waste Water Maintenance Services Supervisor Water Maintenance Services Supervisor Water Meter Reader Water Quality/Treatment Plant Operator Water Utility Instrument/SCADA Technician Water Utility Maintenance Supervisor Water Utility Maintenance Technician APPENDIX A – AFSCME CLASSIFICATIONS IN ALPHABETICAL ORDER (with Job Grades) a03 *Accounting Assistant I a05 *Accounting Assistant II a07 *Accounting Assistant III a09 *Accounting Assistant IV a19 Accounting Supervisor a09 Administrative Secretary I a11 Administrative Secretary II a11 Airport Maintenance Worker a23 Assistant Airport Manager a16 *Assistant Planner a20 *Associate Planner a21 Building Inspector/Combination a21 Building Inspector/Electrical a23 Building Plan Reviewer a23 Business Systems Analyst a25 Capital Project Coordinator a18 CDBG Specialist a21 *Civil Engineer I a25 *Civil Engineer II a28 *Civil Engineer III a19 Code Compliance Inspector a12 Communications Specialist I a21 Communications Specialist II a21 Construction Inspector II a17 Custodial Services Supervisor a01 Custodian a24 Data BaseDatabase Technician a18 Development Services Representative 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 185 of 469 Local 2170 Contract 20092010 – 2012 59 a20 *Economic Development Specialist a21 Emergency Management Coordinator a19 Energy Plans Reviewer/Permit Rep. a13 *Engineering Specialist I a19 *Engineering Specialist II a23 *Engineering Specialist III a25 Facilities Coordinator a21 Facilities Supervisor a13 Facilities Technician a15 Facilities Technician II a09 Fire District Liaison a17 Fire Inspector I a19 Fire Inspector II a21 Fire Inspector III a12 Fire Inspector/Trainee a17 Fire Plans Reviewer/Inspector I a19 Fire Plans Reviewer/Inspector II a23 Fire Plans Reviewer/Inspector III a11 Fleet Management Technician a10 Form/Graphic Technician a21 *GIS Analyst I a23 *GIS Analyst II a04 *Golf Course Maintenance Worker I a08 *Golf Course Maintenance Worker II a12 *Golf Course Maintenance Worker III a08 Golf Course Operations Specialist a15 Grounds Equipment Mechanic a07 Hearing Examiner's Secretary a20 Housing Repair Coordinator a08 Housing Repair Technician a19 HVAC Systems Technician a08 Judicial Specialist a10 Judicial Specialist/Trainer a24 Lead Building Inspector a22 Lead Code Compliance Inspector a24 Lead Construction Inspector a04 Lead Custodian a24 Lead Fire Inspector a16 Lead Golf Course Maintenance Worker a15 Lead Judicial Specialist a11 Lead Maintenance Custodian a16 Lead Maintenance Services Worker a08 Lead Office Assistant a16 Lead Park Maintenance Worker a13 Lead Payroll Analyst a19 Lead Vehicle & Equipment Mechanic a18 Lead Water Util Pump Station Mechanic a07 Legal Assistant a15 Lift Station Technician a17 Maintenance Buyer a07 Maintenance Custodian a04 *Maintenance Services Worker I a08 *Maintenance Services Worker II a12 *Maintenance Services Worker III a29 Mapping Coordinator a09 Mechanic's Assistant a12 Multim Media/ Records Specialist a16 Neighborhood Program Assistant a25 Neighborhood Program Coordinator a20 Network Systems Specialist a32 Network Systems Manager a01 Office Assistant I a03 Office Assistant II a05 Office Assistant III a17 Paralegal a21 Park Maintenance Supervisor a04 *Parks Maintenance Worker I a08 *Parks Maintenance Worker II a12 *Parks Maintenance Worker III a23 Pavement Management Technician a11 Payroll Analyst a10 Permit Technician a23 Plan Reviewer a09 *Planning Technician I a15 *Planning Technician II a32 Principal Civil Engineer–Transportation Systems Division a07 Print & Mail Operator a13 Print & Mail Supervisor a04 Pro Shop Assistant 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 186 of 469 Local 2170 Contract 20092010 – 2012 60 a10 Probation Clerk a18 Probation Officer a25 *Program Development Coordinator I a29 *Program Development Coordinator II a13 Solid Waste Program Specialist a25 Property Services Agent a23 Property Services Specialist a08 Purchasing Assistant a11 Records Management Coordinator a09 Records Management Specialist a18 Recreation Program Coordinator a11 Recreation Specialist I a09 Recreation Systems Technician a05 Secretary I a07 Secretary II a24 *Senior Economic Development Specialist a24 Senior Network Systems Specialist a24 *Senior Planner a24 Senior Systems Analyst a17 Service Desk Technician a21 Services Desk Supervisor a09 *Signal/Electronics Systems Ass’t I a13 *Signal/Electronics Systems Ass’t II a17 *Signal/Electronics Systems Tech I a21 *Signal/Electronics Systems Tech II a04 Solid Waste Maintenance Worker a23 Street Maintenance Services Supervisor a21 Systems Analyst/Programmer a08 Traffic Maintenance Worker I a12 Traffic Maintenance Worker II a17 Traffic Sign & Paint Supervisor a24 Transportation Planner a32 Utility/GIS Engineer a15 Vehicle & Equipment Mechanic I a23 Waste Water Maintenance Services Supv. a21 Water Maintenance Services Supervisor a07 Water Meter Reader a17 Water Quality/Treatment Plant Operator a19 Water Utility Instrument/SCADA Tech a21 Water Utility Maintenance Supervisor a15 Water Utility Maintenance Technician * Represents a Job Classification Series 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 187 of 469 Local 2170 Contract 20092010 – 2012 61 APPENDIX B – SALARY INDEX for 2010 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 188 of 469 Local 2170 Contract 20092010 – 2012 626h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 189 of 469 Local 2170 Contract 20092010 – 2012 63 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 190 of 469 Local 2170 Contract 20092010 – 2012 64 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 191 of 469 Local 2170 Contract 20092010 – 2012 65 APPENDIX C – SALARY INDEX for 2011 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 192 of 469 Local 2170 Contract 20092010 – 2012 66 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 193 of 469 Local 2170 Contract 20092010 – 2012 67 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 194 of 469 Local 2170 Contract 20092010 – 2012 68 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 195 of 469 Local 2170 Contract 20092010 – 2012 69 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 196 of 469 Local 2170 Contract 20092010 – 2012 70 APPENDIX D – SALARY INDEX for 2012 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 197 of 469 Local 2170 Contract 20092010 – 2012 71 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 198 of 469 Local 2170 Contract 20092010 – 2012 72 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 199 of 469 Local 2170 Contract 20092010 – 2012 73 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 200 of 469 Local 2170 Contract 20092010 – 2012 74 APPENDIX E – INDEX Figure 2 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 201 of 469 Local 2170 Contract 20092010 – 2012 75 Figure 3 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 202 of 469 Local 2170 Contract 20092010 – 2012 76 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 203 of 469 Local 2170 Contract 20092010 – 2012 77 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 204 of 469 Local 2170 Contract 20092010 – 2012 78 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 205 of 469 Local 2170 Contract 20092010 – 2012 79 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 206 of 469 Local 2170 Contract 20092010 – 2012 80 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 207 of 469 Local 2170 Contract 20092010 – 2012 81 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 208 of 469 Local 2170 Contract 20092010 – 2012 82 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 209 of 469 Local 2170 Contract 2009 2010 – 2012 83 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 210 of 469 Local 2170 Contract 2009 2010 – 2012 84 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 211 of 469 Local 2170 Contract 2009 2010 – 2012 85 A Abuse of Sick Leave 15 Accrual 13, 17 alternative work schedules 7 anniversary 23 arbitration 35, 36 At Will 33 B bereavement 18 bulletin boards 25 C callback 12 Call-back 11 Christmas Day 15 classification5, 23, 29, 30, 31, 32, 33 Classifications 48 clean-up 9 Clean-Up Time 9 co-insurance 19 compensated hours 10 compensatory time10, 11, 40, 41, 43, 45 conferences 22 co-pays 19 D deferred compensation 24 demotion 33 Demotion 32 dental 19 disability plan 14 discharge 14, 25, 39 Discharge 39 Disciplinary action 27, 39, 40 discipline 25, 39 Discipline 39 donated leave 40, 41, 42, 43, 44 double time 11 dues 6 E Eligibility Lists 29 emergency situations 8, 9, 18 employee contribution 20 Employment Practices 28 Entire Agreement 38 Executive Board 5, 37 F F.M.C.S.35 Fair Labor Standards Act 10 Federal Family and Medical Leave Act 40 Federal Mediation and Conciliation Service 35 Flexible work schedules 7 flex-time 7 FMLA 13, 42 G grievance 33, 34, 35, 36 Grievance Procedure 33 grievances 25, 26 group term 21 H Health Insurance 19 Health, Safety and Productivity 36 holiday 15, 16, 17, 24, 41 Holiday Leave Bank 17 Hours of Work 7 I Independence Day 15 insurance 19, 20 J July 4 15 jury duty 22 just cause 25, 39 L Labor Day 15 Labor/Management Committee1, 26 lay-off 30, 31, 32 Leave Donation Program 40 life insurance 21, 22 longevity 21, 23, 24 long-term disability 14 M Management Rights 24 Martin Luther King, Jr. Day 15 Meal and Rest Periods 9 meal period 9 medical 19, 40 medical leave 13 membership 6, 19 Memorial Day 15 N new employees 6, 32 New Year's Day 15 Non-Discrimination 27 non-regular employees 30 O Officers 6 Oral reprimand 39 overtime 8, 9, 10, 11, 12, 24 P pager 12 part-time 16, 17, 18, 23, 30, 31 pay period 24 PERS 14 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 212 of 469 Local 2170 Contract 2009 2010 – 2012 86 personal holiday 16, 40, 41, 43, 45 position review 5 Posting of Vacancies 28 Preamble 3 premium 20, 21 Priority of Federal, State and City Laws 38 probationary period 33 Probationary Period 33 promoted 33 promotional opportunity 30 pro-rated 16, 17, 23 public interest 26 Q Qualifying Event 41 R rain gear 37 reclassifications 30 Recognition and Bargaining Unit 3 REHBT 18, 19, 20, 21 REHP 18, 19 Renton Employees’ Healthcare Board of Trustees 18 Renton Employees’ Healthcare Plan 18 Requests for leave donation 42 rest period 9 right of non-association 4 S Safety Shoes 37 salaries 23 Savings Clause 37 Selection Process 28 self-funded 20 seniority 13, 28, 30, 31, 32 Service Accruals and Other Benefits 41 shift differential 12 Shop Steward 25 sick leave11, 13, 14, 15, 26, 41, 43, 45 Staff Representative 25, 36 standby 12 Standby 12 Steel Toed Boots 37 Stewards 6 Suspension 39 T Thanksgiving 15 time banks 10 training 22, 23, 25, 31 U uniform allowance 13 Union Activities 25 Union Membership and Dues Deduction 6 Union Stewards 28 V vacancies 28, 29 vacation11, 14, 17, 18, 24, 40, 41, 43, 45 Vacations 17 Veterans' Day 15 volunteer 13, 39 volunteers 10, 13, 39 Volunteers 39 W work day 7, 9, 11, 18 work schedules 7, 8, 25 work stoppage 26, 27 Work Stoppages and Employer Protection 26 work week 7, 10, 16 workday 9, 10, 12, 22, 25 Written reprimand 39 A Abuse of Sick Leave 21 Accrual 19, 24 alternative work schedules 11 anniversary 32 arbitration 45, 46 At Will 43 B bereavement 25 bulletin boards 34 C callback 18 Call-back 16 Christmas Day 21 classification 8, 30, 39, 40, 41, 42, 43 Clean-Up Time 14 co-insurance 26 compensated hours 14 compensatory time 14, 52 conferences 30 co-pays 26 D deferred compensation 32 demotion 43 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 213 of 469 Local 2170 Contract 2009 2010 – 2012 87 dental 26 disability plan 20 discharge 19, 33, 51 Disciplinary action 37, 51, 52 discipline 33, 51 double time 16 dues 9, 10 E Eligibility Lists 39 emergency situations 12, 13, 24 employee contribution 26, 27 Employment Practices 38 Entire Agreement 50 Executive Board 7, 47 F F.M.C.S.45 Fair Labor Standards Act 15 Federal Mediation and Conciliation Service 45 Flexible work schedules 11 flex-time 11 FMLA 19 G grievance 43, 44, 45, 46, 47 Grievance Procedure 43 grievances 33, 34, 36 group term 29 H Health Insurance 25 Health, Safety and Productivity 47 holiday 21, 22, 23, 32 Hours of Work 10 I Independence Day 21 insurance 26 J July 4 21 jury duty 29 just cause 33, 51 L Labor Day 21 Labor/Management Committee 36 lay-off 40, 41, 42 Leave Donation Program 52 life insurance 29 longevity 29, 31, 32 long-term disability 20 M Management Rights 32 Martin Luther King, Jr. Day 21 Meal and Rest Periods 12 meal period 12 medical 26, 52 medical leave 19 membership 10, 26 Memorial Day 21 N new employees 10, 42 New Year's Day 21 Non-Discrimination 38 non-regular employees 41 O Officers 10 Oral reprimand 51 overtime 12, 14, 15, 16, 33 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 214 of 469 Local 2170 Contract 2009 2010 – 2012 88 P pager 18 part-time 23, 24, 25, 32, 40, 41 pay period 32 PERS 19 personal holiday 21, 52 position review 8 Posting of Vacancies 38 Preamble 5 premium 26, 27 Priority of Federal, State and City Laws 50 probationary period 43 promoted 43 promotional opportunity 40 pro-rated 23, 24, 32 public interest 36 R rain gear 49 reclassifications 40 Recognition and Bargaining Unit 6 REHBT 25, 26, 27, 28 REHP 25, 26 Renton Employees’ Healthcare Board of Trustees 25 Renton Employees’ Healthcare Plan 25 rest period 13 right of non-association 6 S Safety Shoes 49 salaries 30 Savings Clause 49 Selection Process 38 self-funded 26, 27 seniority 18, 38, 40, 41, 42 shift differential 16 Shop Steward 33 sick leave 15, 19, 20, 21, 36 Staff Representative 34, 46 standby 18 Steel Toed Boots 49 Stewards 10 Suspension 51 T Thanksgiving 21 time banks 15 training 30, 34, 41, 42 U uniform allowance 18 Union Activities 33 Union Membership and Dues Deduction 9 Union Stewards 38 V vacancies 38, 39 vacation 15, 20, 24, 32, 52 Veterans' Day 21 volunteers 14, 18, 51 W work day 11, 12, 16, 24 work schedules 10, 11, 12, 33 work stoppage 36, 37 work week 10, 11, 14, 23 workday 12, 13, 14, 16, 29, 33 Written reprimand 51 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 215 of 469 A G R E E M E N T By and Between CITY OF RENTON and RENTON FIREFIGHTERS LOCAL 864 BATTALION CHIEF/SAFETY OFFICER January 1, 2009 2010 – December 31, 20092012 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 216 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 2 TABLE OF CONTENTS Preamble 3 Article 1 Recognition 3 Article 2 Union Membership 3 Article 3 Employment Practices 4 Article 4 Retention of Benefits 6 Article 5 Management Rights 6 Article 6 Performance of Duty 8 Article 7 Salaries 8 Article 8 Overtime 10 Article 9 Insurance 10 Article 10 Hours of Work 12 Article 11 Holidays 13 Article 12 Vacations 15 Article 13 Sick Leave 17 Article 14 Funeral Leave 24 Article 15 Uniform Allowance 24 Article 16 Grievance Procedure 25 Article 17 Savings Clause 26 Article 18 Duration of Agreement 27 Appendix A Salaries…………………….29 Appendix B Vacation Pro-Ration Schedule 30 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 217 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 3 PREAMBLE This Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Battalion Chiefs/Safety Officers, hereinafter referred to as the Local or Union, governing wages, hours, and working conditions. ARTICLE 1 - RECOGNITION The Employer recognizes the Local as the bargaining representative of all Battalion Chiefs/Safety Officers of the Renton Fire & Emergency Services Department consistent with Public Employment Relations Commission (PERC) certification (Case No. 10270-E-93-1698). Any members of the Local appointed by the President, shall be recognized by the Employer as an official of the Local empowered to act on behalf of the members of the unit for negotiating with the Employer. The number of official representatives shall be limited to three persons. ARTICLE 2 - UNION MEMBERSHIP Section A. All employees covered by the terms of this Agreement shall either become union members or pay a lawful service fee to the Local in lieu of union membership dues; PROVIDED: the right of non-association of Battalion Chiefs/Safety Officers based on bona fide religious tenets or teachings of a church or religious body of which such Battalion Chief/Safety Officer is a member shall be protected at all times, and such Battalion Chief/Safety Officer shall pay such sum as is provided in RCW 41.56.110 and 122. Employees shall comply with the provisions of this section within thirty (30) days of hire into a Battalion Chief/Safety Officer position. Section B. The Employer will grant to employees who are Local representatives reasonable time off with pay for the purpose of attending scheduled negotiations sessions with City officials. The employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety or result in the necessity to replace the employee requesting time off with personnel in compensated status. Section C. Upon written authorization by an employee and approval by a representative of the Local, the Employer agrees to deduct from the wages of the Battalion Chief/Safety Officer the sum certified as union dues or service fee once each 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 218 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 4 month and forward the sum to the Local's Secretary or Treasurer. If a Battalion Chief/Safety Officer does not have a check coming to him/her or the check is not large enough to satisfy the payment, no deduction shall be made from the employee for that calendar month. The Local agrees to hold the Employer harmless from any claims filed by employees against the Employer arising out of the Employer's activities to enforce the provisions of this article, except those caused by negligence of the Employer. Section D. Local 864 shall have the option during the life of this contract to direct the City to deduct a fixed dollar/percentage from the base salaries for all classifications covered by the contract. The City shall deposit such deduction biweekly into a trust fund established by the Association to pay health insurance premiums for eligible retirees and dependents as directed by the Union. Upon the exercise of this option, the Association agrees to allow the City to audit the books and records of the trust it establishes, at the City’s request, and to indemnify, defend and hold the City harmless from any and all liability, claims, demands, suit or any loss or damage, or injury to persons or property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. Section E. The employer Employer will allow Local 864 the option to have funds deducted from their paychecks 12 times annually to allow for contribution to the IAFF Fire PAC and WSCFF Fast PAC programs. The Eemployer will cut one check to the IAFF made out to the IAFF Fire PAC and one check to the WSCFF Fast PAC made out to the WSCFF Fast PACa check once a month to Local 864. The check will be made out to the IAFF Fire Pac and Local 864 will be responsible for the delivery of the checks to the IAFF and to the WSCFF. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel reductions, vacancies, and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and state laws relating or pertaining thereto. Section B. Personnel Files. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Fire & Emergency Services Department and the Human Resources 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 219 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 5 & Risk Management Department, as needed. This provision shall not restrict such information from becoming subject to due process by any court or administrative tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and the employee. Provided, that nNothing in this Section shall prevent all any employees from viewing his/her original personnel file in its entirety upon request. A request to review the personnel file must be made at least 24 hours in advance. The Employer and the employee agree that nothing of a disciplinary nature shall be inserted into the personnel file without a copy first going to the employee. All disciplinary notices or memoranda shall be removed from the personnel files after Forty-eight (48) months. Written warnings shall be expunged from personnel files (at employee’s written request) after a maximum period of three (3) years if there is no reoccurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline, defined as suspension or greater, with the exception of discipline for discrimination, harassment, or retaliation, shall be expunged from the personnel files after a maximum of four (4) years if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer’s case if it is engaged in litigation with the employee regarding that employee’s employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files although such files may not be used in discipline and discharge cases if they could not otherwise be retained in personnel files pursuant to this section. Personnel files shall be released to the Civil Service Commission for the purpose of promotional examinations and in the event of disciplinary hearings. Section C. It is agreed by the Employer and the Local that both parties are obligated to provide equality of opportunity, consideration, and treatment of all members employed by the Renton Fire & Emergency Services Department in all phases of the employment process. Therefore, both the Union and the Employer agree not to discriminate on the basis of Union activity, race, creedcolor, sexgender, national origin, age, handicap 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 220 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 6 disability (unless a bona fide occupational qualification exists), ethnic group, marital status, and religion, or sexual orientation. (Including those persons exercising their rights under Article 2, Section A.) Section D. An employee shall accrue seniority through continuous employment with the Renton Fire & Emergency Services Department including those memberemployees that become members of the bargaining unit as a result of merger. The Employer shall establish a seniority list and shall update it at least once per calendar year. The seniority list shall be posted on the bulletin board with a copy sent to the Secretary of the Union. This list shall be established by classification. Layoffs will be based on seniority with the first layoff being the employee with the least amount of time within the Renton Fire & Emergency Services Department. In the event of the abolishment of a position the employee(s) with the least amount of time in rank shall be laid off or dropped in rank. An employee will not be reduced in rank by more than one classification as a result of layoffs or staff reductions. In the event an employee is rehired the Chief will have the discretion to determine an adequate amount of training necessary to resume the duties of the position. If a layoff is necessary the employee will be placed on a rehire list that will last for (5) five years. In the event of rehire purposes the list will be used as the sole list and will be used until it has been depleted and or (5) years has expired. After six (6) months in a laid off status a physical examination is a prerequisite for reemployment. A reinstated employee shall serve a probationary period of one year if the employee has been laid off for two and one half years (2 ½) or more. A rehired employee will assume rank and time in grade equal to their classification at the time of separation. ARTICLE 4 - RETENTION OF BENEFITS Section A. Working conditions which are generally prevailing but not specifically outlined in this Agreement shall, in the manner presently observed as department policy, be administered and abided by both parties to this Agreement unless changed or deleted by mutual consent. Section B. Management rights and responsibilities assigned to each Battalion Chief/Safety Officer shall continue to be performed by him/her, void of any conflict of 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 221 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 7 interest that may arise out of the fact that the Battalion Chiefs/Safety Officers are represented by the same IAFF Local as the rank and file firefighters they supervise; PROVIDED, this shall not constitute a waiver of the Local's right to bargain under RCW 41.56. ARTICLE 5 - MANAGEMENT RIGHTS Section A. The Local recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accord with its responsibilities and powers of authority. Section B. The Employer has the right to schedule overtime work as required and most advantageous to the department and consistent with requirements of municipal employment and public safety. Section C. It is understood by the parties that every incidental duty connected with fire service oriented operations enumerated in job descriptions classifications is not always specifically described. Section D. The Employer reserves the right to discharge or discipline an employee for just cause. The Employer reserves the right to lay off personnel employee for lack of work or funds; or for the occurrence of conditions beyond the control of the department; or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accord with Article 10 of this Agreement. Section E. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: 1.The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2.The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies, and final determination 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 222 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 8 of employee compensation. 3.The responsibilities of the fire chief and his/her delegates as governed by City Ordinance and Civil Service Rules and Department Rules and as limited by the provisions of this Agreement: to recruit, assign, transfer, or promote memberemployees to positions within the Department; to suspend, demote, discharge, or take other disciplinary action against memberemployees for just cause; to relieve memberemployees from duties because of lack of work, lack of funds, or for disciplinary reasons; to determine methods, means, and personnel necessary for departmental operations; to control the departmental budget; to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. The Local agrees that its memberemployees shall have a responsibility to promote the efficient and effective operation of the department and to assist the Fire Chief and his/her delegates in ensuring such efficiency and effectiveness. The memberemployees further agree to support the Chief and his/her delegates in developing work programs, strategies, techniques, innovations and other programs to maximize department productivity. ARTICLE 6 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike and no employee shall strike nor shall he/she refuse to perform his/her assigned duties to the best of his/her ability. Section B. To the extent that any provision of this Agreement is in conflict with applicable existing Civil Service laws in effect on May of 1999, rules and regulations, the mutually agreed upon labor contract will prevailduring the life of this agreement. ARTICLE 7 - SALARIES Section A. Salaries for Battalion Chiefs/Safety Officers shall reflect a 15% differential between Battalion Chiefs/Safety Officers and Captains of Local 864. (Captains wage plus 15 percent.) Section B. Longevity salary allowances shall be payable on the first payday following 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 223 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 9 the anniversary of the Battalion Chief/Safety Officer: · Completion of 5 years - 2% of top step firefighter salary · Completion of 10 years - 4% of top step firefighter salary · Completion of 15 years - 6% of top step firefighter salary · Completion of 20 years - 10% of top step firefighter salary · Completion of 25 years - 12% of top step firefighter salary Section C. The salaries for any new classifications that may be covered by this agreement shall be subject to negotiations between the parties. Section D. Additional pay shall be awarded as an education incentive to memberemployees of the Department using the following scale and for the following achievements. The Chief shall insure all educational requirements are met through an accredited program. Educational incentives shall be paid to the employee beginning in the next pay period following receipt of proper documentation by the Human Resources & Risk Management Department and shall not be retro-active. Payments will be rounded to the nearest whole dollar. ·Four Year Degree and Two Year Fire Science Degree - 2.0% of top step of base firefighter’s salary Section E. Battalion Chiefs/Safety Officers performing Standby/Safety Officer duty shall be compensated at the rate of $5.00 per hour. Employees on the list will remain in a duty ready state and available to respond within one (1) hour for suppression recall and 30 minutes for a Safety Officer recall. Employees on the list will be paid for an entire 24 hour shift unless they are activated, at that time the employee will transfer to the appropriate pay rate. Battalion Chiefs/Safety Officers may request time off in lieu of receiving monetary compensation. Time off will be accrued at the rate of ½ day off for each week of Standby/Safety Officer duty performed. Time off in lieu of monetary compensation will be at the approval of the Chief. Section FE. The City agrees to contribute 2.5% of a shift Battalion Chief/Safety Officer’s base wage to the deferred compensation plan in exchange for voluntary participation, and successful completion of the annual fire fighter entrance combat challenge. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 224 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 10 The test shall be given annually in the preceding year. Any employee who does not meet the standard has one (1) additional opportunity to pass the test by the end of the preceding year. Any employee receiving deferred compensation who is unable to take the combat challenge due to disability or sick leave will continue to receive the deferred compensation. Once the employee returns to full duty they have 90 days to complete the combat challenge. Section GF. Paydays shall be on the 10th and 25th of each month. Should the paydays fall on a Saturday or Sunday or holiday, paychecks shall be issued on the preceding working day. The City retains the right to mandate electronic deposit of paychecks during the life of this agreement. Section H. Effective with calendar year 2003, the City will issue semi-monthly paychecks. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. Section IG. The Employer agrees to contribute three and one half percent (3.5%) of a shift Battalion Chief/Safety Officer’s base wage per annum to a deferred compensation or income protection plan. This contribution shall expire December 31, 2009. ARTICLE 8 - OVERTIME Section A. Unless otherwise provided by the terms of this Agreement, in the event that a need for overtime should occur in the Fire & Emergency Services Department because of emergency, sickness, or other unforeseen conditions, the current procedures will be used by the Employer. Section B. Battalion Chiefs/Safety Officers assigned to days may work suppression overtime without having to use vacation or holiday time when approved by the employee’s immediate supervisor. The employee may use vacation, holiday, comp time, or executive leave time at their option. Battalion Chief/Safety Officer’s 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 225 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 11 suppression overtime rate will be 1.35 times their normal rate of pay. (Non suppression overtime, training and meeting for example will be at the current straight time rate.) ARTICLE 9 - INSURANCE Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employee’s Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co-pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. Section A. Health Insurance 1. Participation The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Firefighters – 864; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 2. Plan Coverage The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 3. Premiums For the calendar years 2010 through calendar year 2015 the total cost of the plan shall be divided as follows: City Employees 2010 96% 4% 2011 96% 4% 2012 95% 5% 2013 94% 6% 2014 93% 7% 2015 92% 8% Employee premiums will be based upon the following categories: 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 226 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 12 Employee Employee/Spouse or Domestic Partner Employee/Spouse or Domestic Partner/1 Employee/Spouse or Domestic Partner/2+ Employee/1 Employee/2+ 4. Projected Costs In August of each year the REHBT will meet to review the actual costs of the Plan from July 1st of the previous year through June 30th of the current year. The actual cost together with any projected increase to the REHP shall be used by the REHBT to determine the total premium cost for the following year. 5. Group Health Coverage Bargaining unit members that chose to be covered by Group Health insurance will be required to pay the premium cost of the self-funded plan plus any additional premium cost above the self funded plan. 6. Renton Employees’ Healthcare Board of Trustees The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT, and the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME - 2170; Firefighters -864; Police Guild; and the City for a total of four (4) votes. 7. Plan Changes The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 8. Voting Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 9. Surplus Any surplus in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. Section B: Life Insurance The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary rounded to the nearest $1,000 including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. Section C. Federal/State Healthcare Options In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. Section D. COBRA 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 227 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 13 When an employee or dependent’s health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months. Section E. Health and Wellness Program The employer agrees to pay $10.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. The employees agree to pay $5.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. This amount will be deducted from the employee’s paycheck on the 10th of each month. The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire & Emergency Services Department Policies. Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees. REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Local agrees to participate in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Firefighter Union Local 864, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union (not bargaining unit), and the City shall have one vote when considering proposed changes to the REHP. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 228 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 14 Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. Effective 01/01/2009, the City agrees to increase its share of the 2008 premium by 8 percent above the 2008 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2009. Should premiums necessary to fund the projected program costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. RENTON EMPLOYEES’ HEALTH PLAN BOARD OF TRUSTEES – Includes members of each participating Union. Each union will have a maximum of one (1) vote, i.e., the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. PLAN CHANGES – The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. VOTING – A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City’s agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example – City takes first 8.0%; Cost increases 16.0%; City pays 50% of the additional 8.0% and members pay 50% of the additional 8%. Section C. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary rounded to the nearest $1,000 including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee's spouse and $1,000 for each dependent. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 229 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 15 Section D. When a LEOFF II employee or dependent’s health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months following the date the condition is declared fixed and stable Section E. Health and Wellness program. The employer agrees to pay $10.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. The employees agree to pay $5.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. This amount will be deducted from the employees’ paycheck on the 10th of each month. The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire & Emergency Services Department Policies. ARTICLE 10 - HOURS OF WORK Section A. The normal schedule for employees of the Administration, Fire Prevention, and Training divisionsCommunity Risk Reduction, and Safety & Support Services Sections shall be equivalent to 40 hours per week exclusive of lunch. Workdays shall commence at 0800 0730 hours Monday through Friday, or as established by mutual agreement. Non-Suppression Response Operations Battalion Chiefs/Safety Officers will work up to two (2) hours of non compensated time per month. (Two hours per month, not 24 hours per year). Section B. The normal working schedule for the Fire SuppressionResponse Operations section division shall be in twenty-four (24) hour shifts beginning at 0730 hours. For Section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C., 207)(k) shall be eighteen (18) days beginning on January 2, 2010, and every eighteen (18) days thereafter, for a total of 136 hours maximum. 1.Employees will receive one "Kelly" shift every six (6) regularly scheduled shifts to reduce the normal workweek to 46.6 hours. 2.One hour for lunch and one hour for dinner and rest breaks will be allowed, in accordance with Fire & Emergency Services Department Rules 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 230 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 16 and Standard Operating Procedures. Section C. Employees may exchange shifts with prior approval of the Fire Chief, or his/her designee. No shift exchange shall be made which will result in extra payroll cost to the Employer. All shift exchanges must be repaid within twelve (12) months of date of exchange. Section D. Day Shift Differential. Employees assigned to day shift for thirty (30) consecutive days or more (excluding light duty) shall receive an additional 5.0% of a shift Battalion Chief/Safety Officer’s base wage per pay period. Section E. Working Out of Classification. Employees assigned the duties of a higher classification shall be compensated in accordance with City Policy & Procedure #300-41. ARTICLE 11 - HOLIDAYS Section A. The following are recognized as legal holidays and shall be taken by all personnel employees working a 40-hour work week: 1.The first day of January, commonly called New Year's Day. 2.The third Monday in January, commonly known as Martin Luther King, Jr.’s, birthday. 3.The last Monday in May, commonly known as Memorial Day. 4.The fourth day of July, being the anniversary of the Declaration of Independence. 5.The first Monday in September, to be known as Labor Day. 6.November 11 (Veteran’s Day). 7.The fourth Thursday of November, to be known as Thanksgiving Day. 8.The fourth Friday of November, the day after Thanksgiving Day. 9.The twenty-fifth day of December, commonly called Christmas Day. 10.The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 231 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 17 shall be a holiday for City employees when Christmas Day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 11.Three Two floating Holidays of the employee’s choice. 12.Any other day designated by public proclamation of the Chief Executive of the State, and agreed to by the Mayor or City Council, as a legal holiday. 13.For employees working a 40-hour work week, if the holiday falls on a regularly scheduled “flex” day, the employee must plot the holiday on another day. The employee will have thirty (30) days before or after to replot the holiday. All personnel employees working 24-hour shifts shall receive five (5) shifts off in lieu of the above holidays. The employee may at his/her option, sell back from zero (0) to five (5) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be paid on the second payday of February of each year. The Holiday sellback check will be issued on a separate voucher. Scheduling of holiday time off will be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. Those employees required to work Thanksgiving or Christmas Day shall receive compensation at the double-time rate for the hours worked during those holidays. The holiday conversion factor of (40/46.6 = .858) will be used when converting from a 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 232 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 18 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All Llocal 864 members will be allocated holiday hours to their payroll holiday account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. Use the following chart to determine the Holiday or Vacation leave usage per day when an individualemployee is temporarily assigned to days (such as Light Duty). Leave hours taken Conversion Factor Converted Leave Time Rounded Time Used 1 .858 1.1655 1 2 .858 2.3310 2 3 .858 3.4965 3 4 .858 4.6620 5 5 .858 5.8275 6 6 .858 6.9930 7 7 .858 8.1585 8 8 .858 9.3240 9 9 .858 10.4895 10 10 .858 11.6550 12 ARTICLE 12 - VACATIONS Section A. The use of vacation is based on the calendar year and will be pro-rated based on the date of hire. During the first five years, and longevity breaks, theTwenty-four (24) hour shift personnel member will plot the number of full shifts accrued the prior year. The memberemployee can eitherwill be paid out at the straight time rate for the odd hours remaining., or borrow enough hours to provide a complete shift to plot. 24-hour shift personnel The employee will not carry over any vacation from year to year. 1.Day staff personnel are allowed to carry over up to 2 years of vacation leave. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 233 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 19 During the course of their assignment, employees assigned to days must schedule at least 50% of his/her vacation hours accrued in the prior year by January 31. An employee may carry over the balance of accrued vacation hours into the following year, not to exceed the limits in paragraph 3.C below. 2. 3.Employees returning to shift work from his/her day shift assignment have the option of: a.Cash out half of his/her vacation hours remaining in the year and plot the other half for the following year, or b.Cash out all of the remaining hours. c.The remaining hours to be cashed out or rolled over at the end of an assignment shall be limited up to the number of hours accrued during the final year of the assignment. d.Cash out shall be at the day shift hourly rate in effect on the last day of the employee’s day shift assignment. At the discretion of the Chief, any memberemployee unable to use plotted vacation due to illness/injury, or recall to active military duty, may be paid at the straight time rate or be allowed to re-plot time off in the affected year. Personnel Employees hired mid-year will use vacation on a pro-rated basis (See Appendix C Vacation Pro-ration Schedule). The following vacation benefit schedule shall be applicable to memberemployees hired January 1 of any year: Calendar Year Hours/Shifts In Service used per year 1st 0 2 72 hrs/3 shifts 3 96 hrs/4 shifts 4 120 hrs/5 shifts 5 144 hrs/6 shifts 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 234 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 20 6-10 yrs 216 hrs/9 shifts 11-15 yrs 264 hrs/11 shifts 16 – 20 yrs 312 hrs/13 shifts 21 + yrs 336 hrs/14 shifts Each year, in the month of September, Labor and Management will produce agreed upon vacation hours for all memberemployees. The hours will be entered by Finance into each memberemployee's vacation account to be used the following year. Section B.When an memberemployee is assigned to days, or movesd back to 24-hour shift, the vacation conversion factor (40/46.6 = .858) will be used. When an memberemployee is temporarily assigned to days for longer than 1 six (6) pay periods, due to illness, injury, or temporary assignment, sick leave, holidays and vacation will be converted if necessary. Upon re-assignment to shift, the remaining hours will be converted back to shift. To convert from 24-hour shift to days: shift vacation allocation x .858 = day staff vacation hrs To convert from day staff to 24-hour shift: day staff vacation balance ÷ .858 = shift vacation hrs All memberemployees will be allocated hours to their payroll vacation account based upon their 24-hour shift/day staff assignment. In cases of mid-year assignment changes, the unused portion of vacation will be converted. At the discretion of the Chief, when a day staff memberemployee is assigned mid-year to 24-hour shift, the converted vacation hours will be plotted in the affected year, or paid at the straight time rate. Vacation will be taken at the employee’s request and will be granted in accordance with Department SOP with the approval of the section Deputy Chief. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 235 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 21 Section C. Scheduling of vacation time shall be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. When staffing levels permit, a certain number of available staff shall be permitted to schedule time off, including any holidays and, “Kelly” days and bonus sick days that may have accrued. ARTICLE 13 - SICK LEAVE Sick leave benefits are hereby fixed and established in the following manner: Section A. The employer agrees to allow each LEOFF I employee hired before October 1, 1977, sick leave benefits computed on the following basis: All LEOFF I members will accrue sick leave at a rate of - Twenty-four (24) hours per month up to a maximum balance of one hundred sixty-eight (168) hours and at a maximum accrual rate of 168 hours per year. Section B. In case of sickness or disability, the LEOFF I employee shall first use and exhaust any and all sick leave benefits accrued pursuant to Subsection A herein above prior to receiving any sick or disability benefits pursuant to RCW 41.26.150 and/or for RCW 41.26.120. Sick leave benefits shall not be accrued during any period while such employee is on "disability leave" or "disability retirement" under the provisions of the LEOFF System. However, if such employee is returned to full active duty with the Employer prior to the expiration of the six-month period and prior to any final disability retirement, then such leave credit shall accrue to his/her benefit during such temporary period of disability. Section C. The LEOFF II Employer agrees to allow each employee hired after October 1, 1977, sick leave benefits computed on the fFollowing, basis: All LEOFF II members employees will accrue sick leave at a rate of - Twelve 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 236 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 22 (12) hours per month up to a maximum accrual of one thousand, four hundred and forty hours (1,440). Sick leave benefits under this paragraph will begin accruing upon employment with the award of the thirty-six (36) hours of sick leave. Upon completion of the third month of employment, an additional thirty-six (36) hours of sick leave will accrue at the rate of twelve hours per month to a maximum of 1,440 hours. At no time shall the total sick leave accrued under this section and the supplemental sick leave benefits available under Section H exceed 1,440 hours. Cash payment for sick leave accrued under Section C of this Article will be made upon an employee’s death, retirement or voluntary separation while in good standing at the rate of one-half (1/2) regular pay for each hour accrued. Employees hired on or after January 1, 1994 shall not be eligible for cash out of accrued sick leave. This provision does not apply to any injury leave benefits provided under Section D and supplemental sick leave benefits provided under Section H of this Article. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty-related. Section D. All LEOFF II personnel covered by either of the above contracts will receive up to six consecutive calendar months of full pay and benefits for L & I qualified duty-related disabilities. The maximum period of this benefit will not exceed six consecutive calendar months. 1.The coverage starts on the first day or shift of time loss. 2.The individualemployee with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six consecutive calendar months or less. 3.No Vacation or Holiday leave can be used during the six consecutive calendar month period. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 237 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 23 4.Any light duty performed during the period of disability will not extend the period of the six consecutive calendar months. 5.This benefit will conclude when any of the following conditions occur: a.The individualemployee is cleared for return to full-duty; b.The individualemployee remains on disability and completes their six consecutive calendar months; or, c.During the six consecutive months, the Department of L & I declares the individualemployee to be “fixed and stable” with a disability that permanently prevents a return to full duty. 6.The intent of this agreement is to make an injured memberemployee financially “whole” for the duration of the benefitsrecovery period. The total compensation received by an injured memberemployee will not exceed their regular duty compensation. 7.All benefits provided in accordance with the contract will continue to accrue while an individualemployee is using the LEOFF II OJI Benefit. 8.Reimbursement Checks from the Third Party Administrator (TPA) for City of Renton. a.All TPA reimbursement checks sent to the individualemployee must be submitted to the City of Renton. 1)Checks must be submitted within 30 days of receipt by the memberemployee. 2)The memberemployee must endorse the check to the City of Renton. b.The intent of the six months of coverage is to make the individualemployee financially “whole”. The total compensation received by the memberemployee will not exceed his or her regular, duty compensation. 9.In accordance with State law, Memberemployees will be reimbursed for all approved L & I travel expenses. 10.Crediting of TPA Wage Reimbursement checks once the initial six consecutive calendar months of full coverage by the City has been 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 238 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 24 completed. a.The individualemployee must submit his or her reimbursement check to the City of Renton as identified above. b.In turn, the City will credit the memberemployee’s sick leave account. The amount of sick leave credit will be determined by dividing the check’s value by the memberemployee’s regular hourly rate (including premiums). The number of hours (and any fraction thereof) will be added to the balance of the memberemployee’s sick leave account. c.This process will continue until the individualemployee exhausts his or her personal sick leave. If an employee terminates employment with the Employer for reasons other than disability, lay-off, or retirement, the value of any injury leave used from this bank but not accrued shall be paid back to the Employer through payroll deduction. Section E. Accrued sick leave may be used to care for a child under eighteen years of age with a health condition that requires treatment or supervision, including preventative health care, as specified in WAC 296-130-010 through 296-130-500. For the purposes of this section, child is defined as the natural or adopted child of the employee, the natural or adopted child of the employee’s spouse or a child under the employee’s legal guardianship, legal custody, or foster care. Available sick leave may be granted upon permission from the Chief of the Department or, in his/her absence, the senior officer in charge in the case of sudden family emergencies other than the care of a child under eighteen years of age with a health condition that requires treatment or supervision. Such sick leave shall be used in accord with department regulations. Section F. This section applies to any LEOFF I or LEOFF II employee who accrues sick leave benefits under Section A and C of this Article. The Sick Bonus is granted 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 239 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 25 based on the amount of sick leave hours used (excluding FMLA illness/injury or OJI) in the previous calendar year as described in the table below. The amount of Sick Bonus hours issued will be based on whether the individualemployee is assigned to shift or days in February of the current year. As noted, day staff usage and payment will be calculated at the conversion rate of .858 rounded to the nearest whole hour for all hours in this section. Payment will be issued on a separate voucher on the second payday in February. Shift Sick Leave Hours Used 0 >0 to 24 >24 to 48 >48 Converted Hours Used on Days 0 >0 to 21 >21 to 41 >41 Shift Bonus = 24 hrs Double time Time and one half Straight time No bonus Day Bonus = 21 hrs Double time Time and one half Straight time No bonus Section G. During the term of this Agreement, Suppression Response Operations personnel hired after October 1, 1977 (LEOFF II) may, in case of personal illness or off duty disability, be granted supplemental sick leave upon permission from the Chief of the Department after any and all sick leave accrued pursuant to Section C of this Article has been exhausted. Supplemental sick leave benefits shall be computed at the rate of twelve (12) hours per month for each full month of employment from January 1, 1994. At no time shall the total sick leave accrued under section C of this Article and the supplemental sick leave benefits available under this section exceed 1,440 hours. Section H. All LEOFF II employees having an extended injury or illness are eligible for 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 240 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 26 up to 12 months of light duty. Section I. The sick leave conversion factor of (40/46.6 = .858) will be used when converting from a 24 hour shift to day shift or from a day shift to 24 hour shift. To convert from a 24 hour shift to day shift take the 24 hour shift hours x.858 = new day shift hours. To convert from day shift to 24 hour shift hours take the day shift hours /.858 = new 24 hour shift hours. Rounded to the nearest whole hour. All local 864 memberemployees will be allocated sick leave hours to their payroll sick leave account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. Please use the following chart to determine sick leave usage per day when an individualemployee is temporarily assigned to days (such as light duty). Sick Leave Hours Taken Per Day Conversion Factor Converted Time Used Rounded Leave Used Per Day 1.0 0.858 1.165501166 1.25 1.25 0.858 1.456876457 1.5 1.5 0.858 1.748251748 1.75 1.75 0.858 2.03962704 2.0 2.0 0.858 2.331002331 2.25 2.25 0.858 2.622377622 2.5 2.5 0.858 2.913752914 3.0 2.75 0.858 3.205128205 3.25 3.0 0.858 3.496503497 3.5 3.25 0.858 3.787878788 3.75 Sick Leave Hours Taken Per Day Conversion Factor Converted Time Used Rounded Leave Used Per Day 3.5 0.858 4.079254079 4.00 3.75 0.858 4.370629371 4.25 4.00 0.858 4.662004662 4.75 4.25 0.858 4.953379953 5.0 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 241 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 27 4.50 0.858 5.244755245 5.25 4.75 0.858 5.536130536 5.5 5.00 0.858 5.827505828 5.75 5.25 0.858 6.118881119 6.00 5.50 0.858 6.41025641 6.5 5.75 0.858 6.701631702 6.75 6.0 0.858 6.993006993 7.00 6.25 0.858 7.284382284 7.25 6.5 0.858 7.5757576 7.5 6.75 0.858 7.867132 7.75 7.00 0.858 8.158508 8.25 7.25 0.858 8.44988 8.5 7.5 0.858 8.74125 8.75 7.75 0.858 9.03263 9.00 8.00 0.858 9.324009 9.25 8.25 0.858 9.615384 9.5 8.5 0.858 9.906759 10.0 8.75 0.858 10.1981 10.25 9.00 0.858 10.48951 10.5 9.25 0.858 10.78088 10.75 9.5 0.858 11.07226 11.0 9.75 0.858 11.36363 11.25 10.0 0.858 11.65501 11.75 ARTICLE 14 - FUNERAL LEAVE Time off with pay for up to one (1) shift or day shall be allowed granted to employees covered hereunder by this agreement for the purpose of attending a funeral of the employee's mother, father, brother, sister, spouse, child, domestic partner, domestic partner’s child, mother-in-law, father-in-law, grandchild, or grandparents. These hours shall be noted as bereavement leave and shall not affect vacation or sick leave accumulations. When special conditions exist, up to three shifts of sick leave may be 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 242 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 28 granted, upon proper request, for the purpose of attending a funeral as described above. All requests for extended funeral leave shall be approved by the Fire Chief. Members of the Bargaining Unit shall be permitted to attend funeral services on duty for family members of Local 864 employees. Employees scheduled to work the day of a funeral shall be able to attend the service within their response area and will respond to calls for services as requested. The City and the Union also agree that daily work schedules will be completed as if no interruption in work resulted from attending a funeral service and would result in not overtime cost to the City. ARTICLE 15 - UNIFORM ALLOWANCE Section A. Uniform Allowance. Each employee shall receive a uniform allowance of 1.25% of top step of firefighter annual base pay. The Uniform allowance paycheck will be paid on a separate voucher on the Second Payday in February. The purpose of such allowance is to buy, maintain, and/or repair any equipment or clothing required by the Employer which is not furnished by the Employer. All employees covered shall have and maintain 3 house uniforms after the year 2006 uniform allowance. The employee will also be required to maintain a pair of approved safety boots as stated in the SOP’s. The replacement costs of these boots will be borne by the employee. The allowance is subject to a pro rata deduction from the employee’s final paycheck in the event he/she does not serve the entire twelve months for which such payment was made, with the exception of an employee who retires or expires, in which event no deduction shall be made. In lieu of this allowance and at the employer’s option, a quartermaster system may be instituted. Under this program the employer would purchase and maintain, including cleaning, any equipment or clothing required by the employer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Periodic inspections may be conducted at the discretion of the Chief to monitor the appearance and serviceability of uniform clothing and equipment. It shall be the responsibility of the individualemployee employee to replace any piece of clothing or 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 243 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 29 equipment, which the Chief determines, is substandard. The Employer shall furnish all protective clothing or protective devices required of the employees in the performance of their duties to the employees. Such protective clothing and devices will remain the property of the Employer and shall be worn only in the performance of Renton Fire & Emergency Services Department duties. ARTICLE 16 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 1: The Local's Grievance Committee, upon receiving a written and signed petition within shall have two (2) weeks from the date of the actual grievance, toshall determine if a grievance exists. If in their opinion no grievance exists, the matter is closed. Step 2: If in the opinion of the Grievance Committee a grievance exists, the Committee shall within two weeks after receiving the grievance present the grievance in writing to the Chief of the Fire & Emergency Services Department for adjustment. Step 3: If within ten (10) business days the grievance has not been settled, it then shall be submitted and presented to the Mayor by Local 864. Step 4: If within ten (10) business days the grievance has not been settled in Step 3, it shall then bethe Union will notify the City, in writing, of its intent to submit the grievance submitted to arbitration for adjustment. The power and authority of the Arbitration Board shall be limited to the interpretation of the terms of this Agreement. The Board shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the express terms of this Agreement. The Arbitration Board shall consist of a representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members and who will preside as Chairman. If the two cannot agree within seven (7) days on the selection of the Chairman, the matter then shall be submitted to the Federal Mediation and Conciliation Services for seven (7) names of Arbitrators who reside in the State of Washington. The Employer and the Local shall strike names alternately, the final remaining name shall be the neutral third party. Each 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 244 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 30 party will pay for his/her own arbitrator and the expenses of the third will be shared equally between the parties. Meetings of the Arbitration Board shall be attended by all three members. A decision of the majority of the Arbitration Board shall be final and binding on all parties as to the issues submitted to it for decision. ARTICLE 17 - SAVINGS CLAUSE Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such articles. Section B. The Employer and the Local reserve the right to address, through reopening of the contract, any effects that the Fair Labor Standards Act, or any amendments thereto, may have on the application of the provisions of the Labor Agreement. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 245 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 31 ARTICLE 18 - DURATION OF AGREEMENT Section A. This Agreement shall become effective January 1, 20092010, and shall remain in full force and effect until December 31, 20092012. Section B. The Agreement expressed herein in writing concludes collective bargaining for its term and constitutes the entire Agreement between the parties. All rights and duties of both parties are specifically expressed in this Agreement and such expression is all-inclusive. No oral statement shall add to or supersede any of its provisions. Section C. For the duration of this agreement, no party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. Signed this _________ day of ____________________, 2008 2010 at Renton, Washington. CITY OF RENTON:RENTON BATTALION CHIEFS/SAFETY OFFICERS: Denis Law, Mayor Craig SoucyDoug McDonald, President I. David DanielsMark Peterson, Fire & Emergency Services ChiefAdministrator Kris Hanson, TrusteeMark dos Remedios, Vice President Nancy Carlson, Human Resources & Risk Management Administrator Roy Gunsolus, Battalion Chief Representative Bill Flora, Deputy Fire ChiefMichael R. Webby, Consultant Stan Engler, Battalion Chief Representative 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 246 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 32 Eileen Flott, Human Resources Manager Robert Van HorneCindy Zinck, Fire Deputy ChiefFinancial Services Manager Lucinda GibbonJanelle Tarasewicz, Human Resources Analyst ATTEST: Bonnie I. Walton, City Clerk APPROVED AS TO FORM: Lawrence J. Warren, City Attorney 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 247 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 33 APPENDIX A Salaries Section A. Effective January 1, 2009, salaries shall be increased by 115% of Captain’s 2009 base wage. Effective January 1, 2009, salaries shall be increased by 5.5%. 1.Effective January 1, 2010, the base wages for all positions in the bargaining unit shall be the same as the wages in place in 2009. 2.Effective January 1, 2011, base wages shall be increased by 1% above the wages in place in 2010. 3. Effective January 1, 2012, the base wages shall be increased by 2.5% above the wages in place in 2011. Section B. The following employee base wage shall be in effect during the life of this contract: Year Hourly Rate Shift BC Admin BC January 1, 20092010 $44.62 per hour $9,036 per month $9,488 per month Hourly rates are based on 2430 hours per year. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 248 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 34 APPENDIX B VACATION PRO-RATION SCHEDULE MemberEmployees hired mid-year will use vacation based on the following schedule: Calendar Yr Hrs/Shifts Pre-hire date Post-hire date in Service used per year accrual/pp accrual/pp 1 0 3 2 Prorate 3 4 3 Prorate 4 5 4 Prorate 5 6 5 Prorate 6 9 6 Prorate 9 9 7-9 216 hrs/9 shifts 9 9 10 216 hrs/9 shifts 9 11 11 Prorated 11 11 12-14 264 hrs/11 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/13 shifts 13 13 20 312 hrs/13 shifts 13 14 21 Prorated 14 14 21+336 hrs/ 14 shifts 14 14 Mid year hires - Start accruing three (3) hours per pay period from the starting date. For the first five (5) years, on the anniversary date, the accrual will be raised to the next level. Therefore, each of those years the number of shifts taken will be based on what had accrued the prior year. The memberemployee would plot full 24-hour shifts, and either be paid out at the straight time rate for the odd hours remaining., or borrow enough hours to provide a complete shift to plot. In earning the prior year what they use the following year, they would earn odd hours in the year of the 5th, 10th, 15th and 20th year anniversary, and use what they accrued the prior year. The odd hours would be affecting the vacation plotted the year following their anniversary. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 249 of 469 Battalion Chiefs/Safety Officers’ Contract 20092010-2012 35 Mid year retirement/termination – based on the date of retirement/termination, the number of vacation hours unused for the current year, plus the number of hours accrued in the current year would be paid out to the employee. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 250 of 469 AGREEMENT By and Between CITY OF RENTON and RENTON FIREFIGHTERS LOCAL 864 January 1, 2009 2010 – December 31, 20092012 TABLE OF CONTENTS 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 251 of 469 Renton Firefighters Local 864 20092010 – 2012 2 Page 2 of 44 Preamble 38 88 Article 1 Recognition and Bargaining Unit 3 Article 2 Union Membership & Dues Deduction 48 88 Article 3 Employment Practices 68 88 Article 4 Hours of Work 8 Article 5 Salaries 10 Article 6 Departmental Work Rules 108 88 Article 7 Sick Leave 118 88 Article 8 Holidays 16 Article 9 Educational Incentive & Promotional Qualifications 188 88 Article 10 Vacations 19 Article 11 Death in Family 228 88 Article 12 Longevity 228 88 Article 13 Pensions 228 88 Article 14 Insurance 238 88 Article 15 Deferred Compensation/Income Protection Plan 278 88 Article 16 Management Rights 278 88 Article 17 Performance of Duty 298 88 Article 18 Definition of Duties 298 88 Article 19 Overtime 308 88 Article 20 Retention of Benefits 328 88 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 252 of 469 Renton Firefighters Local 864 20092010 – 2012 3 Page 3 of 44 Article 21 Grievance Procedure 328 88 Article 22 New Positions 338 88 Article 23 Successors and Assigns 348 88 Article 24 Savings Clause 348 88 Article 25 Entire Agreement 348 88 Article 26 Duration of Agreement 358 88 Appendix A Salaries 378 88 Appendix B Longevity 378 88 Appendix C Vacation Pro-Ration Schedule 398 88 PREAMBLE This Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Firefighters Local 864, hereinafter referred to as the Local or Union, governing wages, hours, and working conditions. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. The Employer recognizes the Local as the exclusive representative of all members employeesclassifications of the Renton Fire & Emergency Services Department, as listed in Appendix A, consistent with Department of Labor & Industries certification (Case No. 0-1013). Section B. The elected President, or any other members of the Local appointed by the President, shall be recognized by the Employer as an official of the Local empowered to act on behalf of the members of the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 253 of 469 Renton Firefighters Local 864 20092010 – 2012 4 Page 4 of 44 unit for negotiating with the Employer. The number of official representatives, representing the Local on any matter, shall be limited to three persons. The Union recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. Section C. The Employer recognizes the Local’s right to operate and manage its affairs in accord with its Constitution and By-Laws. The Local agrees and covenants to act strictly in conformity with its Constitution and By-Laws, with all State statutes, and with the terms set forth in this agreement. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. The Employer and the Local agree that all employees covered by the terms of this Agreement who are members of the Local on the execution date of the Agreement shall remain members and those who are not members on the execution date of this Agreement shall, on or before the thirtieth day following the execution date of this Agreement, become and remain members of the Local. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall, on the thirtieth day following the beginning of such employment, become and remain members of the Local. PROVIDED: The right of non-association of members employees of the Renton Fire & Emergency Services Department based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times, and such public employee shall pay such a sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". Section B. The Employer will grant to employees who are Union representatives reasonable time off with pay for the purpose of attending scheduled sessions with City officials that concern Union business provided that normal flow at work is not interrupted. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 254 of 469 Renton Firefighters Local 864 20092010 – 2012 5 Page 5 of 44 Beginning in 2011, the City will provide a bank of $10,000 per calendar year to pay to backfill Union representatives that are out on Union business. The Employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety. or result in the necessity to replace the officials requesting time off with personnel in compensated status resulting in an increased cost to the Employer. Section C. Upon written authorization by an employee and approval by a representative of the Local, the Employer agrees to deduct from the wages of each employee the sum certified as initiation fee and once each month Union dues and forward the sum to the Local's Secretary or Treasurer. If an employee does not have a check coming to him/her or the check is not large enough to satisfy the assessments, no deduction shall be made from the employee for that calendar month. The Union agrees to hold the Employer harmless from any claims filed by employees against the Employer arising out of the Employer's activities to enforce the provisions of this article, except those caused by negligence by the Employer. Section D. Local 864 shall have the option during the life of this contract to direct the City to deduct a fixed dollar/percentage from the base salaries for all classifications covered by the contract. The City shall deposit such deduction biweekly into a trust fund established by the Association to pay health insurance premiums for eligible retirees and dependents as directed by the Union. Upon the exercise of this option, the Association agrees to allow the City to audit the books and records of the trust it establishes, at the City’s request, and to indemnify, defend and hold the City harmless from any and all liability, claims, demands, suit or any loss or damage, or injury to persons of property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. Section E. The employer Employer will allow Local 864 the option to 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 255 of 469 Renton Firefighters Local 864 20092010 – 2012 6 Page 6 of 44 have funds deducted from their paychecks 12 times annually to allow for contribution to the IAFF Fire PAC and WSCFF Fast PAC programs. The employer Employer will cut one check to the IAFF made out to the IAFF Fire PAC and one check to the WSCFF Fast PAC made out to the WSCFF Fast PAC a check once a month to Local 864. The check will be made out to the IAFF Fire Pac and Local 864 will be responsible for the delivery of the checks to the IAFF and to the WSCFF. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel reductions, vacancies, and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and state laws relating or pertaining thereto. Section B. Personnel Files. The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Fire & Emergency Services Department and the Human Resources & Risk Management Department, as needed. This provision shall not restrict such information from becoming subject to due process by any court or administrative tribunal. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and the employee. Provided, that Nnothing in this Section shall prevent all any employees from viewing his/her original personnel file. in its entirety upon request.A request to review the personnel file must be made inat least 24 hours in advance . advance. The Employer and the employee agree that nothing of a disciplinary nature shall be inserted into the personnel file without a copy first going to the employee. All disciplinary notices or memoranda shall be removed from the personnel files after Forty-eight (48) months.Written warnings shall be expunged from personnel files (at employee’s written request) after a maximum period of two (2) years if there is no reoccurrence of misconduct for which the employee was disciplined during that period. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 256 of 469 Renton Firefighters Local 864 20092010 – 2012 7 Page 7 of 44 Any record of serious discipline, defined as suspension or greater, with the exception of discipline for discrimination, harassment, or retaliation shall be expunged from the personnel files after a maximum of four (4) years if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer’s case if it is engaged in litigation with the employee regarding that employee’s employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files although such files may not be used in discipline and discharge cases if they could not otherwise be retained in personnel files pursuant to this section. Personnel files shall be released to the Civil Service Commission for the purpose of promotional examinations and in the event of disciplinary hearings. Section C. It is agreed by the Employer and the Local that both parties are obligated to provide equality of opportunity, consideration, and treatment of all members employees employed by the Renton Fire & Emergency Services Department in all phases of the employment process. Therefore, both the Union and the Employer agree not to discriminate on the basis of Union activity, race, color, creed, sexgender, national origin, age, handicap disability (unless a bona fide occupational qualification exists), and ethnic group, marital status, religion or sexual orientation. (Including those persons exercising their rights under Article 2, Section A.) Section D. Any employee in a classification listed in Appendix A shall accrue seniority through continuous employment with the Renton Fire & Emergency Services Department including those employees that become members of the bargaining unit as a result of merger. The Employer shall establish a seniority list and shall update it at least once per calendar year. The seniority list shall be posted on the bulletin board with a copy sent to the Secretary of the Union. This list shall be established by classification. Layoffs will be based on seniority with the first layoff being the employee with the least amount of time within the Renton Fire & Emergency Services Department. In the event of the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 257 of 469 Renton Firefighters Local 864 20092010 – 2012 8 Page 8 of 44 abolishment of a position the employee(s) with the least amount of time in rank shall be laid off or dropped in rank. An employee will not be reduced in rank by more than one classification as a result of layoffs or staff reductions. In the event an employee is rehired the Chief will have the discretion to determine an adequate amount of training necessary to resume the duties of the position. If a layoff is necessary the employee will be placed on a rehire list that will last for (5) five years. In the event of rehire purposes the list will be used as the sole list and will be used until it has been depleted and or (5) years has expired. After six (6) months in a laid off status a physical examination is a prerequisite for reemployment. A reinstated employee shall serve a probationary period of one year if the employee has been laid off form two and one half years (2 ½) or more. A rehired employee will assume rank and time in grade equal to their classification at the time of separation. ARTICLE 4 - HOURS OF WORK Section A. For the purpose of defining working hours, the department shall be divided into the following sections: Community Risk Reduction (formerly Prevention), Safety and Support Services (formerly both Administration and Training) and Response Operations (formerly Fire Suppression). Section B. The normal schedule for employees assigned to either Community Risk Reduction or Safety and Support Services sections shall be equivalent to 40 hours per week exclusive of lunch. Workdays shall commence at as early as 0600 or as late as 0900 hours, Monday through Friday, in any combination of the following mutually agreed schedules: (4) – 10 hour days per week, or (5) – 8 hour days per week, or (8) – 9 hour days, (1) 8 hour day and every other Monday or Friday off in a pay period (a ‘9-80’ schedule). Section C. The normal working schedule for the Fire Response 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 258 of 469 Renton Firefighters Local 864 20092010 – 2012 9 Page 9 of 44 Operations division shall be in twenty-four (24) hour shifts as follows. For Section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C., 207)(k) shall be eighteen (18) days beginning on January 2, 2010 and every eighteen (18) days thereafter, for a total of 136 hours maximum: 1.Employees will work one twenty-four-(24) hour shift followed by forty-eight (48) hours off duty. The working shift will begin at 0800 hours, except for a Captain working as an Acting Battalion Chief/Safety Officer. Acting Battalion Chiefs/Safety Officers will start at 0730 hours. 2.Employees will receive one "Kelly" shift every six (6) regularly scheduled shifts to reduce the normal workweek to 46.6 hours. 3.A one-hour lunch break, and a one-hour dinner break, shall be included in the daily work schedule, in accordance with Fire & Emergency Services Department Rules and Standard Operating Procedures . 4.Rest breaks will be allowed in accordance with Fire & Emergency Services Department Rules and Standard Operating Procedures. Section D. Training and drill hours shall be from 0800 to 2200 hours Monday through Sunday. Night drills will be scheduled by management for the purpose of maintaining operational skills in the area of night fire response operations and interdepartmental cooperation. For purposes of this Section, training is defined to include those subjects and classifications of training as set forth in the International Fire Service Training Association Manual, Current Edition and the Washington State Joint Apprenticeship Training Council. Training does not include other forms of scheduled work such as maintenance and repair of equipment and facilities, inspections, public instruction, and directly related activities unless the foregoing are being taught as part of a regularly scheduled classification of training. Section E. Employees may exchange shifts with prior approval of the company supervisor and in accord with Fire & Emergency Services Department Rules and Regulations. No shift exchange shall be made which will result in extra payroll cost to the Employer. All shift exchanges must be repaid within twelve (12) months of date of exchange. Section F. Standby Pay: Employees performing standby duty encompassing either “Safety officerOfficer” or Response Operations will be paid at a rate of fFive (5) dollars an hour. Employees on the list will remain in a duty ready state and available to respond within one (1) 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 259 of 469 Renton Firefighters Local 864 20092010 – 2012 10 Page 10 of 44 hour for a response operations recall and 30 minutes for a Safety officer Officer recall. Employees on the list will be paid for an entire 24 hour shift unless they are activated, at that time the employee will transfer to the appropriate pay rate of 1.5 times straight time pay. ARTICLE 5 - SALARIES Section A. Salaries shall be paid in accord with Appendix A of this Agreement. Section B. Paydays shall be on the 10th and 25th of each month. Should the paydays fall on a Saturday or Sunday or holiday, paychecks shall be issued on the preceding working day. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. The City retains the right to mandate electronic deposit of paychecks during the life of this agreement. Section C. When an error has been made on a paycheck affecting the regular pay, which includes premiums, payroll will make every effort to correct the error(s) within ten (10) business days. If an error has been made affecting pay other than regular pay, which includes premiums, the correction will be made on the following paycheck after the error was reported to payroll. ARTICLE 6 - DEPARTMENTAL WORK RULES Section A. Notification of Changes. Excluding emergency situations, the Employer agrees to notify the Local in advance of changes or hearings affecting working conditions of any employee covered by this Agreement,. and conferences in good faith shall be held thereonAt the request of the Local, the Employer agrees to meet and confer with the Local before such changes are put into effect. Section B. Uniform Allowance. Each employee shall receive a uniform allowance of 1.25% of top step of firefighter annual base pay. The Uniform allowance paycheck will be paid on a separate voucher on the Second Payday in February. The purpose of such allowance is to buy, maintain, and/or repair any equipment or clothing required by the Employer which is not furnished by the Employer. All employees covered shall have and maintain 3 house uniforms. The employee will also be required to maintain a pair of approved safety boots as stated in the SOP’s. The replacement costs of these boots will be borne by the employee. The allowance is subject to a pro rata deduction from the employee’s final paycheck in the event he/she does not serve the entire twelve months for which such payment was made, with the exception of an employee who retires or expires, in which event no deduction shall be made. In lieu of this allowance and at the employer’s Employer’s option, a quartermaster system may be instituted. Under this program the employer Employer would purchase and maintain, including cleaning, any equipment or clothing required by the employerEmployer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Periodic inspections may be conducted at the discretion of the Chief to monitor the appearance and serviceability of uniform clothing and equipment. It shall be the responsibility of the individual employee to replace any piece of clothing or equipment, which the Chief determines, is substandard. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 260 of 469 Renton Firefighters Local 864 20092010 – 2012 11 Page 11 of 44 The Employer shall furnish all protective clothing or protective devices required of the employees in the performance of their duties; such protective clothing and devices will remain the property of the Employer and shall be worn only in the performance of Renton Fire & Emergency Services Department duties. Section C. Working Out of Classification. A Firefighter or officer who is assigned to assumes the duties of a higher classification as set forth in the Fire & Emergency Services Department Standard Operating Procedures shall be paid at the rate of the higher classification hour for hour. An officer from the Captain’s rank or higher may be assigned to assume the role of Acting Deputy Fire Chief. The Acting Deputy Fire Chief will receive compensation as the Battalion Chief/Safety Officer’s rate per the current bargaining agreement and maintain all benefits in such agreement including the eligibility to work overtime as outlined in Article 19. They will also receive the day shift differential pay for the period of the assignment. Members Employees acting in this position will remain members of Local 864. Section D. Assignment outside Response Operations. Firefighters, Lieutenants and Captains assigned to day shift for 30 consecutive days or more (excluding light duty) shall receive an additional 5 percent (5%) of the employee’s base wage per pay period. All contract provisions relative to working out of classification or relative to holidays shall be applicable. Employees assigned to day positions will may be assigned to that position for up to two (2) years. Additional time in that position may be mutually agreed upon in one (1) year increments. If that member employee is promoted outside of that position, the two (2) year commitment to the position from which they are promoted will be waived. ARTICLE 7 - SICK LEAVE Sick leave benefits are hereby fixed and established in the following manner: Section A. The employer Employer agrees to allow each LEOFF I employee hired before October 1, 1977 sick leave benefits computed on the following basis: All LEOFF I members will accrue sick leave at a rate of - Twenty-four (24) hours per month up to a maximum balance of one hundred sixty-eight (168) hours and at a maximum accrual rate of 168 hours per year. Section B. In case of sickness or disability, the LEOFF I employee shall first use and exhaust any and all sick leave benefits accrued pursuant to Subsection A herein above prior to receiving any sick or disability benefits pursuant to RCW 41.26.150 and/or for RCW 41.26.120. Sick leave benefits shall not be accrued during any period while such employee is on "disability leave" or "disability retirement" under the provisions of the LEOFF System. However, if such employee is returned to full active duty with the Employer prior to the expiration of the six-month period and prior to any final disability retirement, then such leave credit shall accrue to his/her benefit during such temporary period of disability. Section C. The LEOFF II Employer agrees to allow each employee hired after October 1, 1977, sick leave benefits computed on the Ffollowing, basis: 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 261 of 469 Renton Firefighters Local 864 20092010 – 2012 12 Page 12 of 44 All LEOFF II members employees will accrue sick leave at a rate of - Twelve (12) hours per month up to a maximum accrual of one thousand, four hundred and forty hours (1,440). Sick leave benefits under this paragraph will begin accruing upon employment with the award of the thirty-six (36) hours of sick leave. Upon completion of the third month of employment, an additional thirty-six (36) hours of sick leave will accrue at the rate of twelve hours per month to a maximum of 1,440 hours. At no time shall the total sick leave accrued under this section and the supplemental sick leave benefits available under Section H exceed 1,440 hours. Cash payment for sick leave accrued under Section C of this Article will be made upon an employee’s death, retirement or voluntary separation while in good standing at the rate of one-half (1/2) regular pay for each hour accrued. Employees hired on or after January 1, 1994, shall not be eligible for cash out of accrued sick leave. This provision does not apply to any injury leave benefits provided under Section D and supplemental sick leave benefits provided under Section H of this Article. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty-related. Section D. LEOFF II OJI Benefit. All LEOFF II personnel employees will receive up to six (6) consecutive calendar months of full pay and benefits for L & I qualified duty-related disabilities. The maximum period of this benefit will not exceed six consecutive calendar months. 1.The coverage begins the first day or shift of time loss. 2.The individual employee with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six consecutive calendar months or less. 3.No Vacation or Holiday leave can be used during the six consecutive calendar month period. 4.Any light duty performed during the period of disability will not extend the period of the six consecutive calendar months. 5.This benefit will conclude when any of the following conditions occur: a.The individual employee is cleared for return to full duty; b.The individual employee remains on disability and completes their six consecutive calendar months; or, c.During the six consecutive months, the Department of L & I declares the individual to be ‘fixed and stable’ with a disability that permanently prevents a return to full duty. The intent of this agreement is to make an injured member financially ‘whole’ for the duration of the benefitsrecovery period. The total compensation received by an injured member employee will not exceed their regular duty compensation. All benefits provided in accordance with the contract will continue to accrue while an individual employee is using the LEOFF II OJI benefit. Reimbursement Checks from the Third Party Administrator (TPA) sent to an individual employee must be submitted to the City of Renton within 30 days of receipt by the memberemployee. The member employee must endorse the check to the City of Renton. The 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 262 of 469 Renton Firefighters Local 864 20092010 – 2012 13 Page 13 of 44 intent of the six months of coverage is to make the individual employee financially ‘whole’. The total compensation received by the member employee will not exceed their regular duty compensation. Members In accordance with State law, employees will be reimbursed for all approved L & I travel expenses. Crediting of TPA Wage Reimbursement checks once the initial six consecutive calendar months of full coverage by the City has been completed: 1.The individual employee must submit their reimbursement check to the City of Renton as identified above. 2.In turn, the City will credit the member’s employee’s sick leave account. The amount of sick leave credit will be determined by dividing the check’s value by the member’s employee’s regular hourly rate (including premiums). The number of hours (and any fraction thereof) will be added to the balance of the member’s employee’s sick leave account. 3.This process will continue until the individual employee exhausts their personal sick leave. If an employee terminates employment with the Employer for reasons other than disability, lay-off, or retirement, the value of any injury leave used from this bank but not accrued shall be paid back to the Employer through payroll deduction. Section E. Accrued sick leave may be used to care for a child under eighteen years of age with a health condition that requires treatment or supervision, including preventative health care, as specified in WAC 296-130-010 through 296-130-500. For the purposes of this section, child is defined as the natural or adopted child of the employee, the natural or adopted child of the employee’s spouse or a child under the employee’s legal guardianship, legal custody, or foster care. Available sick leave may be granted upon permission from the Chief of the Department or, in his/her absence, the senior officer in charge in the case of sudden family emergencies other than the care of a child under eighteen years of age with a health condition that requires treatment or supervision. Section F. This section applies to any LEOFF I or LEOFF II employee who accrues sick leave benefits under Section A and C of this article. The Sick Bonus is granted based on the amount of sick leave hours used (excluding FMLA illness/injury or OJI) in the previous calendar year as 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 263 of 469 Renton Firefighters Local 864 20092010 – 2012 14 Page 14 of 44 described in the table below. The amount of Sick Bonus hours issued will be based on whether the individual employee is assigned to shift or days in February of the current year. As noted, day staff usage and payment will be calculated at the conversion rate of .858 rounded to the nearest whole hour for all hours in this section. Payment will be issued on a separate voucher on the second payday in February. Shift Sick Leave Hours Used 0 >0 to 24 >24 to 48 >48 Converted hours used on days 0 >0 to 21 >21 to 41 >41 Shift Bonus = 24 hrs Double time Time and one half Straight time No bonus Day Bonus = 21 hrs Double Time Time and one half Straight time No bonus Section G. During the term of this Agreement, Response Operations personnel hired after October 1, 1977 (LEOFF II) may, in case of personal illness or off duty disability, be granted supplemental sick leave upon permission from the Chief of the Department after any and all sick leave accrued pursuant to Section C of this Article has been exhausted. Supplemental sick leave benefits shall be computed at the rate of twelve (12) hours per month for each full month of employment from January 1, 1994. At no time shall the total sick leave accrued under section C of this Article and the supplemental sick leave benefits available under this section exceed 1,440 hours. Section H. All LEOFF II employees having an extended injury or illness are eligible for up to 12 months of light duty. Section I. The sick leave conversion factor of (40/46.6 = .858) will be used when converting 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 264 of 469 Renton Firefighters Local 864 20092010 – 2012 15 Page 15 of 44 from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours. ; Rrounded to the nearest whole hour. All local Local 864 members will be allocated sick leave hours to their payroll sick leave account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. Please use the following chart to determine sick leave usage per day when an individual employee is temporarily assigned to days (such as light duty): Sick Leave Hours Taken Conversion Factor Converted Time Used Rounded Leave Used 1.0 .858 1.165501166 1.25 1.25 .858 1.456876457 1.5 1.5 .858 1.748251748 1.75 1.75 .858 2.03962704 2.0 2.0 .858 2.331002331 2.25 2.25 .858 2.622377622 2.5 2.5 .858 2.913752914 3.0 2.75 .858 3.205128205 3.25 Sick Leave Hours Taken per Day Conversion Factor Converted Leave Time Used Rounded Leave Time Used Per Day 3 .858 3.496503497 3.5 3.25 .858 3.787878788 3.75 3.5 .858 4.079254079 4.00 3.75 0.858 4.370629371 4.25 4.00 0.858 4.662004662 4.75 4.25 0.858 4.953379953 5.0 4.50 0.858 5.244755245 5.25 4.75 0.858 5.536130536 5.5 5.00 0.858 5.827505828 5.75 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 265 of 469 Renton Firefighters Local 864 20092010 – 2012 16 Page 16 of 44 5.25 0.858 6.118881119 6.00 5.50 0.858 6.41025641 6.50 5.75 0.858 6.701631702 6.75 6.0 0.858 6.993006993 7.00 6.25 0.858 7.284382284 7.25 6.5 0.858 7.5757576 7.5 6.75 0.858 7.867132 7.75 7.00 0.858 8.158508 8.25 7.25 0.858 8.44988 8.5 7.5 0.858 8.74125 8.75 7.75 0.858 9.03263 9.00 8.00 0.858 9.324009 9.25 8.25 0.858 9.615384 9.5 8.50 0.858 9.906759 10.0 8.75 0.858 10.1981 10.25 9.00 0.858 10.48951 10.5 9.25 0.858 10.78088 10.75 9.5 0.858 11.07226 11.0 9.75 0.858 11.36363 11.25 10.0 0.858 11.65501 11.75 ARTICLE 8 - HOLIDAYS The following are recognized as legal holidays and shall be taken by all personnel employees working a 40-hour work week: 1.The first day of January, commonly called New Year's Day. 2.The third Monday in January, commonly known as Martin Luther King, Jr.’s, birthday. 3.The last Monday in May, commonly known as Memorial Day. 4.The fourth day of July, being the anniversary of the Declaration of Independence. 5.The first Monday in September, to be known as Labor Day. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 266 of 469 Renton Firefighters Local 864 20092010 – 2012 17 Page 17 of 44 6.November 11 (Veteran’s Day). 7.The fourth Thursday of November, to be known as Thanksgiving Day. 8.The fourth Friday of November, the day after Thanksgiving Day. 9.The twenty-fifth day of December, commonly called Christmas Day. 10.The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas Day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 11.Three Two floating Holidays of the employee’s choice. 12.Any other day designated by public proclamation of the Chief Executive of the State, and agreed to by the Mayor or City Council, as a legal holiday. 13.For employees working a 40-hour work week, if the holiday falls on a regularly scheduled “flex” day, the employee must plot the holiday on another day. The employee will have thirty (30) days before or after to replot the holiday. All personnelemployees working 24-hour shifts shall receive five (5) shifts off in lieu of the above holidays. The employee may at his/her option, sell back from zero (0) to five (5) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be paid by the end of February of each year. The Holiday sellback check will be issued on a separate voucher. Scheduling of holiday time off will be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. Those employees required to work Thanksgiving or Christmas Day shall receive compensation at 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 267 of 469 Renton Firefighters Local 864 20092010 – 2012 18 Page 18 of 44 the double-time rate for the hours worked during those holidays. The holiday conversion factor of (40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours, r. Rounded to the nearest whole hour. All local Local 864 members will be allocated holiday hours to their payroll holiday account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. Use the following chart to determine the Holiday or Vacation leave usage per day when an individual employee is temporarily assigned to days (such as Light Duty):. Leave Hours Taken Conversion Factor Converted Leave Time Rounded Time Used 1 0.858 1.1655 1 2 0.858 2.3310 2 3 0.858 3.4965 3 4 0.858 4.6620 5 5 0.858 5.8275 6 6 0.858 6.9930 7 7 0.858 8.1585 8 8 0.858 9.3240 9 9 0.858 10.4895 10 10 0.858 11.6550 12 ARTICLE 9 - EDUCATIONAL INCENTIVE AND PROMOTIONAL QUALIFICATIONS Additional pay shall be awarded as an education incentive to members employees of the Department at the following scale and for the following achievements. The Chief shall insure all educational requirements are met through an accredited program. Educational incentives shall be paid to the employee beginning the next pay period following receipt of proper documentation by the Human Resources & Risk Management Department and shall not be retro-active. Payments 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 268 of 469 Renton Firefighters Local 864 20092010 – 2012 19 Page 19 of 44 will be rounded to the nearest whole dollar. Fire Science Certification - 2% of top step firefighter’s salary. Fire Science Degree - 4% of top step firefighter’s salary. Four Year Degree and Two Year Fire Science Degree - 6% of top step firefighter’s salary Employees hired on or after January 1, 1997, are required to have a fire science certificate to qualify for the promotional examination for lieutenant; a two-year fire science degree to qualify for the promotional examination for captain and a four-year degree, in addition to a two-year fire science degree, to qualify for the promotional examination for battalion chief/safety officer. The Fire Chief may waive the promotional requirements if fewer than three employees qualify for an examination. ARTICLE 10 - VACATIONS Section A. The use of vacation is based on the calendar year and will be pro-rated based on the date of hire. Twenty-four (24) hour shift personnel During the first five years, and longevity breaks, the member will plot the number of full shifts accrued the prior year. The member can eitheremployee will be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. Twenty-four (24)-hour shift personnel. The employee will not carry over any vacation from year to year. Day staff personnel are allowed to carry over up to 2 years of vacation leave.During the course of their assignment, employees assigned to days must schedule at least 50% of his/her vacation hours accrued in the prior year by 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 269 of 469 Renton Firefighters Local 864 20092010 – 2012 20 Page 20 of 44 January 31. An employee may carry over the balance of accrued vacation hours into the following year, not to exceed the limits in paragraph 3.C below. 1. 2.Employees returning to shift work from his/her day shift assignment have the option of: 3.Cash out half of his/her vacation hours remaining in the year and plot the other half for the following year, or 4.Cash out all of the remaining hours. The remaining hours to be cashed out or rolled over at the end of an assignment shall be limited up to the number of hours accrued during the final year of the assignment. Cash out shall be at the day shift hourly rate in effect on the last day of the employee’s day shift assignment. 5. At the discretion of the Chief, any member employee unable to use plotted vacation due to illness/injury, or recall to active military duty, may be paid at the straight time rate or be allowed to re-plot time off in the affected year. PersonnelEmployees hired mid-year will use vacation on a pro-rated basis (See Appendix C Vacation Pro-ration Schedule). The following vacation benefit schedule shall be applicable to members employees hired January 1 of any year: Calendar Year Hours/Shifts In Service used per year 1st 0 2 72 hrs/3 shifts 3 96 hrs/4 shifts 4 120 hrs/5 shifts 5 144 hrs/6 shifts 6-10 yrs 216 hrs/ 9 shifts 11-15 yrs 264 hrs/ 11 shifts 16 – 20 yrs 312 hrs/ 13 shifts 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 270 of 469 Renton Firefighters Local 864 20092010 – 2012 21 Page 21 of 44 21 + yrs 336 hrs/ 14 shifts Each year, in the month of September, Labor and Management will produce agreed upon vacation hours for all members. The hours will be entered by Finance into each member's employee’s vacation account to be used the following year. Section B.When an member employee is assigned to days, or moved moves back to 24-hour shift, the vacation conversion factor (40/46.6 = .858) will be used. When an member employee is temporarily assigned to days for longer than six (16) pay periods, due to illness, injury, or temporary assignment, sick leave, holidays and vacation will be converted if necessary. Upon re-assignment to shift, the remaining hours will be converted back to shift. To convert from 24-hour shift to days: shift vacation allocation x .858 = day staff vacation hrs To convert from day staff to 24-hour shift: day staff vacation balance ÷ .858 = shift vacation hrs All members employees will be allocated hours to their payroll vacation account based upon their 24-hour shift/day staff assignment. In cases of mid-year assignment changes, the unused portion of vacation will be converted. At the discretion of the Chief, when a day staff member employee is assigned mid-year to 24-hour shift, the converted vacation hours will be plotted in the affected year, or paid at the straight time rate. Vacation will be taken at the employee’s request and will be granted in accordance with Department SOP and the approval of the section Deputy Chief. Section C. Scheduling of vacation time shall be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. When staffing levels permit, a certain number of available staff shall be permitted to schedule time off, including any holidays and, “Kelly” days 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 271 of 469 Renton Firefighters Local 864 20092010 – 2012 22 Page 22 of 44 and bonus sick days that may have accrued. ARTICLE 11 - DEATH IN FAMILY Time off with pay for up to one (1) shift or day shall be allowed granted to employees covered hereunder by this agreement for the purpose of attending a funeral of the employee's mother, father, brother, sister, spouse, child, domestic partner, domestic partner’s child, mother-in-law, father-in-law, grandchild, or grandparents. These hours shall be noted as bereavement leave and shall not affect vacation or sick leave accumulations. When special conditions exist, up to three shifts of sick leave may be granted, upon proper request, for the purpose of attending a funeral as described above. All requests for extended funeral leave shall be approved by the Fire Chief. Members of the Bargaining Unit shall be permitted to attend funeral services on duty for family members of Local 864 employees. Employees scheduled to work the day of a funeral shall be able to attend the service within their response area and will respond to calls for service as requested. The City and the Union also agree that daily work schedules will be completed as if no interruption in work resulted from attending a funeral service and would result in no overtime cost to the City. ARTICLE 12 - LONGEVITY Section A. The schedule of payment for longevity appears as Appendix B of this Agreement. Section B. Longevity allowances shall be payable on the first payday following the anniversary of the employee. ARTICLE 13 - PENSIONS 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 272 of 469 Renton Firefighters Local 864 20092010 – 2012 23 Page 23 of 44 Pensions for employees and contributions to pension funds will be governed by the Washington State Statute in existence at the time. ARTICLE 14 - INSURANCE Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employee’s Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co-pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. Section A. Health Insurance 1. Participation The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Firefighters – 864; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 2. Plan Coverage The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 3. Premiums For the calendar years 2010 through calendar year 2015 the total cost of the plan shall be divided as follows: City Employees 2010 96% 4% 2011 96% 4% 2012 95% 5% 2013 94% 6% 2014 93% 7% 2015 92% 8% 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 273 of 469 Renton Firefighters Local 864 20092010 – 2012 24 Page 24 of 44 Employee premiums will be based upon the following categories: Employee Employee/Spouse or Domestic Partner Employee/Spouse or Domestic Partner/1 Employee/Spouse or Domestic Partner/2+ Employee/1 Employee/2+ 4. Projected Costs In August of each year the REHBT will meet to review the actual costs of the Plan from July 1st of the previous year through June 30th of the current year. The actual cost together with any projected increase to the REHP shall be used by the REHBT to determine the total premium cost for the following year. 5. Group Health Coverage Bargaining unit members that chose to be covered by Group Health insurance will be required to pay the premium cost of the self-funded plan plus any additional premium cost above the self funded plan. 6. Renton Employees’ Healthcare Board of Trustees The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT, and the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME - 2170; Firefighters -864; Police Guild; and the City for a total of four (4) votes. 7. Plan Changes The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 8. Voting Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 9. Surplus Any surplus in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. Section B: Life Insurance The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary rounded to the nearest $1,000 including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. Section C. Federal/State Healthcare Options In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. Section D. COBRA 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 274 of 469 Renton Firefighters Local 864 20092010 – 2012 25 Page 25 of 44 When an employee or dependent’s health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months. Section E. Health and Wellness Program The employer agrees to pay $10.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. The employees agree to pay $5.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. This amount will be deducted from the employee’s paycheck on the 10th of each month. The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire & Emergency Services Department Policies. Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees. REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Firefighters Local 864 agrees to continue participation in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Firefighter Union Local 864, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the REHP. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 275 of 469 Renton Firefighters Local 864 20092010 – 2012 26 Page 26 of 44 Effective 01/01/2009 the City agrees to increase its share of the 2009 premium by 8 percent above the 2008 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the REHP through 2009. Should premiums necessary to fund the projected REHP costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. RENTON EMPLOYEES’ HEALTH PLAN BOARD OF TRUSTEES – Includes members of each participating Union. Each union will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. PLAN CHANGES – The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. VOTING – A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City’s agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example – City takes first 8.0%; Cost increases 16.0%; City pays 50% of the additional 8.0% and members pay 50% of the additional 8.0%. Section C. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary rounded to the nearest $1,000 including double indemnity. The Employer shall furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. Section D. When a LEOFF II employee or dependent’s health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months following the date the condition is declared fixed and stable. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 276 of 469 Renton Firefighters Local 864 20092010 – 2012 27 Page 27 of 44 Section E. Health and Wellness program. The employer agrees to pay $10.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. The employees agree to pay $5.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. This amount will be deducted from the employee’s paycheck on the 10th of each month. The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire & Emergency Services Department Policies. ARTICLE 15 - DEFERRED COMPENSATION/INCOME PROTECTION PLAN Section A. The Employer agrees to contribute (3.5%) of the employee’s base wage per annum to a deferred compensation or an income protection plan. This contribution shall expire December 31, 2009. Section B. The City agrees to contribute 2.5% to the deferred compensation plan in exchange for voluntary participation, and successful completion of the fire fighter combat challenge. The test shall be given annually in the preceding year. Any employee who does not meet the standard has one (1) additional opportunity to pass the test by the end of the preceding year. Any employee receiving deferred compensation who is unable to take the combat challenge due to disability or sick leave will continue to receive the deferred compensation. Once the employee returns to full duty they have 90 days to complete the combat challenge. ARTICLE 16 - MANAGEMENT- MANAGEMENT RIGHTS Section A. The Local recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accord with its responsibilities and powers of authority. Section B. The Employer has the right to schedule overtime work as required in a manner most advantageous to the department and consistent with requirements of municipal employment and public safety. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 277 of 469 Renton Firefighters Local 864 20092010 – 2012 28 Page 28 of 44 Section C. It is understood by the parties that every incidental duty connected with fire service oriented operations enumerated in job descriptions classifications is not always specifically described. Section D. The Employer reserves the right to discharge or discipline all employees for just cause. The Employer reserves the right to lay off personnelemployees for lack of work or funds; or for the occurrence of conditions beyond the control of the department; or when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accord with Article 4 of this Agreement. Section E. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: 1.The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2.The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies, and final determination of employee compensation. 3.The responsibility of the Civil Service Commission as provided by State statute for determining, among other things, classification, status, and tenure appointments in the fire service. 4.The responsibilities of the Fire Chief and his/her delegates as governed by City Ordinance and Civil Service Rules and Department Rules and as limited by the provisions of this Agreement. a.To recruit, assign, transfer, or promote members employees to positions 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 278 of 469 Renton Firefighters Local 864 20092010 – 2012 29 Page 29 of 44 within the Department. b.To suspend, demote, discharge, or take other disciplinary action against members employees for just cause. c.To relieve members employees from duties because of lack of work, lack of funds, or for disciplinary reasons. d.To determine methods, means, and personnelemployees necessary for departmental operations. e.To control the departmental budget. f.To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. Section F. Probationary fire fighters are considered “At will employees” their first year. ARTICLE 17 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike and no employee shall strike nor shall he/she refuse to perform his/her assigned duties to the best of his/her ability. Section B. To the extent that any provision of this Agreement is in conflict with applicable existing Civil Service laws in effect on May of 1999 December 31, 2009, rules and regulations, the latter shall prevailduring the life of this agreement. ARTICLE 18 - DEFINITION OF DUTIES There shall be no cross-training of personnelemployees and duty assignments other than those directly related to Fire & Emergency Services Department activities and Fire Science subjects. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 279 of 469 Renton Firefighters Local 864 20092010 – 2012 30 Page 30 of 44 ARTICLE 19 - OVERTIME In the event that a need for overtime should occur in the Fire & Emergency Services Department because of emergency, sickness, or other unforeseen conditions, the following procedures will be used by the Employer: Section A. Except as otherwise provided in this Article, employees as described in Article 4, Section B, Article 4, Hours of Work, shall be paid at the rate of time and one-half for all hours worked in excess of eight (8) in one day, exclusive of lunch period, or in excess of forty-hours (40) hours in one week. Section B. Employees described in Article 4, Section C, Article 4, shall be paid at the rate of time and one-half the regular straight time salaryfor all hours worked when such overtime amounts to a full shift or when the overtime is a result of a vacancy created by illness or disability. Section C. The following callback or holdover provision shall apply: 1.All employees covered by the terms of this Agreement who are called back to work because of emergency or other unforeseen conditions shall be paid for two (2) hours minimum at a rate of time and one-half. 2.All employees covered by the terms of this Agreement who work an extension (hold-over) of their normal shift because of an emergency or other unforeseen conditions shall be paid at the rate of time and one-half for the hold-over time rounded to the nearest half-hour. Section D. The Employer agrees that scheduled overtime will be in accord with seniority within the rate rank of Firefighter, except when qualified personnelemployees are necessary and then according to seniority of the qualified. Section E. Employees shall have the right to request compensatory time off at the same ratio as 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 280 of 469 Renton Firefighters Local 864 20092010 – 2012 31 Page 31 of 44 the overtime rate in lieu of cash payment for overtime; provided, however, that such requests for compensatory time off may be denied if the department head determines that the operational effectiveness of the department would be impaired by such action. Employees assigned to the Response Operations Division shall also have the ability to request compensatory time at the same ratio as the overtime rate in lieu of cash payment for overtime earned while attending discretionary training programs up to a maximum of 48 hours. This compensatory time off may be granted by the department head or his/her designee on scheduled work days when staffing is above the established norm, when the operational effectiveness of the department would not be affected and the achievement of company, platoon or department training goals would not be impaired.exceeds the staffing level set by the department. Section F. The Local agrees to schedule and/or sell back to the Employer the equivalent of one hundred twenty (120) hours of overtime at the straight time rate per bargaining unit member beginning in 2009 2010. This can be accomplished by either scheduling overtime at the straight time rate or holiday sellback. The number of overtime shifts to be scheduled at straight time will be based on the number of actual bargaining unit positions budgeted for onmembers as of January 1 of each year of the contract. This can be accomplished by either scheduling overtime at the straight time rate or holiday sellback. New hires shall schedule their prorated holiday hours. These prorated hours shall be added to the number of overtime shifts to be scheduled at the straight time rate. When scheduling overtime at the straight time rate, the additional shifts may be scheduled in twelve (12) hours minimum increments. The increments can be divided by two members to equal twelve hours in the event of the member working the STOT needs a standby. Scheduling of the additional shifts shall fall within the FLSA guidelines. This overtime provision shall expire on December 31, 20092012. Section G. Assignment outside Response Operations. In the event of overtime the member 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 281 of 469 Renton Firefighters Local 864 20092010 – 2012 32 Page 32 of 44 employee shall be paid at the rate of time and one half (1.5 times) or may take comp time (employee’s choice). This will be considered for the following, in excess of lunch period or in excess of forty (40) hours in one week. When members employees are used as a backfill aid, engine or ladder company, lunch will be considered as on duty and the crew will be paid as such and, if necessary, work schedules will be modified. Fill-in assignments should not, under normal conditions, result in additional cost to the City except when the cost is associated with an on-going emergency. Members Employees will be compensated at either time and one half (1.5 times) or comp time if they work in excess of their regularly assigned schedule due to being used as backfill. Employees assigned outside Response Operations will be eligible to work Response Operations overtime on their assigned days off; however they will not be eligible to work STOT if by working STOT shift would put them in excess of the forty (40) hours in a calendar week. ARTICLE 20 - RETENTION OF BENEFITS Privileges and working conditions which are generally PREVAILING but not specifically outlined in this Agreement shall, in the manner presently observed as department policy, be administered and abided by, by both parties to this Agreement unless changed or deleted by mutual consent. ARTICLE 21 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 1:The Union Grievance Committee, upon receiving a written and signed petition shall have within two (2) weeks from the date of the actual grievance, shall to determine if a grievance exists. If in their opinion no grievance exists, the matter is closed. Step 2:If in the opinion of the Grievance Committee a grievance exists, the Committee shall within two weeks after receiving the grievance present the grievance in writing to the Chief of 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 282 of 469 Renton Firefighters Local 864 20092010 – 2012 33 Page 33 of 44 the Fire & Emergency Services Department for adjustment. Step 3:If within ten (10) business days the grievance has not been settled, it then shall be submitted and presented to the Mayor by Local 864. Step 4: If within ten (10) business days the grievance has not been settled in Step 3, it shall then bethe Union maywill notify the City, in writing, of its desireintent to submittsubmited to the greevancegrievance arbitration for adjustment. The power and authority of the Arbitration Board shall be limited to the interpretation of the terms of this Agreement. The Board shall have no authority to add to, subtract from, or in any way modify the express terms of this Agreement. The Arbitration Board shall consist of a representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members who will preside as Chairman. If the two cannot agree within seven (7) days on the selection of the Chairman, the matter then shall be submitted to the Federal Mediation and Conciliation Services for seven (7) names of Arbitrators who reside in the State of Washington. The Employer and the Local shall strike names alternately; the final remaining name shall be the neutral third party. Each party will pay for his/her own arbitrator and the expenses of the third will be shared equally between the parties. Meetings of the Arbitration Board shall be attended by all three members. A decision of the majority of the Arbitration Board shall be final and binding on all parties as to the issues submitted to it for decision. ARTICLE 22 - NEW POSITIONS This Agreement shall be opened for the purpose of negotiating salaries for any new classifications for employees covered by this Agreement but not specified in the salary schedule. Such salaries shall become effective upon the agreement of the parties. Negotiations shall be subject to the time limits and procedures as outlined in the Grievance Procedure, Article 21. If no agreement has been reached sixty (60) days after the commencement of these negotiations then either party may declare an impasse and file for mediation with the Public Employees Relations Commission. Nothing in this Article shall preclude the Employer from establishing such new positions or classifications. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 283 of 469 Renton Firefighters Local 864 20092010 – 2012 34 Page 34 of 44 ARTICLE 23 - SUCCESSORS AND ASSIGNS Section A. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton’s obligations hereunder. Section B. In case of any merger, consolidations, or contracting for Fire fire protection services by the Employer with any other governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. ARTICLE 24 - SAVINGS CLAUSE If any Article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such articles. The Employer and Local 864 reserve the right to address through reopening of the contract, any effects that the Fair Labor Standards Act may have on the Application of the provisions of the Labor Agreement. ARTICLE 25 - ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. Section B. No party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 284 of 469 Renton Firefighters Local 864 20092010 – 2012 35 Page 35 of 44 ARTICLE 26 - DURATION OF AGREEMENT This Agreement shall become effective January 1, 20092010, and shall remain in full force and effect until December 31, 20092012. Signed this day of , 2008 2010 at Renton, Washington. CITY OF RENTON RENTON FIREFIGHTERS LOCAL 864 Denis Law, Mayor Craig Soucy, Doug McDonald, Vice President David DanielsMark Peterson, Fire & Emergency Services Administrator Chief Doug McDonaldMark dos Remedios, Vice President Nancy Carlson, Human Resources & Risk Management Administrator Mark dos RemediosRick Laycock, Secretary Treasurer Michael R. WebbyBill Flora, , ConsultantDeputy Fire Chief Eileen Flott, Human Resources Manager Kris HansonCraig Soucy, TrusteePublic Relations Director Roy Gunsolus, Position??Battalion Chief Representative 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 285 of 469 Renton Firefighters Local 864 20092010 – 2012 36 Page 36 of 44 Robert Van HorneCindy Zinck, Fire Deputy ChiefFinancial Services Manager Lucinda GibbonJanelle Tarasewicz, Human Resources Analyst ATTEST: Bonnie I. Walton, City Clerk APPROVED AS TO FORM: Lawrence J. Warren, City Attorney 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 286 of 469 Renton Firefighters Local 864 20092010 – 2012 37 Page 37 of 44 APPENDIX A SALARIES Section A. The salary schedule reflects a 5.5% increase over 2008 salaries. 1.Effective January 1, 2010, the base wages for all positions in the bargaining unit shall be the same as the wages in place in 2009. 2.Effective January 1, 2011, base wages shall be increased by 1% above the wages in place in 2010. 3. Effective January 1, 2012, the base wages shall be increased by 2.5% above the wages in place in 2011. Section B. Effective January 1, 20092010, the salary schedule shall be as follows: A Entry B 12 mos. C 24 mos. D 36 mos.* Firefighter 4507 4605 4973 6046 (22.26)(22.74)(24.56)(29.86) Lieutenant 6953 (34.34) Captain 7857 (38.80) *The "D" reflects a 0.5% differential over the "C" step for those employees having a full defibrillation certificate from King County Emergency Medical Services and at least 36 months of service, or are officers. Hourly rates are based on 2430 hours per year (202.5 hours per month). A percentage differential is established as follows: Between Firefighter and Lieutenant:15% Between Lieutenant and Captain: 13% 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 287 of 469 Renton Firefighters Local 864 20092010 – 2012 38 Page 38 of 44 APPENDIX B LONGEVITY Employees shall receive longevity pay according to the following scale: Completion of 5 years - 2% of top step firefighter salary Completion of 10 years - 4% of top step firefighter salary Completion of 15 years - 6% of top step firefighter salary Completion of 20 years - 10% of top step firefighter salary Completion of 25 years - 12% of top step firefighter salary Longevity payments shall be rounded to the nearest whole dollar. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 288 of 469 Renton Firefighters Local 864 20092010 – 2012 39 Page 39 of 44 APPENDIX C VACATION PRO-RATION SCHEDULE Members Employees hired mid-year will use vacation based on the following schedule: Calendar Yr Hrs/Shifts Pre-hire date Post-hire date in Service used per year accrual/pp accrual/pp 1 0 3 2 Prorate 3 4 3 Prorate 4 5 4 Prorate 5 6 5 Prorate 6 9 6 Prorate 9 9 7-9 216 hrs/9 shifts 9 9 10 216 hrs/9 shifts 9 11 11 Prorated 11 11 12-14 264 hrs/11 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/13 shifts 13 13 20 312 hrs/13 shifts 13 14 21 Prorated 14 14 21+336 hrs/ 14 shifts 14 14 Mid year hires - Start accruing three (3) hours per pay period from the starting date. For the first five (5) years, on the anniversary date, the accrual will be raised to the next level. Therefore, each of those years the number of shifts taken will be based on what had accrued the prior year. The member employee would plot full 24-hour shifts, and either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. In earning 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 289 of 469 Renton Firefighters Local 864 20092010 – 2012 40 Page 40 of 44 the prior year what they use the following year, they would earn odd hours in the year of the 5th, 10th, 15th and 20th year anniversary, and use what they accrued the prior year. The odd hours would be affecting the vacation plotted the year following their anniversary. Mid year retirement/termination – based on the date of retirement/termination, the number of vacation hours unused for the current year, plus the number of hours accrued in the current year would be paid out to the employee. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 290 of 469 Renton Firefighters Local 864 20092010 – 2012 41 Page 41 of 44 CONTRACT INDEX A Accrued sick leave 12 Appendix A, Salaries 31 Appendix B, Longevity 32 Appendix C, Vacation Pro-Ration Schedule 32 arbitration 27 Association 4, 7 At will employees 24 B backfill 26 budget 23 C callback 24 cash out 10 Christmas 15, 16 City Council 3, 20, 21, 23 Civil Service 5, 23, 24 Civil Service Commission 5, 23 COBRA 21 combat challenge 22 comp time 26 compensatory time 25 conversion factor 13, 16, 18 cross-training 24 D Death in Family 19 deferred compensation 22 Definition of Duties 24 disability 10, 11, 12, 13, 22, 24 discharge 22, 23 disciplinary notices 5 disciplinary reasons 23 discipline 22 double-time 16 dropped in rank 6 due process 5 Duration of Agreement 29 E education incentive 17 electronic deposit 8 emergencies 12, 24 emergency 4, 8, 24, 25, 26 Employer harmless 4 Employment Practices 5 employment process 5 extension 25 F Fair Labor Standards Act 28 Fire & Emergency Services Department Rules and Standard Operating Procedures 16, 19 Fire Chief 9, 17, 19, 23 Fire Science 24 floating Holidays 15 FLSA 25 FMLA 12 Funding Goal 20 funeral 19 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 291 of 469 Renton Firefighters Local 864 20092010 – 2012 42 Page 42 of 44 G grievance 26, 27 Grievance Procedure 26 H Health and Wellness 21 holdover 24 holiday 8, 15, 16, 25 Holiday 11, 15, 16 holidays 9, 15, 16, 18, 19 Hours of Work 6 I income protection plan 22 inspections 7, 8 insurance 4, 20, 21 J job descriptions 22 just cause 22, 23 K Kelly 7, 19 L L & I 10, 11 Labor Day 15 laid off 6 lay off 22 layoff 5, See personnel reduction, or staff reduction layoffs 6 LEOFF I 9, 10, 12 LEOFF II 10, 11, 12, 13, 21 life insurance 21 light duty 9, 11, 13 longevity 17, 19, 32 Longevity allowances 19 lunch 6, 7, 24, 26 M Management Rights 22 Memorial Day 15 mid year 13, 16 mid-year 17, 18, 32 N negotiations 28 New Positions 27 New Year's Day 15 O OJI 10, 11, 12 one half 6, 12, 26 Ordinances 23 overtime 9, 16, 19, 22, 24, 25, 26 P PAC program 4 paydays 8 Pensions 20 Performance of Duty 24 personnel files 5 physical examination 6 plan design changes 21 plot 17, 33 Preamble 3 premium 20 Probationary 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 292 of 469 Renton Firefighters Local 864 20092010 – 2012 43 Page 43 of 44 24 promotional examination 17 public proclamation 15 R Recognition and Bargaining Unit 3 REHBT 20, 21 REHP 20 Renton Employees’ Healthcare Board of Trustees 20 Renton Employees’ Healthcare Plan 20 Response Operations 6, 7, 13, 25, 26 Retention of Benefits 26 S safety boots 8 Salaries 8 Savings Clause 28 sell back 15, 25 sellback 15, 25 seniority 5, 25 seniority list 5 shift differential 9 shift exchange 7 Sick Bonus 12 sick leave 9, 10, 11, 12, 13, 18, 19, 22 sickness 24 SOP 8, 19 staff reductions 6 standby 7, 25 STOT 25, 26 straight time rate 15, 17, 18, 25, 33 strike 24, 27 Successors and Assigns 27 supplemental sick leave 10, 13 T Thanksgiving 15, 16 Third Party Administrator 11 TPA 11 training 6, 7, 25 trust fund 4 U uniform allowance 8 uniforms 8 Union Grievance Committee 26 Union Membership and Dues Deduction 3 V vacation 17, 18, 19, 32, 33 Veteran’s Day 15 vote 20, 21 W work schedule 7 Workdays 6 working conditions 3, 8, 26 working out of classification 9 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 293 of 469 Renton Firefighters Local 864 20092010 – 2012 44 Page 44 of 44 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 294 of 469 A G R E E M E N T By and Between CITY OF RENTON and NON-COMMISSIONED EMPLOYEES OF THE RENTON POLICE OFFICERS' GUILD January 1, 2009 2010 – December 31, 20092012 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 295 of 469 Police Non-Commissioned 2009 2010-2012 2 TABLE OF CONTENTS Preamble 3 Article 1 Recognition and Bargaining Unit 3 Article 2 Union Membership and Dues Deduction 3 Article 3 Employment Practices 5 Article 4 Hours of Duty and Overtime 7 Article 5 Salaries 11 Article 6 Allowances and Premiums 11 Article 7 Sick Leave 14 Article 8 Holidays 15 Article 9 Tuition Reimbursement 15 Article 10 Educational Incentive 16 Article 11 Personal Leave 16 Article 12 Longevity 19 Article 13 Pensions 19 Article 14 Insurances 19 Article 15 Bill of Rights 21 Article 16 Management Rights 24 Article 17 Grievance Procedure 25 Article 18 Performance of Duty 27 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 296 of 469 Police Non-Commissioned 2009 2010-2012 3 Article 19 Retention of Benefits 27 Article 20 Pay Days 27 Article 21 Savings Clause 28 Article 22 Entire Agreement 30 Article 23 Duration of Agreement 30 Appendix A Salaries 32 Appendix B Longevity/Education Premiums 33 Appendix C General Order No. 52.1 34 Appendix D Medical Release Form 42 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 297 of 469 Police Non-Commissioned 2009 2010-2012 4 PREAMBLE The rules contained herein constitute an Agreement between the City of Renton, hereinafter referred to as the Employer, and the Renton Police Officers' Guild, Non-Commissioned hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended that this Agreement, achieved through the process of collective bargaining, will serve to maintain good relations between the Employer and the Guild, to promote efficient and courteous service to the public, and to protect the public interest. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. The Employer recognizes the Guild as the exclusive representative of all non-commissioned employees for the purpose of bargaining with the Employer. A non-commissioned employee is defined as outlined in RCW 41.56.030(2). The Guild represents those classes listed in Appendix A. Section B. The Guild President, or any other members of the Guild appointed by the President, shall be recognized by the Employer as the official representatives of the Guild for the purpose of bargaining with the Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton and agrees to negotiate only with the Employer through the negotiating agent or agents officially designated by the Mayor and City Council to act on its behalf. Section C. The number of representatives of the Guild and the Employer at any negotiating session shall be limited to five (5) members each, unless waived by mutual agreement of the parties. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 298 of 469 Police Non-Commissioned 2009 2010-2012 5 Section A. The Employer recognizes that members of the Renton Police Department may, at their discretion, become members of the Guild when such membership has been duly approved in accordance with the provisions of the Guild's Constitution and By-Laws. The Guild accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Section B. Union Security 1.All employees covered by this Agreement who are or become members of the Guild on or after the effective date of this Agreement shall maintain their membership in good standing with the Guild. 2.All employees covered by this Agreement hired on or after its execution date shall, within sixty (60) days following the beginning of such employment, become and remain members in good standing in the Guild. 3.Any employee failing to comply with subsections B.1 or B.2 of this Article shall, as a condition of continued employment, pay each month a service charge equivalent to regular Guild dues to the Guild as a contribution toward the administration of this Agreement. 4.The right of non-association of members of the Renton Police Department based on bona fide religious tenets or teachings of a church or a religious body of which such public employee is a member shall be protected at all times, and such public employee shall pay such sum in such manner as is provided in RCW 41.56.122. 5.The Guild will notify the Employer in writing of the failure of any employee to comply with any of the applicable provisions of this section. The Employer agrees to advise the employee that his/her employment status is in jeopardy and that failure 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 299 of 469 Police Non-Commissioned 2009 2010-2012 6 to meet the applicable requirements of this section will result in termination of his/her employment within ten (10) days. If compliance is not attained within the aforementioned ten (10) days, the Employer shall terminate said employee. Section C. Union Officials' Time Off. 1.Official representatives of the bargaining unit shall be given time off with pay to attend meetings with City representatives or to attend Guild meetings, provided reasonable notification is given. Representatives assigned to graveyard shift may be released by 2300 hours with supervisor’s approval when necessary to attend such meetings. 2.Official representatives of the bargaining unit shall be given time off with pay to attend Guild related conferences (not to exceed three working days for a single function). The allowable aggregate of such time off shall not exceed one hundred sixty (160) hours in one calendar year. Provided, that a copy of the agenda of the meeting is submitted to the Chief, at least 14 calendar days prior to the meeting and that the Guild waives the right to working out of classification pay should a replacement be needed to assume the duty of the Guild representative granted time off. 3.The Employer retains the right to restrict time off under subsections 1 and 2 above if an emergency exists or when such time off would unreasonably impact departmental operations. Section D. Dues Deduction. Upon written authorization by an employee and approval by the Guild Executive Board, the Employer agrees to deduct from the wages of each employee the sum certified as initiation dues and assessments twice each month as Guild dues, and to forward the sum to the Guild Secretary or Treasurer. If any employee does not have a check coming to him/her or the check is not large enough to satisfy the assessments, 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 300 of 469 Police Non-Commissioned 2009 2010-2012 7 no deductions shall be made from the employee for that calendar month. All requests to cancel dues deductions shall be in writing to the Employer and require notification to the Guild by the Employer. The Guild agrees to indemnify and hold harmless the Employer for any claims, with the exception of those caused by the Employer's negligence, arising out of the Employer's activities to enforce the provisions of this Article. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel Reduction. Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 1.Seniority – Seniority will beis determined by the employee’s most recent hire date in the bargaining unit. a.In the event of a tie, the determining factor will be placement on the eligibility list. b.Leaves of Absence will not be subtracted from seniority. 2.Whenever it becomes absolutely necessary through lack of finances, lack of work, reorganization, abolishment of position within classification, or other reasonable and articulable purposes to reduce the number of employees in the bargaining unit, such reductions shall be carried out by classification in the following order: 3. 4.Temporary employees 5. 6.Probationary employees 7. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 301 of 469 Police Non-Commissioned 2009 2010-2012 8 8.Regular employees in reverse order of seniority within the classification; the one with the least seniority being laid off first 9. 10.If a laid-off employee has previously worked in another job classification within the bargaining unit, and has more seniority than the least senior employee in that job classification, he/she may exercise the right to replace (bump) that employee. 11. 12.An employee may be recalled and reinstated in order of seniority to a classification from which they are laid off or has previously worked for up to two (2) years from the date of layoff. 13. 14.Probationary Employees (first appointment) – in reverse order of seniority; the one with the least seniority being laid off first. 15.Non-Supervisory Regular Employees - in reverse order of seniority; the one with the least seniority being laid off first. 16.Supervisors – In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a.Lead Specialist reduced to Specialist. b.Supervisor reduced to Lead Specialist – in reverse order of seniority in rank; the one with the least service in the position of Supervisor being reduced in rank first. c.Sergeant reduced to Jailer - in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first. 17.Reinstatement – Employees laid off or reduced in rank shall be 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 302 of 469 Police Non-Commissioned 2009 2010-2012 9 recalled to vacant positions in order of their department seniority; a.Non-Supervisory Regular Employees - the employee with the greatest seniority being recalled first. b.Supervisory Employees – The employee with the greatest seniority in rank being reinstated first. An employee may be recalled within two (2) years from the date of layoff. Section B. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. Section C. Personnel Files. 1.The personnel files are the property of the Employer. The Employer agrees that the contents of the personnel files, including the personal photographs, shall be confidential and shall restrict the use of information in the files to internal use by the Police Department. This provision shall not restrict such information from becoming subject to due process by any court, administrative tribunal, or as required by law. Reasonable notice shall be given the employee should the Employer be required to release the personnel file. It is further agreed that information may be released to outside groups subject to the approval of both the Employer and the employee; provided, that nothing in this section shall prevent an employee from viewing his/her original personnel file in its entirety upon request. Nothing shall be added to or deleted from the file unless the employee is furnished a legible copy of same. Such papers shall also be made available to the elected or appointed officers of the Guild at the request of the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 303 of 469 Police Non-Commissioned 2009 2010-2012 10 affected employee. 2.Inspection of Papers. The application and examination papers of an employee shall be available for inspection by the appointing authority, the Chief of Police, and affected employee. Employees shall be allowed to review a copy of any adverse documentation before it is placed in the file. The employer shall maintain a single personnel file and there shall be no secret files. Materials for the purpose of supervisor evaluations shall be expunged if not made part of the personnel file. Such papers shall also be made available to the employee upon request, and to the elected or appointed officers of the Guild at the request of the affected employee. Written warnings shall be expunged from personnel files (at the employee's written request) after a maximum period of two (2) years if there is no recurrence of misconduct for which the employee was disciplined during that period. Any record of serious discipline shall be expunged from the personnel files after a maximum period of five (5) years if there is no reoccurrence of misconduct for which the employee is disciplined during that period. Nothing in this section shall be construed as requiring the Employer to destroy any employment records necessary to the Employer's case if it is engaged in litigation with the employee regarding that employee's employment at the time those records would otherwise be destroyed. The parties recognize that the Employer may retain internal investigation files although such files may not be used in discipline and discharge cases if they could not otherwise be retained in personnel files pursuant to this section. Section D. Rehires. In the event a certified employee leaves the service of the Employer due to reduction in force and within the next two (2) years the Employer rehires said former employee into the same classification to which he/she was assigned at the date of reduction, such employee shall be placed at 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 304 of 469 Police Non-Commissioned 2009 2010-2012 11 the same step in the salary range which he/she occupied at the time of the original reduction. Section E. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed one (1) year. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one (1) year. During that period, employees may be reverted to their former positions without resort to the Civil Service or the grievance procedure for failure to pass probation. Section F. Non-Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, sex, age, marital status, national origin, or physical, mental, or sensory handicaps unless based on a bona fide occupational qualification. The Employer agrees not to discriminate against employees because of union membership or lawful union activities. It is recognized that employees who feel they have been victims of discrimination shall be entitled to seek relief or redress through the grievance procedures contained in this Agreement or through the City of Renton Fair Practices Policy. ARTICLE 4 - HOURS OF DUTY AND OVERTIME Section A. Hours of Duty. The required hours of duty for employees in the bargaining unit shall be 2080 hours per year, based on a work week of: five (5) consecutive days on duty followed by two (2) consecutive days off duty (5/2) unless otherwise provided in this Article. 1.The work week for all or some employees may be revised upon mutual agreement between the Guild and Police Administration. Mutual agreement on revised work schedules shall be documented in written format and a 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 305 of 469 Police Non-Commissioned 2009 2010-2012 12 copy sent to the Human Resources & Risk Management Administrator. 1. The rotation of personnel between shifts shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notification shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary employees, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. The schedules shall be: 2.Jailers and Jail Sergeants shall work three (3) consecutive days on followed by three (3) consecutive days off (3/3 twelve (12) hour schedule). For section 7(k) purposes under the Fair Labor Standards Act, the work period (FLSA, 29 U.S.C.,207)(k) shall be twenty-four (24) days. Employees assigned to a 3/3 twelve (12) hours shift shall receive a schedule adjustment pay of 5.24% of base wage per month. This schedule adjustment pay reflects the addition of 109 hours worked per employee (2189 total hours per year). 3.Electronic Home Detention Officer(s) (EHD) shall work a 9/80 schedule. 4.Evidence Technician(s) shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. If for any reason either the EHD or Evidence Technician(s) fall 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 306 of 469 Police Non-Commissioned 2009 2010-2012 13 below the staffing level of two (2) officers for an extended period of time their schedule shall revert back to a 5/2 schedule. 5.Shift assignments for Police Service Specialists shall be made by bidding by seniority as defined in Article 3, Section A, Number 1. Police Service Specialists shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. 6.Animal Control Officers shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. 7.The full time Traffic ControllerParking Enforcement Officer(s) shall work four (4) consecutive eight ten (810) hour days on, followed by three (3) consecutive days off. 8.Police Secretaries shall work a 9/80 schedule. If staffing is less than three (3) employees for an extended period then the Police Secretaries will revert back to a 5/2 schedule. (5 consecutive, eight (8) hour days on, two (2) consecutive days off, Monday through Friday). 9.Community Program Coordinators shall work a 9/80 schedule. 10.The Domestic Violence Victim’s Advocate shall work five four (54) consecutive eight ten (810) hour days on, followed by two three (23) consecutive days off schedule, Monday through Friday. Days off shall include Saturday and Sunday. 11. 12.The Crime Analyst shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. Days off shall include Saturday and Sunday. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 307 of 469 Police Non-Commissioned 2009 2010-2012 14 The rotation of personnel between shifts shall be minimized within the limitations of providing an adequate and efficient work force at all times. When rotation is necessary, the Employer will notify the affected employees as soon as reasonably possible. Such notification shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary employees, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. Section B. Overtime. 1.Except as otherwise provided in this Article and when required by the Fair Labor Standards Act, employees shall be paid at the rate of time and one-half for all hours worked in excess of their regular shift. Overtime will not be paid for hours in excess of a scheduled shift resulting from a regularly scheduled shift rotation. 2.Employees required to work on any regular or approved day off shall be paid at the rate of time and one-half for the first day and double time for the second and subsequent consecutive days EXCEPT in the event of an emergency when overtime shall revert to the time and one-half rate. 3.All employees shall be paid time and one-half for each hour worked in excess of forty (40) hours in one week, provided, these overtime hours have not already been paid under Section B.1 above. 4.Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. 5.Employees may not accumulate less than fifteen (15) minute 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 308 of 469 Police Non-Commissioned 2009 2010-2012 15 increments of overtime. 6.In recognition of Fair Labor Standards Act (FLSA) guidelines, overtime shall be computed on the base pay of the employee and shall include any premiums as described in Article 6 of this Agreement in calculation of the overtime rate. Section C. Overtime Minimums.In the event overtime is not in conjunction with a regularly scheduled shift, the minimum payment shall be as set forth herein. The rate of pay for minimums shall be time and one-half. However when section 4.B.2 applies, the employee may choose either the double time rate for all hours worked or the time and one-half rate for the applicable minimum. Court minimums shall not overlap. 1.Three (3) hours for any court or related hearing located in Renton. 2.Four (4) hours for any court or related hearing outside the City of Renton. 3.Four (4) hours for any required court attendance within nine (9) hours of the end of a graveyard shift within the City of Renton and five (5) hours outside the City of Renton. 4.Two (2) hours for any other unspecified overtime including in-person meetings with the prosecutor’s office or defense counsel Section D. Compensatory Time.The Employer shall pay all authorized overtime requests on a cash basis, provided that employees shall be allowed to elect compensatory time in lieu of overtime cash payment up to a maximum accrual of eighty (80) hours. Nothing in this Section shall be construed as to prohibit the employee option of requesting compensatory time off in lieu of paid overtime, provided that the accumulation and use of such time is 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 309 of 469 Police Non-Commissioned 2009 2010-2012 16 approved by the Administrative Officer or Officer officially acting in that capacity. In December of each year, the Employer has the option of purchasing all or part of compensatory time accumulated by employees. Section E. Standby. The Employer and the Guild agree that the use of standby time shall be minimized. Standby assignments shall be for a fixed, predetermined period of time. Employees placed on standby status by a member of the Police Department Command Staff, shall be compensated on the basis of one (1) hour straight time pay for each two (2) hours of standby or fraction thereof. If the employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. Section F. Compensation for Training. 1.The Employer shall have a reasonable obligation to attempt to schedule training during the employee’s regular shift. 2.Training On a Scheduled Work Day, Not Requiring Overnight Accommodations: If the scheduled off-site training day exceeds six (6) hours and occurs on the employee’s workday, the hours of training shall constitute an entire workday, regardless of the employee’s hours of duty: The employee agrees to waive any overtime resulting from attendance at any training school or session on a scheduled workday provided that the affected employee is relieved of all police duties as follows: (a)When the training occurs on the first scheduled workday of the shift, the employee shall be relieved of duty 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 310 of 469 Police Non-Commissioned 2009 2010-2012 17 sixteen (16) hours following the conclusion of the training. (b)When the training occurs on the last scheduled day of the work shift, the employee shall be relieved eight (8) hours prior to reporting for training. (c)When the training occurs on all days between the first and last scheduled days of the work shift, the employee shall be relieved eight (8) hours prior to and sixteen (16) hours following the training session, except that employees working day shift may be required to report to work twelve (12) hours following the training session. 3.Training Requiring Overnight Accommodations: Employees who attend training that requires overnight accommodations shall be paid at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8) hours per day, provided they are traveling during a regularly scheduled work day, or if on a day off, the training was specifically required by the Employer. For employees on a day off where training was voluntary, no compensation will be paid for travel and lodging time. 4.Per diem: Members shall receive per diem as follows; (a)$8 for Breakfast; $12 for Lunch; $17 for Dinner 1.If at any time during this contract period, the City policy reflects a higher allowed per diem amount, the higher amount will be implemented. (b)Members will receive the full per diem regardless of what they actually spend. (c)Receipts are not required to receive the per diem. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 311 of 469 Police Non-Commissioned 2009 2010-2012 18 (d)Per diem may be paid in advance. (e)If a meal is included as part of a conference or seminar registration, the per diem amount for that meal is deducted from the daily rate (for example, per diem less lunch: $37.00 - $12:00 = $25.00). Section G. Early Release. 1.Employees working the 3/3 twelve (12) hour schedule who are required to report to work for any reason other than in-service training between two (2) graveyard shifts or following a graveyard shift, shall be relieved from duty at least eight (8) hours prior to having to report to duty without loss of time or overtime minimums. 2.Employees working the 3/3 twelve (12) hour schedule who appear in court five (5) hours or more between two (2) graveyard shifts may be relieved from duty until 2300 hours on the night after appearance, without loss of time or court overtime minimums. 3.It is the Employer’s desire to not have an employee work more than sixteen (16) hours in a workday. Except in an emergency situation, the employer will make every effort to ensure that employees do not work more than sixteen (16) hours in a workday. 4. 5.Non-Commissioned personnel called into work prior to the beginning of their normal scheduled hours shall be allowed to start their regularly scheduled shift at the time called in. Work hours spent on the time called in will be at the overtime rate. Once the call is complete, or the employee’s regular start time arrives, the employee may elect to flex the remainder of their shift pending supervisor approval. Regular shift time hours will be paid at the straight time rate. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 312 of 469 Police Non-Commissioned 2009 2010-2012 19 ARTICLE 5- SALARIES Section A. The Employer agrees to maintain salaries in accordance with attached Appendix A. Section B. This Agreement shall be opened for the purpose of negotiating wages, hours, and working conditions for any new classifications of employees not covered within this Agreement. Such salaries shall become effective upon the date the new position is filled. Nothing in this Section shall preclude the Employer from establishing such new positions or classifications. ARTICLE 6- ALLOWANCES AND PREMIUMS Section A. Clothing Allowance. 1.Community Program Coordinators, Crime Analyst, and Domestic Violence Victim’s Advocate shall receive $550 per year as clothing allowance. 2.The purpose of such allowance is to buy, maintain, and repair any equipment or clothing required by the Employer, which is not furnished by the Employer. The allowance shall be paid in January of each year by separate check, and is subject to pro rata deduction from the final paycheck in the event an employee does not serve the entire twelve (12) months for which such payment was made, with the exception of an employee who retires or dies, in which event no deduction shall be made. 3.It is agreed that all equipment and clothing issued by the City of Renton shall remain the property of the Employer and same shall be returned to the Employer upon termination or retirement. It is further agreed that nothing in this Article shall preclude the Employer from taking any authorized action to 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 313 of 469 Police Non-Commissioned 2009 2010-2012 20 maintain the standards of appearance of the Renton Police Department. 4.In the event that the Employer should change the clothing which is required by Resolution 1669 dated March 2, 1970, during the life of the Agreement, employees so affected by such changes shall be reimbursed for the entire cost of three (3) issues of such new clothing. Section B. Quartermaster System.A quartermaster system shall be in effect for employees who wear department uniforms. The Employer will issue a list of required clothing and equipment and a description of the mechanics of the quartermaster system. Required uniforms and equipment shall be provided to each employee as follows: 1.Required uniforms and equipment shall be provided without cost to the employee as set forth in Police Department policy as approved and/or amended by the Chief of Police. Such required uniforms or like clothing once approved by the Chief of Police or designated appointee may be purchased by the employee and be reimbursed by the quartermaster system. 2.Optional uniforms and equipment may be purchased by the employees at their own request. 3.Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable which may be determined by the immediate supervisor or the training coordinator. Section C.Uniform Cleaning. The Employer will provide those non-commissioned employees participating in the quartermaster system with contract cleaning services at the rate of two (2) cleanings per work week/cycle to an annual maximum of $6,000.00 for the entire group of non-commissioned employees participating 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 314 of 469 Police Non-Commissioned 2009 2010-2012 21 in the quartermaster system. Section D.Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1.Crisis Communication Unit – Members assigned to the Crisis Communication Unit will be paid at the rate of double-time with three (3) hour minimum when called to an emergency situation to assist the Special Response Team (SRT)requiring their expertise. Section E. Premium Pay 1.Police Service Specialists and Jailers who are assigned to train or supervise new employees (Field Training Officers – FTO’s) shall be compensated with a 4% premium, starting January 1, 2011.one (1) hour of Field Training Officer (FTO) pay at the straight time rate for each day of such training and/or supervision. Such training premium shall not be received by the Lead Police Service Specialist, Police Services Specialist Supervisor or Jail Sergeants. 2.Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of two percent (2%) per month while certified. Employees who successfully pass the initial examination will be required to recertify annually. The City and Union agree that no more than three (3) certified interpreters shall receive bilingual compensation at any one time. Section F.New Positions. This Agreement shall be opened for the purpose of negotiating premium or hazardous duty pay for any new 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 315 of 469 Police Non-Commissioned 2009 2010-2012 22 position which is not covered within this Agreement; such pay to be effective upon the agreement of both parties. Nothing in this Section shall preclude the Employer from establishing such new positions. Section G. Working Out Of Classification. Any employee assigned the duties normally performed by a higher paying classification shall be compensated as follows, providing the higher classified person was regularly assigned during that period. Such employee shall be paid the equivalent of 1/4 hour overtime for each two (2) hours or fraction thereof worked. Such payment shall be at the time and one-half rate. Section H. Physical Fitness. In recognition of an employee’s personal time expended to maintain a level of fitness, the following program shall apply: 1.Non-commissioned employees who pass the Correctional Officer’s entry-level physical fitness test shall receive a fitness incentive premium for a period of one (1) year following the successful test. The test is voluntary and will be offered at least three (3) times each year. 2.The testing dates/times shall be posted on or before February 1st of each year. The City can combine testing with the Commissioned unit. 3.Employees who comply with the above shall be compensated with an additional three percent (3.0%) of base pay, in the form of deferred compensation. ARTICLE 7- SICK LEAVE 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 316 of 469 Police Non-Commissioned 2009 2010-2012 23 Section A. Sick Leave. 1.Sick leave benefits under this paragraph will begin accrual upon employment with the award of twenty-four (24) hours of sick leave. Upon completion of the third month of employment, an additional twenty-four (24) hours of sick leave will be awarded. Upon completion of the sixth month of employment, sick leave will accrue at the rate of one (1) day per month to a maximum of one hundred thirty-two (132) days (1056 hours). 2.The Employer will cash out at the rate of 50% all sick leave accrued (but not used) over 520 hours, by December 31 of each year for employees submitting a written request. These amounts, by employee request, may be placed into deferred compensation accounts selected by t he Employee and Employer by the close of the first pay period following December 31 of each year. 3 Cash payment for sick leave accrued in accordance with subsection two (2) will not be made upon an employee’s death, retirement, or voluntary separation. 4.Employees using three (3) days or less of sick leave in any calendar year shall receive one (1) day off with pay the following year. 5.Employees shall be entitled to utilize sick leave for family medical emergencies or for illness in the immediate family. For the purposes of this section "immediate family" shall include only the employee’s children, parents, domestic partner, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse or domestic partner and/or family at the time that the employee's spouse or domestic partner is 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 317 of 469 Police Non-Commissioned 2009 2010-2012 24 giving birth to a child. Section B. Funeral Leave. Full time employees whose immediate family suffers a death shall receive up to three (3) days off with pay to attend to necessary arrangements. A day off is defined as the number of hours scheduled to be worked by the employee (8 hours, 9 hours, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, stepchildren, mother, stepmother, father, stepfather, brother, sister, mother-in-law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for funeral leave shall not be considered sick leave. Section C. Light Duty Requirement. Employees who are injured on duty, and are expected to return to full duty, will be assigned to light duty. An employee may be exempted from this light duty requirement if under the advice of his/her physician. Employees who are working the 3/3 twelve (12) hour schedule, shall stay on a twelve (12) hour schedule and will retain their schedule adjustment pay of 5.24%. However, their actual hours of duty may change to better utilize their skills in a light duty assignment. ARTICLE 8- HOLIDAYS Section A. The following days shall be observed as legal holidays: 1.January 1 (New Year's Day) 2.Last Monday in May (Memorial Day) 3.July 4 (Independence Day) 4.First Monday in September (Labor Day) 5.November 11 (Veteran's Day) 6.Fourth Thursday in November (Thanksgiving) 7.The Friday following the fourth Thursday in November (day after Thanksgiving) 8.December 25 (Christmas) 9.The day before Christmas shall be a holiday for City employees 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 318 of 469 Police Non-Commissioned 2009 2010-2012 25 when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas Day occurs on a Monday, Wednesday or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas Day occurs on a Sunday, the two working days following shall be observed as holidays. 10.Any other day proclaimed by executive order and granted to other City employees. Section B. Any employee who works on the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight): 1.Thanksgiving Day 2.Christmas Day ARTICLE 9 - TUITION REIMBURSEMENT Section A. The Employer shall reimburse an employee for the actual cost of tuition and required fees paid by an employee to an accredited college or university, provided that those expenses are incurred: (1) in a course leading to a law enforcement related Associate’s/Bachelor’s/Master’s degree and; (2) that the employee has received a grade of "C" or better or "pass" in a pass/fail grading system and; (3) that such reimbursement for tuition shall not exceed the prevailing rate for undergraduate tuition established by the University of Washington for quarter system credits and by Washington State University for semester systems credits. Reimbursement for job related course work not leading to a law enforcement related degree will require the employee to submit the course of instruction to the Employer for approval, and obtain approval, prior to attending or prior to incurring a cost. Section B. Reimbursement in accordance with Section A above shall 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 319 of 469 Police Non-Commissioned 2009 2010-2012 26 be made only in the event no funds are available from other public funding sources to pay education costs. Any employee reimbursed by the Employer as provided in Section A who fails to successfully complete any term or course shall repay the full reimbursement amount to the Employer within ninety (90) days of the end of the term or course. Should an employee fail to repay the Employer within ninety (90) days, the Police Guild will assume responsibility for immediate repayment to the Employer. If an employee terminates employment within the ninety (90) day period, the amount owed the Employer shall be deducted from his/her final paycheck. ARTICLE 10 - EDUCATIONAL INCENTIVE Section A. Premium pay shall be awarded as an educational incentive to employees in the bargaining unit in accordance with Appendix B of this Agreement. Section B. Employees shall be eligible for Associate Degree or Bachelor’s Degree minimum pay allowances, as provided in Appendix B of this Agreement when such employee has obtained an undergraduate degree from an accredited educational institution. For this section completion of ninety (90) quarter or sixty (60) semester credits of college level work is equivalent to eligibility of Associate Degree pay provided such credits are for academic study, and not based upon “life experience”. ARTICLE 11 – PERSONAL LEAVE Section A. Accrual of Personal Leave. Employees shall accrue paid personal leave time in accordance with the following schedule whenever they are on paid employment status: Length of Service Hours/Month Accrual 0 through 5 years 16 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 320 of 469 Police Non-Commissioned 2009 2010-2012 27 6 through 10 years 20 11 through 15 years 22 16 through 20 years 24 21 and subsequent years 26 Maximum accumulation of personal leave time shall not exceed 536 hours, except when the employee is unable to use personal leave time as a result of illness, disability, or operational considerations beyond the employee’s control. In such event, an employee shall not be penalized for excess accumulation, and the Employer has the option of either allowing excess accumulation or paying the employee for the excess accumulation. Buyback of personal leave accumulation will be allowed during the term of this Agreement, subject to the approval of the Employer (based upon availability of funds) to a maximum of forty-eight (48) hours per year. Section B. Personal Leave Time shall be subject to the following rules: 1.Temporary or intermittent employees who leave the employment of the Employer and are later reemployed shall, for the purpose of this article, have an adjusted date of actual service effective with the date of reemployment. 2.For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 3.Employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time. 4.On the death of an employee in active service, pay will be allowed for any personal leave earned and not taken prior to the death of such employee. 5.An employee granted an extended leave of absence, which 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 321 of 469 Police Non-Commissioned 2009 2010-2012 28 includes the next succeeding calendar year, shall be given proportionate personal leave earned in the current year before being separated from the payroll. 6.An employee returning from military leave of absence, as defined by law, shall be given a personal leave allowance for the previous calendar year as if he/she had been employed. 7.In the event that an employee becomes ill or injured while he/she is on personal leave, and it can be established by the employee that the employee is incapacitated due to the illness or injury, the day or days that he/she is sick under these circumstances shall be carried as sick rather than personal leave, and he/she will for all purposes be treated as though he/she were off solely for the reason of his/her illness or injury. The employee shall submit medical documentation of the illness or injury from the attending physician. Section C. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. 1.The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 2 Employee shall have the option to designate leave requests as “vacation bids” when the request is for a period of time exceeding seven consecutive calendar days in length (including both requested days off and regularly scheduled days off) and is submitted more than thirty-one (31) days in advance of the requested time off. 3.The employee’s request for time off shall be approved or denied within eight (8) days of submitting the request on the proper form. All requests for time off occurring between March 1 and December 31 of any given year and submitted prior to January 14 of that year shall be considered for all 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 322 of 469 Police Non-Commissioned 2009 2010-2012 29 purposes (including 5.a below) to have been submitted on January 14 of that year. 4.In the event that multiple employees request the same day(s) off, and the Employer is not able to accommodate all of the requests due to minimum staffing limitations, then the Employer will use the following criteria, in order, to determine who is granted the leave time: a.Requests submitted on an earlier date shall have precedence over those submitted later. b.If the requests are submitted on the same effective date, then vacation bids shall have precedence over requests that are not vacation bids; c.When the requests are otherwise equal, then the request from the employee with more seniority shall have precedence. Seniority shall be determined according to Article 3. 5.The Employer and the Guild acknowledge that the Employer has a legitimate interest in maintaining proper staffing levels for public safety purposes, and that employees have a legitimate interest in taking their time off at times convenient to them. The Employer shall have the right to set different short-term minimum staffing levels in all work units for special events. Special events are city festivals, and unusual occurrences where additional law enforcement staffing for maintaining order is required. The Employer will notify the employees by January 1 each year of changes to the long-term minimum staffing levels. Section D. Cancellation of Scheduled Leave. The Employer will make reasonable effort to avoid cancellation of approved employee leave time, and to notify employees as soon as possible after the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 323 of 469 Police Non-Commissioned 2009 2010-2012 30 decision to cancel. In the event that the Employer cancels the approved leave time of an employee, the following rules shall apply. 1.If the employee’s request was submitted more than thirty-one (31) days in advance of the scheduled leave, and approved, the Employer may cancel that time off without penalty if at least thirty (30) days notice is given prior to the scheduled leave. 2.If the employee’s request was submitted less than thirty (30) days in advance, but more than nine (9) days, and approved, the Employer may cancel the time off without penalty if at least eight (8) days notice is given. 3.If the request is submitted with eight (8) days notice or less, and approved, the Employer may cancel the time off at any time without penalty. 4.The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 5.For purposes of this section, “penalty” shall refer to the overtime pay provisions of Article 4. Section E. The number of leave hours used for each day off shall be calculated based upon the number of hours in the employee’s work day. Employees assigned to a twelve (12) hour schedule shall use twelve (12) hours of personal leave for each day off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12- LONGEVITY Section A. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. Section B. Longevity allowance shall be payable on the first payday 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 324 of 469 Police Non-Commissioned 2009 2010-2012 31 following the anniversary of the employee. ARTICLE 13- PENSIONS Pensions for employees and contributions to pension funds will be governed by applicable Washington State Statutes. ARTICLE 14- INSURANCES Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees REHP: Renton Employees’ Healthcare Plan Funding Goal: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. Plan Member: An eligible Renton employee, along with their dependents, that is covered under the Renton Employee’s Healthcare Plan. Premiums: The contributions made to the REHP by both the City and the employees to cover the total cost of purchasing the REHP. Contributions made by employees for co-pays, lab fees, ineligible charges, etc., are not considered premiums for the purpose of this Article. Section A. Health Insurance 1. Participation The City and the Local/Union/Guild agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of AFSCME Local 2170; Firefighters – 864; Police Guild; and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150 and federal plans: Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation Act of 2010. The Local/Union/Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. 2. Plan Coverage The City will provide a medical/dental, vision, and prescription drug insurance plan for all eligible employees including all bargaining unit members and their eligible dependents. 3. Premiums For the calendar years 2010 through calendar year 2015 the total cost of the plan shall be divided as follows: City Employees 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 325 of 469 Police Non-Commissioned 2009 2010-2012 32 2010 96% 4% 2011 96% 4% 2012 95% 5% 2013 94% 6% 2014 93% 7% 2015 92% 8% Employee premiums will be based upon the following categories: Employee Employee/Spouse or Domestic Partner Employee/Spouse or Domestic Partner/1 Employee/Spouse or Domestic Partner/2+ Employee/1 Employee/2+ 4. Projected Costs In August of each year the REHBT will meet to review the actual costs of the Plan from July 1st of the previous year through June 30th of the current year. The actual cost together with any projected increase to the REHP shall be used by the REHBT to determine the total premium cost for the following year. 5. Group Health Coverage Bargaining unit members that chose to be covered by Group Health insurance will be required to pay the premium cost of the self-funded plan plus any additional premium cost above the self funded plan. 6. Renton Employees’ Healthcare Board of Trustees The REHBT includes members from each participating Union. Each union will have a maximum of one (1) vote, i.e. the Firefighter Union has two (2) bargaining units but only receives one (1) vote on the REHBT, and the Police Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote also. If all bargaining units participate, the voting bodies would be as follows: AFSCME - 2170; Firefighters -864; Police Guild; and the City for a total of four (4) votes. 7. Plan Changes The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this agreement. 8. Voting Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. 9. Surplus Any surplus in the Medical Plan shall remain available only for use by the Renton Employees’ Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. Section B: Life Insurance The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee’s annual salary, to nearest $1,000, including double indemnity. The Employer shall 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 326 of 469 Police Non-Commissioned 2009 2010-2012 33 furnish a group term life insurance policy for $1,000 for the employee’s spouse and $1,000 for each dependent. Section C. Federal/State Healthcare Options In the event of a Federal/State healthcare option, the REHBT shall have the option to review the proposed Federal/State option and take appropriate actions. Section D. COBRA When an employee or dependent’s health care benefits ceases, the employee or dependent shall be offered medical and dental benefits under the provision of Consolidated Omnibus Budget Reconciliation Act (COBRA) for a period of eighteen (18) months. Section E. Long Term Disability All employees will be enrolled in a city-sponsored long-term disability plan with a benefit equal to 60% of base salary after a maximum waiting period of ninety (90) calendar days or exhaustion of sick leave--whichever is longer. The Employer will pay the premiums necessary to fund the benefits of the plan. Section F. Indemnify and Defend The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee's reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. Section G. Change in Benefits If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. Definitions: REHBT: Renton Employees’ Healthcare Board of Trustees. REHP: Renton Employees’ Healthcare Plan FUNDING GOAL: It is the responsibility of the Renton Employees’ Healthcare Board of Trustees to establish and maintain fund goals in relationship to the Renton Employees’ Healthcare Plan. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 327 of 469 Police Non-Commissioned 2009 2010-2012 34 Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Police Officers Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and Union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Renton Police Officers Guild, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without concurrence from their membership or the City Council during the term of this agreement. Each member union (not bargaining unit), and the City shall have one vote when considering any proposed changes to the REHP. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. In 2009 the employee portion of the medical/dental premium shall remain at the same level as in 2008.The employee shall pay monthly pre-taxed premiums, beginning January 1, 2009, in the amount of $46.00. Effective 01/01/2009, the City agrees to increase its share of the 2009 premium by 8 percent above the 2008 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the REHP through 2009. Should premiums necessary to fund the projected REHP costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. RENTON EMPLOYEES’ HEALTH PLAN BOARD OF TRUSTEES – 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 328 of 469 Police Non-Commissioned 2009 2010-2012 35 Includes members of each participating union. Each union will have a maximum of one (1) vote, i.e. the Renton Police Officers Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote. If all bargaining units participate the voting bodies would be as follows: AFSCME-2170; Firefighters-864; Police Guild and the City for a total of four (4) votes. PLAN CHANGES – The members of the REHBT shall have full authority to make plan design changes without further concurrence from bargaining unit members and the City Council during the life of this Agreement. VOTING – A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City’s agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example – City takes first 8.0%; Cost increases 15.0%; City pays 50% of the additional 7.0% and members pay 50% of the additional 7.0%. Section C. Life Insurance. 1.Each employee shall receive an Employer-paid life insurance policy equal to employee's annual salary, to nearest $1,000, including double indemnity. 2.Each employee's spouse shall receive a $1,000 group term life insurance policy. 3.Each employee's dependent shall receive a $1,000 group term life insurance policy. Section D. All employees will be enrolled in a city-sponsored long-term disability plan with a benefit equal to 60% of base salary after a maximum waiting period of ninety (90) calendar days or 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 329 of 469 Police Non-Commissioned 2009 2010-2012 36 exhaustion of sick leave--whichever is longer. The Employer will pay the premiums necessary to fund the benefits of the plan. Section E. The Employer shall indemnify and defend any employee against any claim or suit, where such claim or suit arises because such employee performs his/her duty as an employee of the Renton Police Department. The Employer shall pay on behalf of any employee any sums which the employee shall be legally obligated to pay as a result of that employee's reasonable or lawful activities and exercise of authority within the scope of his/her duties and responsibilities as an employee of the Renton Police Department. Indemnity and defense shall not be provided by the Employer for any dishonest, fraudulent, criminal or malicious act or for any suit brought against the employee by or on behalf of the Employer. Section F. If for reasons beyond the control of the Employer or Guild a benefit of any one of the provisions agreed to in this Article is abolished, changed, or modified as to reduce the benefit, the Employer agrees to replace it with a like benefit prior to the effective date of the change. ARTICLE 15 - BILL OF RIGHTS Section A. The Employer retains the right to adopt rules for the operation of the Renton Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, City and State Civil Service Rules and Regulations as they exist, or any provision of this Agreement. It is agreed that the Employer has the right to discipline, suspend, or discharge any employees for just cause subject to the provisions of the City Ordinances, City and State Civil Service Rules and Regulations as they exist, and terms of this Agreement. Section B. Bill of Rights. 1.In an effort to ensure that investigations as designated by the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 330 of 469 Police Non-Commissioned 2009 2010-2012 37 Chief of Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Renton Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". 2.Non-probationary employees who become the subject of an internal investigation shall be advised in writing at least twenty-four (24) hours prior to the interview that he/she is suspected of: a.committing a criminal offense; b.misconduct that would be grounds for termination, suspension, or other disciplinary actions; or, c.that he/she may not be qualified for continued employment with the Department. 3.Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. An investigation as used elsewhere in this Article shall be interpreted as any action, which could result in a dismissal from the Department or the filing of a criminal charge. In any investigation that may lead to discipline, the employee is entitled to have Guild representation to the extent permitted by law. 4.The employee under investigation must, at the time of an interview, be informed of the name of the employee in charge of the investigation and the name of the employee who will be conducting the interview. General Order 52.1.1 will govern the assignment of investigations (see Appendix C). 5.The employee shall be informed in writing as to whether he/she is a witness or suspect. If the employee is a suspect, he/she shall be apprised in writing of the allegations of such complaint twenty-four (24) hours before any interview 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 331 of 469 Police Non-Commissioned 2009 2010-2012 38 commences. Allegations are defined for the purpose of notification as the specific General Orders in violation. General Order 52.1.6 shall govern the notification process (see Appendix C). 6.The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. 7.The employee or Employer may request that a formal investigation interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee will be furnished a copy of the completed investigation seventy-two (72) hours prior to any pre-disciplinary Loudermill hearings 8.Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing or Guild representative before being interviewed. The employee shall be entitled to such intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods. 9.All interviewing shall be limited in scope to activities, circumstances, or events, which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one or more of the categories contained in Item 2 herein. 10.The employee will not be threatened with dismissal or other 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 332 of 469 Police Non-Commissioned 2009 2010-2012 39 disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions. 11.Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 12.To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee’s fitness for duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee’s right to privacy the Medical Release Form agreed upon by the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix D). 13.No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test, or to answer questions for which he/she might otherwise invoke the protections of any constitutional amendment against self-incrimination. 14.Should any section, sub-section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. 15.Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in the Unusual Occurrences 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 333 of 469 Police Non-Commissioned 2009 2010-2012 40 Manual (Department Response to Line of Duty Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force. 16.Investigations of members by the Employer shall be completed in a timely manner with a goal of completion within thirty (30) days. Section C. Drug and Alcohol Testing 1.The Employer considers its employees its most valuable asset. The Employer and the Guild share concern for the safety, health and well being of police department members. This community and all City employees have the absolute right to expect persons employed by the Employer will be free from the effects of drugs and alcohol. 2.Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn therefrom, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). 3.Drug and alcohol* tests shall be performed by a HHS certified laboratory or hospital or clinic certified by the State of Washington to perform such tests. (* Initial alcohol testing may be performed by a Certified Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) a.Drug Testing i.An initial drug screen shall be performed using the Immunoassay (IA) method. ii.Any positive results on the initial drug-screening list 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 334 of 469 Police Non-Commissioned 2009 2010-2012 41 shall be confirmed through use of Gas Chromatography/Mass Spectrometry. iii.The drug panel and cut off standards shall be as defined by 49 CFR Part 40 which sets forth the procedures for drug testing in the Department of Transportation (DOT). iv.Confirmed positive drug test results shall be sent to a licensed physician who, as Medical Review Officer (MRO), will review the affected employee’s medical history and other relevant factors to determine if the positive test result should be excused. The MRO will notify the department of the results of his or her review. Negative test results shall be sent to the Employer’s drug and alcohol testing administrator who will notify the designated department representative and employee of the test results. b.Alcohol Testing Alcohol test results shall be released to the employee and department upon conclusion of the test. For the purpose of determining whether the employee is under the influence of alcohol, test results of .02 or more based upon the results of an Evidential Breath Testing device shall be considered positive. c.Confirmation of Test Results i.Employees notified of a positive alcohol test result may request the opportunity to have a blood sample drawn for analysis at either a hospital or certified testing lab as chosen by the Employer. ii.Employees notified of a positive drug test may request that the Medical Review Officer send a portion of their first sample to the hospital or HHS 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 335 of 469 Police Non-Commissioned 2009 2010-2012 42 certified laboratory of the employee’s choice for testing by Gas Chromatography/Mass Spectrometry. iii.The cost of employee requested tests are the responsibility of the employee. If the test results are negative, the Employer will reimburse the employee for the cost of the test. ARTICLE 16 - MANAGEMENT RIGHTS Section A. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. Section B. Subject to the provisions of this Agreement, the Employer reserves the right: 1.to recruit, assign, transfer, and promote members to the positions within the Department; 2.to suspend, demote, discharge, or take other disciplinary action against members for just cause; 3.to relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 4.to determine methods, means, and personnel necessary for Departmental operations; 5.to control the Department budget; 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 336 of 469 Police Non-Commissioned 2009 2010-2012 43 6.to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 7.to determine classification, status, and tenure of employees; 8.to perform all other functions not limited by this Agreement. ARTICLE 17 - GRIEVANCE PROCEDURE The Employer recognizes the importance and benefit of settling grievances promptly and fairly in the interest of better employee relations and morale. To this end, the following procedure is outlined. Every effort will be made to settle grievances at the lowest level of supervision. Employees will be unimpeded and free from unreasonable restraint or interference and free from coercion, discrimination, or reprisal in lawfully seeking adjudication of their grievance. Section A. Definitions. 1.Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 2.Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer-employee relations of any nature or kind whatsoever. 3.Guild Representative: A Guild member designated by the Guild President as a bargaining representative. Section B. Procedure. The steps set forth herein shall be followed unless the Chief of Police and the Grievant, Guild, or individual raising the issue agree in any particular case that the procedural steps and/or time limits should be modified. Any agreement to modify the procedural steps and/or time limits shall be in writing. In 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 337 of 469 Police Non-Commissioned 2009 2010-2012 44 the event that no provision is made to modify any procedural steps an/or time limits, and either of the parties violates them, the grievance/issue shall be considered settled in favor of the party that is not in default at the time. If any specified participant in the steps below is absent and thus unable to timely participate, such step(s) may be completed by the participant’s designee. Step (1) The employees and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander/Manager within twenty (20) calendar days from the date that the grievant knew or reasonably should have known of the action precipitating the grievance/issue. The Division Commander/Manager shall notify the Employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step (2) If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Deputy Chief within fifteen (15) calendar days. If the grievance is initiated by the Guild, it shall be initiated at Step (2) of the grievance process within fifteen (15) calendar days from the date the Guild knew or reasonably should have known of the action precipitating the grievance/issue. The Deputy Chief shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step (3) If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Chief of Police within fifteen (15) calendar days. The Chief of Police shall notify the employee(s) and the Guild Representative in writing of his/her decision and the reasons therefore within fifteen (15) calendar days thereafter. Step (4) If the grievant is not satisfied with the decision rendered, he/she shall submit the grievance/issue in writing to the Mayor within fifteen (15) calendar days. The Mayor shall notify the 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 338 of 469 Police Non-Commissioned 2009 2010-2012 45 employee(s) and the Guild Representative in writing of his/her decision, and the reasons therefore within fifteen (15) calendar days thereafter. Consideration of the issue shall conclude at this point. Step (5) If the grievance has not been settled by the Mayor, either party may submit the matter to arbitration. In any case, the matter must be referred to arbitration within ninety (90) days from conclusion of the fifteen (15) day period of consideration by the Mayor. A neutral arbitrator will be selected jointly by both parties. If the parties cannot agree on an arbitrator, they will request a list of arbitrators from the American Arbitration Association (AAA) and alternately strike names, if necessary, to pick an arbitrator. The arbitrator selection process will not exceed ten (10) days. The total cost of the proceedings shall be borne equally by both parties. The arbitrator's award shall be final and binding on both parties, provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. When an employee or the Guild appeals a grievance to arbitration, such appeal shall be made in writing and shall constitute an election of remedies and, to the extent allowed by law, a waiver of any and all rights by the appealing employee or the Guild to litigate or otherwise contest the appealed matter in any court or other available forum. Section C. Election of Remedies. In the case of disciplinary actions that are appealable to the Civil Service Commission, a non-probationary employee may file a grievance under the terms of this Agreement alleging that the disciplinary action was not for just cause. If the employee does so, it shall constitute an election of remedies and said employee shall be barred from pursuing the issue in any other forum including, but not limited to, the Civil Service Commission. Likewise, if an employee files litigation in any other legal forum, including Civil Service, that employee may not grieve said discipline and any grievance previously filed shall be deemed withdrawn and any remedies previously granted shall be void. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 339 of 469 Police Non-Commissioned 2009 2010-2012 46 ARTICLE 18 - PERFORMANCE OF DUTY Section A. Nothing in this Agreement shall be construed to give an employee the right to strike, and no employee shall strike or refuse to perform assigned duties to the best of his/her ability. It is further agreed that no employee shall refuse to cross the picket line of any other union during his/her scheduled work shift. Section B. The parties recognize and agree to abide by the provisions of RCW 41.56.120. ARTICLE 19 - RETENTION OF BENEFITS Section A. Wages, hours, benefits, and working conditions constituting mandatory subjects of bargaining in effect on the effective date of this Agreement shall be maintained unless changed by mutual agreement between the Employer and the governing body of the Guild. Section B. The Employer agrees to notify the Guild in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, except in emergency situations and provided that the Employer is aware of the changes or hearings. ARTICLE 20 - PAY DAYS Section A. Employees shall be paid twice each month and any employee who is laid off or terminated shall be paid all monies due on the next following payday. All employees shall be paid on the 10th and 25th day of each month. If the 10th or 25th day of the month falls on a holiday or weekend period, the employees shall be paid on the last business day prior to that period. If an employee is leaving on vacation, an early check request 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 340 of 469 Police Non-Commissioned 2009 2010-2012 47 authorized by the immediate supervisor may be granted provided the check has been processed and is ready for disbursement. Section B. All employees will participate with direct deposit of paychecks. The Employer will adopt appropriate administrative procedures allowing for direct deposit. The Employer will, to the extent feasible, assure that funds are transmitted as near in time as possible to the time at which paychecks are distributed to other employees. ARTICLE 21 - SAVINGS CLAUSE Section A. If any article of this Agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addenda shall not be affected thereby, and the parties shall enter within ten (10) calendar days into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement or modification of such Article held invalid. Section B. Any conflict between the provisions of this Agreement and current Civil Service Rules and Regulations shall be resolved as set forth herein. It is further understood that (a) to the extent the labor agreement does not address a matter (e.g., discipline, seniority, lay offs, etc.) and Civil Service does, then Civil Service shall prevail; (b) to the extent the labor agreement does address a matter (e.g., discipline, seniority, lay offs, etc.) and Civil Service also does so, the labor agreement shall prevail. The Employer and Guild otherwise retain their statutory rights to bargain changes in Civil Service Rules and Regulations (i.e. changes initiated after the effective date of this agreement) for employees in the bargaining unit.. Upon receiving notice of such proposed changes(s) from the Civil Service commission, either party may submit a written request to the mayor (within sixty (60) calendar days after receipt of such notice) and the result of such bargaining shall be made a part of this 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 341 of 469 Police Non-Commissioned 2009 2010-2012 48 Agreement. Section C. This Agreement and any and all amendments and modifications hereafter entered into and executed by and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors and assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. Section D. In case of any merger or consolidation by the Employer with another governmental agency, either party shall have the right to reopen this Agreement for negotiation of any positions affected by the merger or consolidation. Section E. The Employer shall have the right to bargain any issues arising out of the implementation of the Fair Labor Standards Act (FLSA) including any conflicts that may arise regarding Article 19, Retention of Benefits. Statutory provisions for resolution of impasses reached in collective bargaining, and contractual provisions for resolution of grievances arising out of such FLSA issues shall apply. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 342 of 469 Police Non-Commissioned 2009 2010-2012 49 ARTICLE 22 - ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. Section B. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the Employer and the Guild for the duration of this Agreement each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 23 - DURATION OF AGREEMENT DURATION OF CONTRACT: JANUARY 1, 2009 2010 - DECEMBER 31, 20092012 Signed this ___________ day of __________________, 2008 2010 at Renton, Washington. CITY OF RENTON RENTON POLICE GUILD (NON-COMMISSIONED) Denis Law, Mayor Michael WeiszMark Coleman, President Kevin Milosevich, Police Chief Augustine AbramTerri Vickers, 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 343 of 469 Police Non-Commissioned 2009 2010-2012 50 Member Nancy Carlson, Human Resources & Risk Management Administrator Dana DipolaThomas Wilkinson, Member Michael R. Webby, Consultant Eileen Flott, Human Resources Manager Timothy Troxel, Deputy Chief Janelle Tarasewicz, Human Resources Analyst ATTEST: Bonnie I. Walton, City Clerk Chad Jay, Member Michael Luther, Member Darrell Pilat, Member Terri VickersAugustine Abrams, Member Approved as to legal form: Lawrence J. Warren, City 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 344 of 469 Police Non-Commissioned 2009 2010-2012 51 Attorney 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 345 of 469 Police Non-Commissioned 2009 2010-2012 52 APPENDIX A Section A. Effective January 1, 2009, the base wages for all positions represented by the bargaining unit shall be increased by a 5.5% COLA. 1.Effective January 1, 2010, the base wages for all positions in the bargaining unit shall be the same as the wages in place in 2009. 2.Effective January 1, 2011, base wages shall be increased by 1% above the wages in place in 2010. Effective January 1, 2012, the base wages shall be increased by 2.5% above the wages in place in 2011. Section B. Effective January 1, 20092010, the salary schedule shall be as follows: 12 Mos Step A 12 Mos. Step B 12 Mos. Step C 12 Mos. Step D 49 + Mos. Step E Parking Enforcement Officer 2781 3023 3361 3734 3916 Police Secretary 3089 3336 3671 4040 4239 Police Service Specialist 3299 3562 3921 4314 4527 Police Service Specialist Lead (7.5% over Step E of Police Service Specialist) 4867 Police Service Specialist Supervisor (15.% over Step E of Police Service Specialist) 5206 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 346 of 469 Police Non-Commissioned 2009 2010-2012 53 Animal Control Officer 3576 3866 4252 4676 4909 Jailer 3576 3866 4252 4676 4909 Jail Sergeant (15% over step E of Jailer)5645 Evidence Technician 3791 4092 4504 4955 5209 Electronic Home Detention Jailer 3974 4290 4723 5192 5450 Police Community Program Coord.- 4028 4352 4781 5155 5414 Domestic Violence Victim Advocate 3760 4084 4540 4989 5253 Crime Analyst 4028 4352 4781 5155 5414 Section C. Accreditation Premium. The Employer shall contribute three percent (3.0%) of the employee’s base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department, and shall remain in effect throughout the life of this Agreement. APPENDIX B 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 347 of 469 Police Non-Commissioned 2009 2010-2012 54 2009 Employees shall receive longevity pay according to the following scale: Completion of 5 years – 2% Completion of 10 years – 4% Completion of 15 years – 6% Completion of 20 years – 10% Completion of 25 years – 12% Employees shall receive educational pay according to the following scale: AA Degree/90 credits – 4% BA/BS Degree/Masters – 6% 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 348 of 469 Police Non-Commissioned 2009 2010-2012 55 APPENDIX C SUBJECT: INTERNAL AFFAIRS - ADMINISTRATION This order consists of the following numbered sections: 52.1.1 Complaints - Investigation 52.1.2 Direct Access to the Chief of Police 52.1.3 Complaints - Notifying the Chief of Police 52.1.4 Complaint Investigation Time Limits 52.1.5 Complainant Notification of Status of Investigation 52.1.6 Notification of Allegations and Rights 52.1.7 Conditions for Additional Investigation 52.1.8 Internal Investigations - Relief from Duty 52.1.9 Internal Investigations - Conclusion of Fact 52.1.10 Internal Investigations - Records 52.1.11 Internal Investigations - Annual Summary 52.1.12 Internal Investigations - Registering Complaint Procedures 52.1.1 Complaints - Investigation I.All complaints against the agency or its employees will be investigated. The function of Internal Affairs is to ensure that the integrity of the Renton Police Department is maintained through an internal system. Objectivity, fairness, and justice are assured by intensive and impartial investigation and review to clear the innocent, establish guilt of wrongdoers, and facilitate fair, suitable, and consistent disciplinary action. II.The Chief of Police is responsible for the Internal Affairs function, and delegates responsibility to the Deputy Chief. The Deputy Chief is responsible for: A.Recording, registering, and controlling the investigation of 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 349 of 469 Police Non-Commissioned 2009 2010-2012 56 complaints against department members: 1.Upon receipt of a complaint, the Deputy Chief will review the complaint, enter the complaint in the Complaint Log and obtain a log number, check the Complaint Log for any similar complaints and notify the Chief of Police of the allegations; 2.The Deputy Chief will determine if the investigation is to be handled by the principal member’s supervisor, or other departmental personnel with specific expertise relating to the allegation. In the case of a criminal allegation, the Chief of Police will determine if the investigation is to be assigned to the Investigations Division or elsewhere. B.Supervising and controlling the investigation of alleged or suspected misconduct within the department. 1.Deputy Chief will assign complaints and allegations of misconduct for investigation; 2.Division Commanders will ensure investigations are promptly adjudicated to ensure the integrity of the department and its members; 3.When the investigation is completed, it will be forwarded to the appropriate chain of command for staff review. C.Maintain the confidentiality of the internal affairs investigation and records: 1.The Administrative Secretary will maintain the Complaint Log and Investigation Files, permitting no access to them, except as authorized by the Chief of Police. III.The following types of investigations may be conducted as part of an Internal Affairs function: 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 350 of 469 Police Non-Commissioned 2009 2010-2012 57 A.Informal investigation may be conducted on complaints determined to be informal primarily based upon the nature and complexity of the allegation(s). Incidents that are of a less serious nature should be reported to the member’s division commander in a timely manner, which would normally be within 24 hours, except on weekends. Informal Investigation: 1.May be conducted on less serious allegations of misconduct where the supervisor or command officer has the option to handle the complaint at the lowest level of supervision; 2.May be conducted on complaints in which the complainant does not wish to sign a formal complaint. 3.Examples of complaints that may be classified as informal include but are not limited to: a.Failure to take proper police action; b.Slow or no response; c.Poor demeanor. B.Formal investigations are determined to be formal primarily based upon the nature and complexity of the allegation. Formal complaints against employees will be directed immediately to the member’s division commander or manager via the chain of command. Division Commanders will notify the Deputy Chief who will forward the complaint to the Chief of Police. Formal Investigation: 1.Will be conducted on all signed Police/Citizen Complaints; 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 351 of 469 Police Non-Commissioned 2009 2010-2012 58 2.Will be conducted on serious allegations of misconduct; 3.Examples of complaints or allegations that may be determined as formal include but are not limited to: a.Allegations of violations of law; b.Allegations of brutality of misuse of force; c.Breach of civil rights. C.Formal investigations will be reviewed by those responsible for the Internal Affairs function, the Deputy Chief and the Chief of Police. Review of informal investigations is the responsibility of the respective supervisor of the person investigating the complaint. IV.Investigation - The primary responsibility for the proper completion of investigation of all allegations of employee misconduct lies with the Deputy Chief. A.As a general policy, all informal investigations are handled by the line supervisor. Any formal or informal complaints or inquiries may be investigated by a line supervisor. B.The individual assigned as the investigator will be one of the following persons: The accused employee’s supervisor; A member of the Investigations Division; 3.Anyone else the Chief may designate. C.The investigating officer will commence his investigation on the basis of the complaint. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 352 of 469 Police Non-Commissioned 2009 2010-2012 59 1.If, during the investigation of the initial complaint, it is disclosed that other misconduct may have taken place, this misconduct will also be investigated, reported upon, and adjudicated. 2.The investigator assigned will investigate and report all aspects of the case in a manner which is fair and impartial to all persons. 3.The investigator will be responsible for informing the Division Commanders of the continuing developments in the investigation to determine whether to: Retain the accused employee in current assignment. Excuse the accused employee from duty. c.Assign the accused employee to some other duty where there is close supervision and limited contact with the public or other police personnel. 4.The investigator will complete the investigation and submit the report in a timely manner with a goal of completing the process within the 30-day limit. D.The investigator’s final report to Internal Affairs for informal investigations will be completed in accordance with General Order 52.1.4. E.The investigator’s final report to Internal Affairs on formal investigations will contain: 1.A written summary report which includes: a.The Internal Affairs number; 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 353 of 469 Police Non-Commissioned 2009 2010-2012 60 b.The nature of complaint; c.The name(s) of employee(s) involved; d.The allegations summary (concise, but a complete synopsis of the allegations); e.Investigation - including a chronological summary of the investigation; f.Findings of fact - including, by numerical listing, a summary of findings of fact. 2.Statements - interviews and letters of employees, citizens, and witnesses. 3.Reports - copies of all related reports. 4.Correspondence - copies of any memos or formal letters related to the investigation. V.Staff Review of Internal Affairs Investigations A.After the investigation of formal complaints is completed, the case file will be forwarded to the involved employee’s chain of command for staff review. B.The first line supervisor will review the case, make his disposition and penalty recommendations, when applicable, and forward the file to his Division Commander for review. C.The Division Commander will review the case, make the recommendations, and forward the file to the Deputy Chief. D.The Deputy Chief will review the case, make recommendations, and forward the file to the Chief of Police for 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 354 of 469 Police Non-Commissioned 2009 2010-2012 61 final review and final adjudication. E.The final disposition of each allegation in a complaint will be classified in one of the ways outlined in General Order 52.1.9. F.Upon approval of the Chief of Police, the Internal Affairs’ assigned component will send a letter to the reporting party, and notify the employee through the chain of command as to the disposition. G.The completed investigation will then be considered closed, and filed numerically. 52.1.2 Direct Access to Chief of Police I.The Deputy Chief is responsible for the Internal Affairs component, and reports directly to the Chief of Police. 52.1.3 Complaints - Notifying the Chief of Police I.All complaints against the department or department personnel shall be directed to the member’s division commander or manager via the chain of command. Division commander and manager will notify the Deputy Chief when such complaints are brought to their attention. The Deputy Chief will, in turn, forward to the Chief of Police information about the complaint and how it was received. 52.1.4 Complaint Investigation Time Limits I.To achieve a speedy resolution to internal affairs issues, an Internal Affairs investigation will generally be completed within 30 days. A verbal status report will be given to the Chief of Police at least weekly. II.In cases where extenuating circumstances exist, the time limit 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 355 of 469 Police Non-Commissioned 2009 2010-2012 62 may be extended by the Deputy Chief with approval of the Chief of Police. 52.1.5 Complainant Notification of Status of Investigation I.The Renton Police Department will keep the complainant informed concerning the status of a complaint. A.Complainants signing a formal complaint form (RPD073) will be furnished a copy of the complaint form. The form briefly describes the responsibilities of the complainant and the actions to expect of the Renton Police Department. B.Periodic status reports will be communicated to complainants signing a formal complaint, although the degree of specificity of the status report is at the discretion of the investigator; C.A letter approved and signed by the Chief of Police will be sent to the complainant informing him/her of the final disposition of their formal complaint. 52.1.6 Notification of Allegations and Rights I.Affected employees who become the subject of an internal affairs investigation will be notified in writing: A.That they have become the subject of an internal affairs complaint; B.The allegation(s) against the employee; C.The employee’s rights and responsibilities relative to the investigation. II.The principal member of the investigation will be furnished a copy of the complaint. Affected employees will be afforded all 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 356 of 469 Police Non-Commissioned 2009 2010-2012 63 protections under State law, Civil Service, City Ordinance, and the Officer’s Bill of Rights as agreed upon between the City of Renton and the Renton Police Guild. 52.1.7 Conditions for Additional Investigation I.Evidence collection for investigations involving Renton Police Department employees will be conducted in accordance with state law, and the current applicable labor agreement between the City of Renton and the Renton Police Officer’s Guild. II.Additional investigation may be required during the course of such investigation. The following may be requested of the principal department member upon the approval of the Chief of Police or his designee: A.Medical or laboratory examinations; B.Photographs of the affected employee(s); C.Directing the employee to participate in a lineup; D.Requiring an employee to submit financial disclosure statements, records; E.Use of instruments for the detection of deception, including polygraph. 52.1.8 Internal Investigations - Relief From Duty I.Supervisors or command officers may temporarily relieve an employee from duty with pay, under the following circumstances: A.The employee is unfit for duty due to physical or psychological reasons (i.e. intoxication, etc.). 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 357 of 469 Police Non-Commissioned 2009 2010-2012 64 B.Supervisors or command officers may temporarily relieve an employee from duty, with pay, in response to serious performance related issues, or actions pending disposition of an internal affairs investigation. II.An employee relieved from duty will be required and directed to report to the Deputy Chief, or his designee, at 0900 hours the next day. The supervisor or command officer relieving the employee from duty will also report to the Chief of Police with all the necessary reports. The Deputy Chief with the approval of the Chief of Police may extend the relief from duty as required by the circumstances. III.In all cases where an employee is relieved of duty under this General Order, the employee's Supervisor, Division Commander, Deputy Chief, and CDO (Command Duty Officer) will be notified as soon as possible. 52.1.9 Internal Investigations - Conclusion of Fact I.An assessment of each allegation of employee misconduct shall be made and classified as one of the following. A.Exonerated - The alleged act occurred, but was justified, legal and proper; 1.Proper conduct - The allegation is true. The action of the agency or the employee was consistent with agency policy, and the complainants suffered no harm; 2.Policy Failure - The allegation is true, though the action of the agency or the employee was consistent with agency policy. The complainant suffered harm. B.Sustained - The accused employee committed the allegation of misconduct. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 358 of 469 Police Non-Commissioned 2009 2010-2012 65 C.Not Sustained - The investigation produced insufficient information to clearly prove or disprove the allegation. D.Unfounded - The alleged act did not occur. E.Misconduct not based on the original complaint - This is used to indicate the discovery of sustained acts of misconduct that were not alleged in the original complaint. The new allegations are investigated under the same procedures. 52.1.10 Internal Investigations - Records I.The Renton Police Department investigates and maintains records of all complaints made against the Department and its employees. These records shall be maintained securely, ensuring the confidentiality of these records are protected. A.The Administrative Secretary maintains a complaint log of all formal complaints, which is maintained by the office of the Chief of Police. B.Supervisory and Command personnel are responsible to securely maintain appropriate records of all informal complaints. 52.1.11 Internal Investigations - Annual Summary I.The Deputy Chief will compile an annual statistical summary report based on the records of Internal Affairs investigations. Copies of the statistical summary will be disseminated to the Chief of Police for appropriate distribution, including the Accreditation Files. The report will be made available through the Chief of Police to the public, City officials and Department employees upon request. 52.1.12 Registering Complaint Procedures 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 359 of 469 Police Non-Commissioned 2009 2010-2012 66 I.The Renton Police Department will make available to the general public the Police/Citizen Complaint form (RPD073). The form may be obtained from any supervisory or command officer or at the Front Counter. II.The form will briefly describe the responsibilities of the complainant and the investigation process. III.All employees will be furnished a copy of the General Orders and should make themselves aware of the provisions. 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 360 of 469 Police Non-Commissioned Contract 2006 - 2008 67 APPENDIX D M E D I C A L R E L E A S E I, __________________, hereby release Dr.__________________ To provide the following medical information to my employer. In accordance with sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above-named doctor is required to maintain all medical records in association with the examination of me on separate forms and in separate medical files and must treat those records as a confidential record with the following exceptions: The above –named doctor may advise my employer regarding: 1.Psychological or physical fitness to perform all the essential functions of my current job classification; 2.If unable to perform all those functions, the duties that I am able to perform and 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 361 of 469 Police Non-Commissioned Contract 2006 - 2008 68 which duties I am not able to perform; 3.If unable to work at this time, when I can reasonably be expected to return to work at my regular duties; 4.Any necessary restrictions on my work or duties; 5.Any necessary accommodations which may be required to allow me to perform the essential functions of my current job classification; and 6.Any recommendation for psychotherapy or other form of therapy, counseling and/or medical treatment. This Release is intended to grant no further access to my confidential medical records than the Americans with Disabilities Act allows, and the examining physician is instructed accordingly. _____________________________ ________________________ PATIENT DATE 6h. ‐ Human Resources and Risk Management Department recommends  approval of the AFSCME Local 2170, IAFF Local 864 Firefighters and  Page 362 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Court Assessment Grant for Contract with National Center for State Courts Meeting: Regular Council - 04 Oct 2010 Exhibits: Grant Request Letter to SJI SJI Grant Acceptance Letter Submitting Data: Dept/Div/Board: Municipal Court Staff Contact: Joe McGuire, Court Services Director (x6531) Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ $3,500 Transfer Amendment: $$35,000 Amount Budgeted: $ 0 Revenue Generated: $N/A Total Project Budget: $ $54,250 City Share Total Project: $ $19,250 SUMMARY OF ACTION: The Renton Municipal Court has experienced marked increases in criminal and infraction case filings since 2005, stemming from City growth (annexation and natural population growth) and the implementation of the photo enforcement and speed zone camera program. Prior to 2008, the Court processed on average 800 infractions per year, and with the photo enforcement program, has processed close to 4,000. Criminal filings (Driving Under the Influence, Criminal Traffic, and other cases) have nearly doubled from 196 per year to 373 to date in 2010. With this growth in workload, Municipal Court has also increased staff by two Judicial Specialists to process cases. Since 2009, the economic downturn and resulting City budget challenges have prompted dozens of changes to the Court's internal business practices to streamline and improve efficiency. Municipal Court seeks to continue efforts to operate as efficiently and economically as possible, without jeopardizing the integrity and fairness of the judicial process. Court and Executive branches have a strong interest in understanding how to respond to increased workload with sound business processes and efficient management as future growth occurs. The National Center for State Courts, a recognized consultant in court program review, has agreed at the Court's request to conduct an assessment of the Renton Municipal Court. Study focus includes case management, courtroom operations, use of technology and re-engineering, management and staff deployment, customer service, enforcement of court sanctions and orders, enforcement of court process and orders, finance and recordkeeping, and interaction with and use of stakeholder groups. This operational assessment brings a program review of Municipal Court, and is aligned with the City's efforts to continuously improve business process and practices, efficiency and effectiveness of Court operations. The findings from the assessment will be provided in a draft with findings, recommmendations and next steps, with proposed performance measures. The total cost of the study is $54,250. Municipal Court has successfully sought a $35,000 grant to offset study costs from the State Justice Institute. The Court requests for $3,500 in matching funds from the City's General Fund, and the remaining $15,750 will be provided as in-kind match of Court participation in the study. STAFF RECOMMENDATION: Approve acceptance of the grant and authorize the Administration to include appropriation authority for the grant costs plus City matching funds as part of the 2010 year end cleanup ordinance. 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 363 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 364 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 365 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 366 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 367 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 368 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 369 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 370 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 371 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 372 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 373 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 374 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 375 of 469 6i. ‐ Municipal Court recommends accepting $35,000 in grant funds from  the National Center for State Courts to assess ways to operate with  Page 376 of 469 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Final Pay Estimate - CAG 10-040 – WWP-27-3473 Stonegate Lift Station Conveyance Improvements Contractor: Shoreline Construction Co. Meeting: Regular Council - 04 Oct 2010 Exhibits: Final Pay Estimate Notice of Completion of Public Works Contract DOR Notice of Completion of Public Works Contract L&I Submitting Data: Dept/Div/Board: Public Works Staff Contact: John Hobson, Wastewater Utility, x7279 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 3,832.50 (Final Pay Est.) Transfer Amendment: $ Amount Budgeted: $ 5,000 Revenue Generated: $ Total Project Budget: $ 1,450,000 City Share Total Project: $ SUMMARY OF ACTION: The project was awarded on April 19, 2010. Construction began on May 10, 2010, and was completed on September 13, 2010. The original contract amount was $875,888.86 and the final amount is $924,868.39, an increase of $48,797.53 or 5.5 percent. A portion of the increase in the final contract amount was due to additional road restoration on Nile Ave NE that was the result of a private development’s bankruptcy and failure to complete the necessary asphalt work (the new owner of the development reimbursed the City $17,618.55 for this additional road work). The remainder of the increase was due to unanticipated conflicts with existing utilities and minor quantity adjustments. The final cost was below the original engineer’s estimate and within the amount budgeted for the project. The amount budgeted for the project was $1,450,000, which is enough to cover the construction, engineering, and staff costs. STAFF RECOMMENDATION: Accept the project, approve the final pay estimate in the amount of $3,832.50, and release the retainage bond in the amount of $42,231.43 after 60 days, subject to the receipt of all required authorizations. 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 377 of 469 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 378 of 469 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 379 of 469 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 380 of 469 State of Washington Department of Revenue PO Box 47474 Olympia WA 98504-7474 Contractor’s Registration No. (UBI No.) 178 072 242 Date 10/4/10 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name & Address of Public Agency Department Use Only City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number Stonegate Lift Station Conveyance Improvements CAG-10-040 Contractor’s Name Telephone Number Shoreline Construction Co.(425) 483-0600 Contractor’s Address PO Box 358, Woodinville, WA 98072 Date Work Commenced Date Work Completed Date Work Accepted 5/10/10 9/13/10 10/4/10 Surety or Bonding Company Travelers Casualty and Surety Company of America Agent’s Address Jim Binder c/o Braturd Middleton Insurance, PO Box 2940, Tacoma, WA 98401 Contract Amount $ 799,898.50 Additions $+44,730.17 Reductions $–0.00 Sub-Total $844,628.67 Amount of Sales Tax Paid at 9.5 %$80,239.72 (If various rates apply, please send a breakdown.) TOTAL $924,868.39 Liquidated Damages $0.00 Amount Disbursed $882,636.96 Amount Retained $42,231.43 TOTAL $924,868.39 Disbursing Officer Comments: Signature Type or Print Name Natalie Wissbrod Phone Number 425.430.6919 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department’s certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753-3217. Teletype (TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e (6-27-01) 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 381 of 469 F215-038-000 Request for Contract Release 09-2009 Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504-4272 Request for Contract Release NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Do not pay retained funds until you have Department of Labor and Industries approval Contractor’s Tax Registration No. (UBI No.) 178 072 242 Date: 10/4/10 From: Name & Address of Public Agency Department Use Only City of Renton Attn: Natalie Wissbrod 1055 S Grady Way Renton, WA 98057 Assigned To: _______________________________________ Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name/Description of Project: Stonegate Lift Station Conveyance Improvements Contract Number: CAG-10-040 Contract Amount: $882,636.96 Retained Amount: $ 42,231.43 Contractor’s Name: Shoreline Construction Co. Telephone Number: (425) 483-0600 Contractor’s Address: PO Box 358, Woodinville, WA 98072 Date Contract Awarded: 4/19/10 Date Work Commenced: 5/10/10 Date Work Completed: 9/13/10 Date Work Accepted: 10/4/10 Surety or Bonding Company: Travelers Casualty and Surety Company of America Agent’s Address: Jim Binder c/o Braturd Middleton Insurance, PO Box 2940, Tacoma, WA 98401 Please list Subcontractors below: Continue Subcontractors list on other side. Subcontractor’s Name UBI Number: T-Max Inc 601 851 228 Northwest Asphalt Inc 601 556 048 Trenchless Construction Services LLC 601 961 605 Ronald T. Jepson & Associates 602 679 688 Disbursing Officer Comments: Contact Name: Natalie Wissbrod Phone Number: 425-430-6919 Email Address: nwissbrod@rentonwa.gov The Disbursing Officer must complete and submit this notice to the Department of Labor and Industries immediately after acceptance of the work done under this contract. Mail this notice to Department of Labor and Industries, Contract Release, PO Box 44274, Olympia, WA 98504-4274, or fax to (360) 902-6897 or e-mail to ContractRelease@lni.wa.gov. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of the Department’s certificate of release, and then only in accordance with the certificate. 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 382 of 469 F215-038-000 Request for Contract Release 09-2009 For assistance contact Contract Release at (360) 902-5360. Please list Subcontractors below: Subcontractor’s Name UBI Number: Stripe Rite Inc 601 048 084 Quality Fence Builders Inc 601 206 501 Armadillo Underground Inc 600 503 363 Bravo Environmental NW Inc 602 946 216 E S E Corporation 600 254 258 Best Parking Lot Cleaning Inc 601 901 928 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 383 of 469 F215-038-000 Request for Contract Release 09-2009 6j. ‐ Utility Systems Division submits CAG‐10‐040, Stonegate Lift Station  Conveyance Improvements, and requests approval of the project, Page 384 of 469 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PROCLAIMING ITS SUPPORT OF THE 2010 NORTHWEST MEN'S PROJECT PLEDGE RELATING TO DOMESTIC VIOLENCE AWARENESS. WHEREAS, nearly one in three women experience at least one physical assault by an intimate partner during adulthood. Between January 1, 1997, and June 30, 2008, 430 people were killed by domestic violence abusers in Washington State; and WHEREAS, tragic costs accompany these statistics for society, because domestic violence affects us all; and WHEREAS, communities around Washington State have responded to this problem through legal reforms, and intervention strategies, but that is not enough; and WHEREAS, the Northwest Men's Project believes men have a unique and critical role to play in this prevention effort. They believe men must work to stop the violence; that men can learn about and model healthy relationships, safe conflict resolution and taking action when they witness domestic violence in their families, workplace, or community; and WHEREAS, the Northwest Men's Project has asked the City Council to show its support in preventing domestic violence by signing the 2010 Men's Project Pledge relating to domestic violence awareness; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. 8a. ‐ Proclaiming support for the Northwest Men's Project Pledge  regarding domestic violence (See 6.d.)Page 385 of 469 RESOLUTION NO. SECTION II. The City Council hereby agrees to sign the Northwest Men's Project Pledge relating to domestic violence awareness. PASSED BY THE CITY COUNCIL this day of. _, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. , 2010. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor RES.1477:8/13/10:scr 8a. ‐ Proclaiming support for the Northwest Men's Project Pledge  regarding domestic violence (See 6.d.)Page 386 of 469 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-5-050, INTERNATIONAL BUILDING CODE, OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADOPT BY REFERENCE THE 2009 EDITION OF THE INTERNATIONAL BUILDING CODE, TOGETHER WITH THE CITY'S AMENDMENTS THERETO, TO DECRIMINALIZE AND MAKE VIOLATIONS OF THE INTERNATIONAL BUILDING CODE CIVIL INFRACTIONS, TO ADD REGULATIONS RELATING TO ELEVATORS, AND TO AMEND REGULATIONS RELATING TO SPRINKLER REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-5-050A, Adoption, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. ADOPTION: The "International Building Code," 2QQ& 2009 Edition, as published by the "International Code Council, Inc.," as amended by chapter 51-40 WAC, is hereby adopted by reference. SECTION II. Subsection 4-5-050D, City Amendments to the International Building Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. CITY AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 387 of 469 ORDINANCE NO. 1. Dangerous Buildings: Section 1156 of the International Building Code (relating to Dangerous Buildings) is hereby repealed and in its place the City has adopted RMC 4-5-060 and 4-9-050, Abatement of Dangerous Buildings. 2. Violations and Penalties: Section 113 of the International Building Code (relating to Violations and Penalties) is hereby amended by substituting in its stead the following language: Unless otherwise specified, violations of this Section are misdemeanors civil infractions subject to RMC 1-3-42. 3. Liability Claims: Section 104.8 of the International Building Code (relating to Liability Claims) is hereby amended by substituting in its stead RMC 4-1-090, Liability. 4. Appeals Board: The Appeals Board for purposes of Section 112-3 of the International Building Code shall be the Community and Economic Development Administrator or designee. 5. Off Site Improvomonts: Section 105.3 of the International Building Code (relating to Installation of Off Site Improvements) is hereby amended by substituting in its stead RMC 4 4 030D, Off Site Improvements. Repealed. 6. Standpipe Requirements: Section 905.3 of the International Building Code is amended to read as follows: a. 905.3.1, Building Height: Class III standpipe systems shall be installed throughout a building where the floor level of the highest story is located more than twenty feet (20') feet above the lowest level of the fire department vehicle 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 388 of 469 ORDINANCE NO. access, or where the floor level of the lowest story is located more than twenty feet (20') feet below the highest level of fire department vehicle access. Exceptions: (i)LCIass I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 or 903.3.1.2. {2-}iLCIass I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') feet above the lowest level of fire department vehicle access. (34iii. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5. (44 iv. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. ^y^Group R-3 does not require standpipes. b. 905.3.28, High Rise Building Standpipes: Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of six inches i&Jm. Two, two and one half inches (2-l/2")-ifb hose connections shall be provided on every intermediate floor level landing in every required stairway unless otherwise approved by the fire code official. Where pressure reduction valves (PRV) are required, each hose connection shall be provided with its own 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 389 of 469 ORDINANCE NO. PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 7. Dry Standpipes: Section 905.8 of the International Building Code is amended to read as follows: Dry standpipe when approved by the fire code official are acceptable in other than high-rise buildings. 8. Elevator car size: Section 3002.4 of the International Building Code is amended to read as follows: 3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be a minimum of eighty inches (80") wide with a center-opening door and shall be of such a size and arrangement to accommodate an ambulance stretcher forty inches (40") by eighty-four inches (84") (1,016 mm by 2.134mm) with not less than five (5)-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (Star of life). The symbol shall not be less than three inches (3") (76 mm) high and shall be placed inside on both sides of the hoist way door frame. SECTION III. Subsection 4-5-050E, City Amendments to the IBC Relating to Sprinkler Requirements, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 390 of 469 ORDINANCE NO. Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows E. CITY AMENDMENTS TO THE IBC RELATING TO SPRINKLER REQUIREMENTS: 1. Chapter 9: The following sections of eChapter 9 of the 20059 International Building Code are amended to read as follows: al. Section 903.2, Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this Section. All newly constructed buildings with a gross square footage of 12,000 five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses within an aggregate area of all connected townhouses equaling JAQQO-five thousand (5,000) square feet or greater square feet must be sprinklered. Additions to existing buildings which would result in a gross floor area greater than 42-7000-five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exceptions:^ a. One time additions to Group R-3 occupancies of up to five hundred (500) square feet are permitted without compliance with this Section. b. One- and two-family dwellings and townhouses built in compliance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 391 of 469 ORDINANCE NO. When not required by other provisions of this Chapter, a fire extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Sections 504.2, 506.3 and Table 601. b2. Section 903.2.1.1, Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1] of the following conditions exists: {4}a^The gross floor area exceeds 12,000 five thousand (5,000) square feet; {2} b/The fire area has an occupant load of three hundred (300) or more; 434 c. The fire area is located on a floor other than the level of exit discharge; or (4) a\The fire area contains a multi theater complex. €3. Section 903.2.1.2, Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one [1] of the following conditions exists: (i) a/The gross floor area exceeds five thousand (5,000) square feet; {^b^The fire area has an occupant load of one hundred (100) or more; or {34c_The fire area is located on a floor other than tbe-ajevel of exit discharge service such occupancies. 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 392 of 469 ORDINANCE NO. d4. Section 903.2.1.3, Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one {1} of the following conditions exists: 444 a. The gross floor area exceeds 12,000 five thousand (5,000) square feet; 434 b. The fire area has an occupant load of three hundred (300) or more; or (34-c. The fire area is located on a floor other than the a level of exit discharge service such occupancies. Exception: Areas used exclusively as participant sports areas whoro the main floor area is located at the samo level as the level of exit discharge of the main entrance and exit. e5. Section 903.2.1.4, Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: (44 a. The gross floor area exceeds 12,000 five thousand (5,000) square feet; (24 b. The fire area has an occupant load of three hundred (300) or more; or (34-c. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 393 of 469 ORDINANCE NO. Exception: Areas used exclusively as participant sports areas whore the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. 6. Section 903.2.1.5, Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of one thousand (1.000) square feet. 7. Section 903.2.2. Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at any time: a. Four (4) or more care recipients are incapable of self preservation. b. One (1) or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy. f-8. Section 903.2.2, Group E. An automatic sprinkler system shall be provided for Group E occupancies whore the gross floor area exceeds 12,000 square foot- as follows: a. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. b. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. Exception: 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 394 of 469 ORDINANCE NO. Portable school classrooms, provided aggregate area of clusters of portable school classrooms does not exceed five thousand (5,000) square feet; and clusters of portable school classrooms shall be separated as required m Chapter 5 of by the building code. (2) Basements: An automatic sprinkler system shall be installed in basements classified as a Group E Occupancy when the basement is larger than fifteen hundred (1,500) square foot in floor area. When not required by other provisions of this chapter, a fire- extinguishing system installed in accordance with NFPA 13 may be used for increases ond substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code. (3) Throughout all newly constructed Group E Occupancies having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply mooting the requirements of NFPA 13 shall be provided. (4) Stairs: An automatic sprinkler system shall bo installed in enclosed usable space below or over a stairway in Group E Occupancies. g9. Section 903.2.34, Group B, F, H-and S Occupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F, H-or S occupancy with over twelve five thousand (425,000) square feet of gross floor area. 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 395 of 469 ORDINANCE NO. 10. Section 903.2.4.1, Woodworking Operations. An automatic sprinkler system shall be provided throughout all Group F-l occupancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 11. Section 903.2.5, Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Sections 903.2.5.1 through 903.2.5.3. 12. Section 903.2.5.1, General. An automatic sprinkler system shall be installed in Group H occupancies. 13. Section 903.2.5.2, Group H-5 Occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPR LOCATION Fabrication areas Service corridors Storage rooms without dispensing NKLER DESIGN CRITERIA OCCUPANCY HAZARD CLASSIFICATION Ordinary Hazard Group 2 Ordinary Hazard Group 2 Ordinary Hazard Group 2 10 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 396 of 469 ORDINANCE NO. Storage rooms with dispensing Corridors Extra Hazard Group 2 Ordinary Hazard Group 2 14. Section 903.2.5.3 Pyroxylin Plastic. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or Pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 15. Section 903.2.6, Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3 shall be allowed in Group 1-1 facilites. h!6. Section 903.2.67/ Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: (44 a, Where a Group M gross floor area exceeds 42- five thousand {5,000} square feet; (24 b. Where a Group M fire area is located more than three (3) stories above grade plane; er (34 c Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 42- five thousand (5,000) square feetr; or d. A Group M occupancy is used for display and sale of upholstered furniture. 11 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 397 of 469 ORDINANCE NO. 17. Section 903.2.7.1, High-piled Storage. An automatic sprinkler system shall be provided as required in Chapter 23 in all buildings of Group M where storage of merchandise is high-piled or rack storage arrays. il8. Section 903.2.78, Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exception: Group R-l if all of the following conditions apply: a. The Group R fire area is no more than five hundred (500) Square feet and is used for recreational use only. b. The Group R fire area is on only one (1) story. c. The Group R fire area does not include a basement. d. The Group R fire area is no closer than thirty (30) feet from another structure. e. Cooking is not allowed within the Group R fire area. f. The Group R fire area has an occupant load of no more than eight (8). g. A hand held (portable) fire extinguisher is in every Group R fire area. jl9. Section 903 is amended by adding Sections 903.2.78.1 and 903.2.78.2 to read as follows: Section 903.2.7.1 - Group R-3 occupancy. When the occupancy has over twelve five thousand (425,000) square feet of gross floor area. Section 903.2.7.2 - Dwellings. When proposed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor 12 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 398 of 469 ORDINANCE NO. area of all dwelling units exceeds twolvo five thousand (425,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a separate building. 20. Section 903.2.9, Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: a. A Group S-1 fire area exceeds five thousand (5,000) square feet. b. A Group S-1 fire area is located more than three (3) stories above grade plane. c. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. d. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 21. Section 903.2.9.1, Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: a. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5.000) square feet. b. Buildings no more than one (1) story above grade plane, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. c. Buildings with repair garages servicing vehicles parked in basements. 13 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 399 of 469 ORDINANCE NO. e. A Group S-1 fire area used for the repair of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 22. Section 903.2.9.2, Bulk Storage of Tires. Buildings and structures where the area for the storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 23. Section 903.2.10, Group S-2 Enclosed Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 of the International Building Code as follows: a. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet; or b. Where the enclosed parking garage is located beneath other groups- Exception: Enclosed parking garages located beneath Group R-3 occupancies. 24. Section 903.2.10.1, Commercial Parking Garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 25. Section 903.2.11, Specific building areas and hazards. In all occupancies an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Sections 903.2.11.1 through 903.2.11.6. Exception: Groups R-3 and U. 14 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 400 of 469 ORDINANCE NO. 26. Section 903.2.11.1, Stories Without Openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds one thousand five hundred (1,500) square feet and where there is not provided at least one (1) of the following types of exterior wall openings: a. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed such that the lineal distance between adiacent openings does not exceed fifty feet (50'). b. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed such that the lineal distance between adiacent openings does not exceed fifty feet (50'). 27. Section 903.2.11.1.1, Opening Dimensions and Access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. 15 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 401 of 469 ORDINANCE NO. 28. Section 903.2.11.1.2, Openings on One Side Only. Where openings in a story are provided on only one side and the opposite wall of such story is more than seventy-five feet (75') from such openings, the story shall be equipped throughout with an approved automatic sprinkler system or openings as specified above shall be provided on at least two sides of the story. 29. Section 903.2.11.1.3, Basements. Where any portion of a basement is located more than seventy-five feet (75') from openings required by Section 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system. 30. Section 903.2.11.2, Rubbish and Linen Chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their termination rooms. Chutes extending through three (3) or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Chute sprinklers shall be accessible for servicing. 31. Section 903.2.11.3, Buildings Fifty-Five Feet (55') or More in Height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of thirty (30) or more that is located fifty-five feet (55') or more above the lowest level of fire department vehicle access. Exception: Airport control towers. 32. Section 903.2.11.4, Ducts Conveying Hazardous Exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be 16 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 402 of 469 ORDINANCE NO. provided in ducts conveying hazardous exhaust, flammable or combustible materials- Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 33. Section 903.2.11.5, Commercial Cooking Operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 34. Section 903.2.11.6. Other Required Suppression Systems. In addition to the requirements of Section 903.2, the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression system for certain buildings and areas. 35. Section 903.2.12, During Construction. Automatic sprinkler systems required during construction, alteration and demolition operations shall be provided in accordance with Section 1413. 36. Section 903 is amended by adding Section 903.2.13, to read as follows: Section 903.2.13. Automatic Sprinklers Systems in New Buildings: a. Section 903.2.13.1 - A fully automatic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers, such sprinkler system shall be designed, installed and tested as per Section 903.3. 17 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 403 of 469 ORDINANCE NO. b. Section 903.2.13.2 - A fully automatic fire protection sprinkler system may be required by the Chief of the Fire Department or the Fire Code Official for buildings less than five thousand (5,000) square feet total gross floor area when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC U.L., ISO, etc.) verify that hazardous contents, critical exposure problems, limited accessibility to the building, or other items may contribute to a definite hazard. k. Section 903 is amended by adding Section 903.2.14, to road as follows: 903.2.14 Automatic Sprinklers Systems in Now Buildings: (4)—Section 903.2.14.1 - A fully automatic fire protection sprinkler system is to bo installed in all new buildings in excess of twelve thousand (12,000) square foot total gross floor aroa, rogardloss of vortical or horizontal fire barriers, such sprinkler system shall bo designed, installed and tested as per Section 903.3. (3)—Section 903.2.14.2 A fully automatic firo protection sprinkler system may bo required by the Chief of tho Fire Department or the Fire Code Official for buildings loss than twolvo thousand (12,000) square foot total gross floor aroa when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC U.L., ISO, otc.) verify that hazardous contents, critical exposure problems, limited accessibility to tho building, or other items may contribute to a definite hazard. 18 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 404 of 469 ORDINANCE NO. J37. Section 903 is amended to add a new Section 903.2.154 to read as follows: Section 903.2.154- Sprinkler Systems in Remodeled Buildings: (4} a. Section 903.2.154.1 - When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprinklered. (34 b. Section 903.2.154.2 - When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds twolvo five thousand (435,000) square feet, then the entire structure shall be fully sprinklered. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. , 2010. Denis Law, Mayor 19 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 405 of 469 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1656:8/10/10:scr 20 8a. ‐ Adopting 2009 International Building Code with City amendments  (See 7.c.)Page 406 of 469 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS. OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO UPDATE EDITIONS OF ADOPTED CODE, TO DECRIMINALIZE AND MAKE VIOLATIONS OF CHAPTER 4-5 RMC CIVIL INFRACTIONS, AND TO REPEAL SECTIONS 4-5-060, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND 4-5-080, UNIFORM HOUSING CODE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-5-051, Washington State Energy Code and Washington State Ventilation and Indoor Quality Code Adopted, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-5-051 WASHINGTON STATE ENERGY CODE AND WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY CODE ADOPTED: The 2006 Washington State Energy Code as adopted by the state of Washington, Second Edition (chapter 51-11 WAC), and 2006 Washington State Ventilation and Indoor Air Quality Codo, Second Edition (chapter 51 13 WAC), afe-_is hereby adopted by reference. SECTION II. Subsections 4-5-055A, Adoption, 4-5-055B, Applicability, and 4-5-055C, State Amendments to the International Residential Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled 8b. ‐ Adopting updated editions of State and International Code with City  amendments (See 7.c.)Page 407 of 469 ORDINANCE NO. "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: A. ADOPTION: The "International Residential Code," 20069 Edition, as published by the "International Code Council, Inc.," as amended by chapter 51-40 WAC, is hereby adopted by reference. B. APPLICABILITY: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Unless otherwise specified, violations of this Section are misdemeanors civil infractions subject to RMC 1-3- 42. C. STATE AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The International Residential Code, 20039 Edition, as amended by chapter 51-40 WAC, is hereby adopted by reference and as an amendment to the International Residential Code and shall supersede conflicting sections of the International Residential Code. SECTION III. Sections 4-5-060, Uniform Code for the Abatement of Dangerous Buildings, and 4-5-080, Uniform Housing Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby repealed. 8b. ‐ Adopting updated editions of State and International Code with City  amendments (See 7.c.)Page 408 of 469 ORDINANCE NO. SECTION IV. Subsection 4-5-090A, International Mechanical Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. ADOPTION: The "Uniform Mechanical Code, 20069 Edition," as published by the "International Code Council," as amended by chapter 51-42 WAC, is hereby adopted by reference. SECTION V. Subsection 4-5-100C, Violations and Penalties, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. VIOLATIONS AND PENALTIES: The first paragraph of Section 108.4 of the IFGC, relating to violations and penalties, is amended by substituting in its stead the following language: Unless otherwise specified, violations of this Section are misdemeanors civil infractions subject to RMC 1-3-42. SECTION VI. Subsection 4-5-110A, Adoption, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 8b. ‐ Adopting updated editions of State and International Code with City  amendments (See 7.c.)Page 409 of 469 ORDINANCE NO. A. ADOPTION: The Uniform Plumbing Code, 20069 Edition, as published by the "International Association of Plumbing and Mechanical Officials," and chapters 51-56 and 51-57 WAC, are hereby adopted by reference. SECTION VII. Section 4-5-140, Violation of this Chapter and Penalties, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 4-5-140 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdomoanors civil infractions subject to RMC 1-3- 42. SECTION VIII. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. ., 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2010. Denis Law, Mayor 8b. ‐ Adopting updated editions of State and International Code with City  amendments (See 7.c.)Page 410 of 469 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1659:8/16/10:scr 8b. ‐ Adopting updated editions of State and International Code with City  amendments (See 7.c.)Page 411 of 469 Paac 42 Revised 9-30-20(0 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-5-070B, ADOPTION OF FIRE CODE AND STANDARDS, AND 4-5- 070C, AMENDMENTS AND ADDITIONS TO THE FIRE CODE, OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADOPT BY REFERENCE THE 2009 INTERNATIONAL FIRE CODE WITH THE CITY'S AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-5-070B, Adoption of Fire Code and Standards, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. ADOPTION OF FIRE CODE AND STANDARDS: The City does hereby adopt the 2006 2009 International Fire Code and Appendices B, H and J published by the International Code Council, by reference as provided by State law, with the amendments, deletions or exceptions as noted herein. SECTION II. Subsection 4-5-070C, Amendments and Additions to the Fire Code, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: C. AMENDMENTS AND ADDITIONS TO THE FIRE CODE: 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 412 of 469 ORDINANCE NO. 1. Subsection 101.1, Title, of the International Fire Code, 2QQ6 2009 Edition, is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Renton, hereinafter referred to as "this code." Any references to "this jurisdiction" shall be references to the City of Renton, Washington. 2. Subsection 101.2, Scope, of the International Fire Code, 2QQ& 2009 Edition, is hereby amended by adding a new subfraftsection 56, to read as follows: &6. Matters related to preparedness for natural or manmade disasters. 3. Subsection 102.6102.7, Referenced codes and standards, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 102.6 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 47, except the phrase "Electrical Code adopted by the City of Renton" shall be substituted for all references to the ICC Electrical Code NFPA 70-08 National Electrical Code. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the Fire Code Official. In the event the referenced codes are inconsistent with this €code, this Gcode shall apply. 4. Subsection 103.1, General, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 103.1 General. All references in this code to the "department of fire prevention within the jurisdiction" shall be synonymous with the Fire and Emergency Services Department under the direction of the Fire Code Official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. 5. Subsection 103.3, Deputies, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Fire Marshal/Deputy(s)/Assistant(s)," and to read as follows: 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 413 of 469 ORDINANCE NO. 103.3 Fire Marshal/Deputy(s)/Assistant(s). In accordance with prescribed procedures of this jurisdiction, the Fire Code Official shall have the authority to appoint a Fire Marshal, Deputy Fire Marshal(s) and/or Assistant Fire Marshal(s), other related technical officers, inspectors and other employees. 6. Section 103.4.1, Legal defense, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 103.4.1 Legal defense. The administrative authority or any employee performing duties in connection with the enforcement of this code and acting in good faith and without malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from such act or omission, the City Attorney shall, at the request of and on behalf of said administrative authority or employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such administrative authority or employee, said claim or judgment shall be paid by the City. 7. Subsection 104.1, General, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 104.1.1 Discretionary authority. The Fire Chief/Emergency Services Administrator, Fire Marshal, Deputy and/or Assistant Fire Marshal(s) and Inspectors assigned to the Community Risk Reduction section shall have the authority and discretion to enforce this code. 104.1.2 Ministerial authority. Members of the Fire and Emergency Services Department who are not assigned to the Community Risk Reduction section of the department shall exercise authority as designated by the Fire Chief/Emergency Services Administrator in department policy or as described in this code. 8. Subsection 104.10.1, Assistance from other agencies, of the International Fire Code, 3006 2009 Edition, is hereby amended to read as follows: 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the Fire Code Official or his/her designee. 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 414 of 469 ORDINANCE NO. 9. Subsection 104.11.2, Obstructing operations, of the International Fire Code, 2-006 2009 Edition, is hereby amended to read as follows: 104.11.2 Obstructing operations. No person shall obstruct the operations of the Fire and Emergency Services Department in connection with extinguishment, control, or investigation of any fire or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the Fire and Emergency Services Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire and Emergency Services Department. 10. Subsection 105.1.1, Permits required, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 105.1.1.1 Operational permit fees. The fee for permits issued in accordance with section 105.6 of the International Fire Code and permits issued for underground tank removal shall be as stipulated in RMC <1 1 150 the City of Renton Fee Schedule Brochure, Fire Prevention FOGS. Fees for tank storage shall be assessed for each individual tank. Exception: Permit fees for Class 1MB liquid storage shall be assessed for each tank up to a total of five tanks, and no additional fee shall be charged for the sixth through the tenth tank. The eleventh tank and each subsequent tank of Class 1MB liquids shall be assessed per tank. The permits shall expire one (1) year after date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issuance or renewal of the permit. In the event of failure to remit payment for an operational permit within thirty (30) days after receipt of application or renewal notice, the fee for the permit shall be double the amount of the above-stated fee. 11. Subsection 105.3.2, Extensions, of the International Fire Code, 2-006 2009 Edition, is hereby amended to read as follows: 105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The Fire Code Official is authorized to grant, in writing, one (1) or more extensions of 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 415 of 469 ORDINANCE NO. the time period of a permit for periods of not more than one hundred eighty (180) days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. 12. Subsection 105.4.1, Submittals, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 105.4.1.12 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.7.1 through 105.7.12. 105.4.1.23 Plan review and construction fees. Construction plans required to be reviewed by this Chapter and the International Fire Code shall be charged in accordance with RMC 4 1 150, Fire Prevention Foes the City of Renton Fee Schedule Brochure. 13. Subsection 105.6.16, Flammable and combustible liquids, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 105.6.16 Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOT) or nor does it apply to piping systems. 2. To store, handle or use Class I liquids in excess of 5 gallons (19L) in a building or in excess often (10) gallons (37.9L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant unless such storage, in the opinion of the Fire Code Official, would cause an unsafe condition. 2.2 The storage of use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than thirty (30) days. 3. To store, handle or use Class II or Class IMA liquids in excess of twenty-five (25) gallons (95 L) in a building or in excess of sixty (60) gallons (227L) outside a building, except for fuel oil used in connection with oil-burning equipment in single-family and duplex dwellings. 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 416 of 469 ORDINANCE NO. 4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. 5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and Class II, IMA or IIIB combustible liquids are produced, processed transported, stored, dispensed or used. 7. To place temporarily out of service (for more than ninety (90) days) an underground, protected above-ground or above-ground flammable or combustible liquid tank. 8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. 9. To manufacture, process, blend or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. 11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments. 14. Subsection 105.6.23 Hot work operations, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 105.6.23 Hot works operations. An operational permit is required for hot work including, but not limited to: conducted. 1. Public exhibitions and demonstrations where hot work is 2. Use of portable hot work equipment inside a structure- Exception deleted. 3. Fixed-site hot work equipment such as welding booths. 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 417 of 469 ORDINANCE NO. 4. Hot work conducted within a wildfire risk area- s' Application of roof coverings with the use of an open-flame device. 6. When approved, the Fire Code Official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this Chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 26. these permits shall be issued only to their employees or hot work operations under their supervision. 4315. Subsection 105.6.34, Places of Assembly, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 105.6.34.1 Temporary place of assembly/special event permit. An operational permit is required for any special event where three hundred (300) or more people will congregate, either outdoors or indoors, in other than a Group A Occupancy. 4416. Subsection 105.7.7, Hazardous materials, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 105.7.7 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two (2) working days of commencement of work. 4517. Subsection 107.1, Maintenance of safeguards, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 418 of 469 ORDINANCE NO. 107.1.1 Malfunctioning alarm fee. Whenever an alarm system is activated due to a malfunction and the Fire and Emergency Services Department is dispatched, a report of the false alarm will be recorded for the building or area affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per RMC 4 1 150 the City of Renton Fee Schedule Brochure. 4618. Subsection 108.1, Board of appeals established, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Hearing Examine^",, and amending to read as follows: 108.1 Hearing Examiner. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this code, the Hearing Examiner process established by the City of Renton shall have authority. 4719. Subsection 108.3, Qualifications, of the International Fire Code, 2006 2009 Edition, is hereby deleted. 4820. Subsection 109.2, Notice of violation, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 109.2 Notice of violation. When the Fire Code Official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the Fire Code Official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. 4921. Subsection 109.2.1, Service, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 109.2.1.1 Reinspection. Whenever the Fire and Emergency Services Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condition or violation still in existence, a "Subsequent Reinspection" will be required. 109.2.1.2 Reinspection Fee. Any Subsequent Reinspection, after the original thirty (30) days period of time, shall bo dono only upon require the 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 419 of 469 ORDINANCE NO. payment of a reinspection fee as specified in RMC 4 1 150, Firo Prevention Fees the City of Renton Fee Schedule Brochure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This reinspection fee must be paid within ten (10) days of the notice for the reinspection. However, any building owner, operator or occupant, upon a reasonable request to the Fire Code Official, may obtain an extension of said thirty (30) days period for a reasonable period to be established by the Fire Code Official to allow such time for compliance. The request for an extension must be received by the Fire and Emergency Services Department prior to the expiration of the original reinspection date. 3022. Subsection 109.2.2, Compliance with orders and notices, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 109.2.2.1 Notice and Responsibility. Whenever the infraction, condition or violation involves the structural integrity of the building, then the notice of the infraction, condition or violation- shall be sent to both the building owner and its occupant or occupants. Should compliance with the fire code so as to remedy the infraction, condition or violation require additions or changes to the building or premises, which would be part of the structure or the fixtures to the realty, then the responsibility to remedy the infraction, condition, or violation shall be upon the owner of the building unless the owner and occupant shall otherwise agree between themselves and so notify the City. Should the occupant not remedy the infraction, condition, or violation, then the City shall have the right to demand such remedy from the owner of the premises. 2123. Subsection 109.3, Violation Penalties, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and subject to the penalties in RMC 1-3-1, except as provided in RMC 4-5-070C.42 and 96 86. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 420 of 469 ORDINANCE NO. 22-24. Subsection 111.4, Failure to comply, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, subject to RMC 1-3-1. 2325. Section 202, General Definitions, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the definitions of "Fire Chief" and "Fire Code Official" to read as follows: FIRE CHIEF/EMERGENCY SERVICES ADMINISTRATOR. The administrator charged with the overall direction and oversight of the City of Renton's emergency services including community risk reduction, fire/rescue services, emergency medical services and emergency management, and shall include all references in this code to the "fire chiefs FIRE CODE OFFICIAL. The Fire Chief/Emergency Services Administrator, who shall be the chief law enforcement officer with respect to this code. 2426. Section 202, General Definitions, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding the following definitions: AUTOMATED EXTERNAL DEFIBRILLATOR (AED). An automated external defibrillator (AED) is a portable automatic device used to restore normal heart rhythm to patients in cardiac arrest. SHALL. The word "shall" is defined to have the following meaning: a. With respect to the functions and powers of the Fire Code Official, any agents and employees of the City of Renton, and any Board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith; and b. With respect to the obligations upon owners, occupants of the premises and their agents, there is a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure to so act. SPECIAL EVENT. For the purposes of this code, events that have large occupant loads or create a potential hazard to the participants or the community shall be defined as a "special event" including: 10 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 421 of 469 ORDINANCE NO. a. Any event that occurs in a permitted place of assembly that introduces a hazard regulated by this code and not approved at the time of the issuance of the Place of Assembly Permit. b. Any event with an occupant load that exceeds three hundred (300) in a location that does not have a Place of Assembly Permit. c. All temporary places of assembly. TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as "Assembly Group A" that is used for activities normally restricted to assembly occupancies and limited to a period of less than thirty (30) calendar days of assembly use. 2527. Subsection 307.1, General, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 307.1 General. Open burning is hereby prohibited in conformance with the Puget Sound Clean Air Agency and the Department of Ecology regulations. 2628. Subsection 307.2, Permit required, of the International Fire Code, 2006 2009 Edition, is hereby deleted. 27. Subsoction 308.3.1, Open flame cooking devices, of the International Fire Code, 2006 2009 Edition, is horoby amended by adding now subsections, to read as follows: 308.3.1.2 Flaming Food and Beverages Preparation. The preparation of flaming foods or beverages in places of assembly and drinking or dining ostablishments shall bo in accordance with this section. 308.3.1.2.1 Dispensing. Flammable or combustible liquids used in the preparation of flaming foods or beverages shall be dispensed from one of the following: i. A 1 ounce (29.6 ml) container, or ii. A container not exceeding 1 quart (946.5 ml) capacity with controlled pouring device that will limit the flow to a 1 ounce (29.6 ml) serving- SOS.?.1.2.2 Containers Not in Use. Containers shall be secured to prevent spillage when not in use. 11 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 422 of 469 ORDINANCE NO. 308.3.1.2.3 Serving of Flaming Food. The serving of flaming foods or beverages shall be dono in a safe manner and shall not create high flames. The pouring, ladling or spooning of liquids is restricted to a maximum height of eight (8) inches (203 mm) above the receiving receptacle. 308.3.1.2.4 Location. Flaming foods or beverages shall bo prepared only in tho immediate vicinity of the table being served. They shall not bo transported or carried while burning- Section 308.3.1.2.5 Firo Protection. Tho person preparing the flaming foods or beverages shall have a wot cloth immediately available for use in smothering the flames in tho event of an emergency. 2829. Subsection 314.4, Vehicles, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 314.4 Vehicles. Liquid or gas-fueled vehicles, fueled equipment, boats or other motor craft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not exceed one-quarter (1/4) tank or five (5) gallons (19 L) (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent tampering. 4. Vehicles, boats, other motor craft equipment, and fueled equipment are not fueled or defueled within the building. 2930. Subsection 401.3, Emergency forces responder notification, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Emergency services notificationj", and to read as follows: 401.3 Emergency services notification. In the event an unwanted fire, medical emergency, or hazardous material release occurs on a property, the owner or occupant shall immediately report such condition to the Fire and Emergency Services Department. Building employees and tenants shall implement the appropriate emergency plans and procedures. No person shall, by verbal or written directive, require any delay in the reporting of a fire, medical emergency, or hazardous material release to the Fire and Emergency Services Department. 401.3.1 Making false report. It shall be unlawful for a person to give, signal, or transmit a false alarm. 12 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 423 of 469 ORDINANCE NO. 401.3.2 Alarm activations. Upon activation of a fire alarm signal, employees or staff shall immediately notify the Fire and Emergency Services Department. 401.3.3 Emergency evacuation drills. Nothing in this section shall prohibit the sounding of a fire alarm signal or the carrying out of an emergency evacuation drill in accordance with the provisions of Section 405. 30. Subsoction 406.3, Employee training program, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsoction, to read as follows: 406.3.4 Automated External Defibrillator (AED) Training. Whore AEDs aro required by this code, employees shall be trained in tho use of and bo familiar with the locations of the AEDs. 31. Subsection 408.2, Group A occupancies, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections to read as follows: 408.2.3 Automated External Defibrillators (AED). Group A-1 through A-5 occupancies and special events, with an occupancy load or event of three hundred (300) or more persons, shall have available and maintain an AED on the premises. 408.2.3.1 Placement. The location of the AEDs shall be as determined by the Fire Code Official with a one way travel distance not to exceed six hundred (600) feet. 408.2.3.2 Notification. The Fire and Emergency Services Department shall be notified in writing of the installation and location of an AED on the premises. 408.2.3.3 AED Maintenance. AEDs shall be maintained as per the manufacturer's requirements. 408.2.3.4 Automated External Defibrillator (AED) Training. Where AEDs are required by this code, employees shall be trained in the use of and be familiar with the locations of the AEDs. 32. Subsection 408.5 Group 1-1 occupancies, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 13 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 424 of 469 ORDINANCE NO. 408.5 Group 1-1 occupancies. Group 1-1 occupancies shall comply with the requirements of Subsections 408.5.1 through 408.5.5, Sections 401 through 406 and Subsections 408.12 through 408.12.8. 33. Subsection 408.6, Group 1-2 occupancies, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 408.6 Group 1-2 occupancies. Group 1-2 occupancies shall comply with the requirements of Subsections 408.6.1 through 408.6.2, Sections 401 through 406 and Subsections 408.12 through 408.12.8. Drills are not required to comply with the time requirements of Subsection 405.4. 34. Subsection 408.7, Group 1-3 occupancies, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 408.7 Group 1-3 occupancies. Group 1-3 occupancies shall comply with the requirements of Subsections 408.7.1 through 408.7.4, Sections 401 through 406 and Subsections 408.12 through 408.12.8. 35. Section 408, Use and Occupancy-Related Requirements, of the International Fire Code, 2009 Edition, is hereby amended by adding a new subsection to read as follows: 408.12 Boarding homes and residential care facilities (1-1, 1-2, 1-3, R-2 and R-4 occupancies). Facilities classified as nursing homes by Washington State Administrative Code subsection 388-97-001 shall comply with Subsections 408.12.1 through 408.12.8. Facilities classified as boarding homes by Washington State Administrative Code subsection 388-78A-2020 shall comply with Subsections 408.12.1 through 408.12.5 for those residents who are unable to care for themselves because of special needs due to health or age. Boarding homes shall comply with Subsections 408.12.6 through 408.12.8 regardless of the capabilities of their residents. R-2 and R-4 occupancies that do not fall under the State definition of boarding homes (Washington Administrative Code subsection 388-78A-2020) are exempt from requirements under Subsection 408.12. 408.12.1 Receiving facilities. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with appropriate facilities that can receive residents with special needs if the host facility must be evacuated. 14 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 425 of 469 ORDINANCE NO. 408.12.2 Transportation agreements. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with transportation companies or services to provide sufficient transportation resources for residents with special needs and their attending staff in the event of an evacuation. 408.12.3 Residential tracking. The fire safety, emergency and evacuation plans must include provisions for tracking residents with special needs in the event of an evacuation. The facility must be able to account for each resident's method of transportation and destination including residents who are picked up by non-staff members, even if a transfer of care occurs after the resident's arrival at a secondary facility. 408.12.4 Medications and medical equipment. The fire safety, emergency and evacuation plan must include provisions for transporting medications and essential medical equipment for residents to the receiving location in the event of an evacuation. 408.12.5 Access to patient medical records. Staff must have access to patient medical records and information in the event of a disaster or emergency. It is the responsibility of the facility operators to arrange for secure records storage to access vital medical records even if residents or patients have been evacuated to a secondary facility. 408.12.6 Emergency communications. The facility must maintain the ability to receive emergency warnings and public information messages even during a power outage. A NOAA weather radio along with a battery operated AM/FM radio provides sufficient warning and information capability to meet this requirement. The facility must have an emergency communications plan to communicate with off-site staff to inform them of the facility's status, evacuations, or a need for increased staffing levels if normal modes of communication are not operational. The emergency communications plan will also address communication with the families of residents regarding residents' status, location and safety when the resident is unable to carry out communications on their own. 408.12.7 Environment. The facility must have a plan and readily accessible provisions to maintain a safe temperature environment and adequate ventilation for residents in the event of a utility or equipment outage. The facility must also provide non-flame sources of lighting sufficient to keep residents safe when moving around the facility. Candles or other flame sources of heat and light are not approved due to the increased risk of fire. 408.12.8 Supplies. The facility must have a minimum of a three (3) day supply of non-perishable food, water, medical, hygiene, sanitation and other supplies necessary to provide a safe environment and sustain the life, health, and comfort of the residents and the staff that care for them. All 15 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 426 of 469 ORDINANCE NO. supplies must fit the dietary and medical needs of residents and staff. The supplies should also be transported to the receiving facility during an evacuation if the availability of the necessary supplies cannot be guaranteed at the secondary location. Exception: If there is backup power for refrigeration, the three (3) days' supply of food may be stored in any form. 3236. Subsection 503.1, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Subsections 503.1.1 through 503.2. 3337. Subsection 503.1.2, Additional access, of the International Fire Code, 2006 2009 Edition, is hereby amended to add a new subsection, to read as follows: 503.1.2.1 Two means of access. Two (2) means of approved access shall be required when a complex of three (3) or more buildings is located more than two hundred feet (200') from a public road. (RMC 4-6-060G5J 3438. Subsection 503.2, Specifications, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with RMC 4-4-080 and 4-6-060. 3539. Subsection 503.4, Obstruction of fire apparatus access roads, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 503.4.1 Enforcement. The Fire and Emergency Services Department may issue non-traffic citations to vehicles parked in a fire lane or blocking a fire hydrant in accordance with the Bail Schedule established by Renton Municipal Court. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 16 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 427 of 469 ORDINANCE NO. 3640. Subsection 505.1, Address numbers, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 505.1.1 Identification size. In order that the address identification is plainly visible, the following minimum sizes, figures or numbers, in block style in contrasting color shall be used in accordance with the following: 1. Single-family residential houses -four inches (4"). 2. Multi-family residential, commercial, or small business: fifty feet [50'] or less setback - six inches (6"); more than fifty feet (50') setback -Jen inches (10"). 3. Large commercial or industrial areas: one hundred feet (100') or less setback - eighteen inches (18"); more than one hundred feet (100') setback - twenty-four inches (24"). 505.1.2 Rear Door Marking. When vehicle access is provided to the rear of commercial, industrial and warehouse buildings, the rear doors servicing individual businesses shall be marked to indicate address and/or unit identification with letters or numbers at least four (4finches (4") high. 505.1.3 Suite numbers. Buildings consisting of separate suites with the same building address shall have their suite number marked so that the suite is readily identifiable and the numbers or letters sized as per Subsection 505.1.1. Exception: Suites located on an interior hall or corridor shall have lettering at least one (If inch (1") high. 3741. Subsection 508.5.1 507.5.1, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 508.5.1 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 450 one hundred fifty feet (150') from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Fire Code Official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall 300 three hundred feet (300'). 2. Deleted. 17 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 428 of 469 ORDINANCE NO. 42. Section 510, Emergency Responder Radio Coverage, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 510.1 Purpose. The purpose of this Section is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and structures within the City to and from emergency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site. 510.2 Applicability. This Section applies to new construction permits issued after the effective date of this Section. A Certificate of Occupancy shall not be issued to any structure if the building fails to comply with this Section. 510.3 Building radio coverage. Except as otherwise provided, no person shall maintain, own, erect, or construct any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, including but not limited to firefighters and police officers. For purposes of this Section, adequate radio coverage shall mean that the in-building radio coverage is sufficient to pass the testing procedures set forth in this Section. Permits to install any In-Building Radio System will require a construction permit issued by the City of Renton Development Services Division. 510.4 Exceptions. This Section shall not apply to the following: 510.4.1 Existing buildings or structures unless undergoing renovation, 510.4.2 Single-family and duplex residential buildings. 510.4.3 Structures that are fifty thousand (50,000) square feet in size or less without subterranean storage or parking. The subterranean areas shall not be exempt from these requirements. 510.4.4 Wood-constructed residential structures four (4) stories or less without subterranean storage or parking. 510.4.5 Buildings constructed prior to the implementation of this Section shall not be required to comply with public safety radio coverage provisions of this Section. However, should exempted structures undergo renovations, restoration, significant modifications or provide an addition in area greater than twenty percent (20%) of the footprint of the original structure, exemption from the provisions of this Section shall not apply. 510.5 Adequate radio coverage. Minimum signal strength of three (3) micro volts shall be available in ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary 18 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 429 of 469 ORDINANCE NO. recall floor), stair shafts and Fire Command Centers when transmitted from the Regional 800 MHz Radio System. 510.6 Minimum signal strength. Minimum signal strength of one (1) micro volts received by the Regional 800 MHz Radio System when transmitted from ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers. 510.7 Frequency range. 510.7.1 The frequency range which must be supported shall be public safety frequency spectrum as determined by the regional Radio System operator in all areas of the building. Measurements in-buildings for the purpose of this Section shall be to a portable radio of the type the City and the 911 system then currently utilize. The City's Development Services Director may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety grade coverage. 510.7.2 The amplification system must be capable of future modifications to a frequency range subsequently established by the City. If the system is not capable of modification to future frequencies, then a new system will need to be installed to accommodate the new frequency band. 510.8 Testing procedures. 510.8.1 When an in-building radio system is required, and upon completion of installation, it will be the building owner's responsibility to have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of ninety-five percent (95%). All testing shall be conducted by a technician in possession of a current FCC license, or a technician certified by the Associated Public-Safety Communications Officials International (APCO) or the Personal Communications Industry Association (PCIA). All testing shall be done in the presence of the special inspector for the City. Each floor of the building shall be divided into a grid of approximately twenty (20) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, in order to be more statistically accurate, the floor may be divided into forty (40) equal areas. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the forty (40) area test, if the system continues to fail, the building owner shall have the system altered to meet the ninety-five percent (95%) coverage requirement. 510.8.2 The test required by this Section shall be conducted using a portable radio of the type the City and the 911 system then currently utilize. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communications to and from the outside of the building through the 911 system. Once the center spot has 19 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 430 of 469 ORDINANCE NO. been selected, prospecting for a better spot within the grid area will not be permitted. 510.8.3 The gain values of all amplifiers shall be measured and the test measurement results shall be provided to the building owner, and shall be kept on file with the building owner in the building. The measurements can be compared and verified each year during the owner's annual tests, as provided herein. In the event that the measurement results become lost, the building owner shall notify the Building Code Official who will cause a rerun of the acceptance test to establish the gain value. 510.8.4 When an in-building radio system is required, the building owner shall cause a technician in possession of a current FCC license, or a technician certified by the APCO or the PCIA, to test all active components of the system, including but not limited to amplifiers, power supplies and backup batteries, a minimum of once every twelve (12) months. Amplifiers shall be tested to ensure that the gain remains the same as that found upon initial installation and acceptance. Backup batteries and power supplies shall be tested under load for a one (1) hour test period, in the opinion of the testing technician, if the battery exhibits symptoms of failure, the test shall be extended for additional one (1) hour periods until the testing technician confirms the integrity of the battery. All other active components shall be checked to determine that they are operating within the manufacturer's specifications for the intended purpose. The technician shall prepare a written report documenting the test findings, and the building owner shall provide the Development Services Director with a copy within ten (10) days of completion of testing. 510.8.5 Each building owner shall submit at least one (1) field test, or as determined by the Development Services Director, whenever structural changes occur to the building that would materially change the original field performance tests by a consultant approved by the Development Services Director. The performance test shall include, at minimum, a floor plan and the signal strength in various locations of the building. 510.9 Amplification systems allowed. 510.9.1 Buildings and structures which cannot support the required level of radio coverage shall be equipped with a radiating cable system and/or an internal multiple antenna system with FCC type accepted bi- directional 800 MHz amplifiers, or systems otherwise approved by the Development Services Director in order to achieve the required adequate radio coverage. 510.9.2 If any part of the installed system or systems contains an electronically powered component, the installed system or systems shall be capable of operating on an independent battery system for a period of at least 20 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 431 of 469 ORDINANCE NO. twelve (12) hours without external power input. The battery system shall automatically charge in the presence of external power input. 510.9.3 Amplification equipment must have adequate environmental controls to meet the heating, ventilation, cooling and humidity requirements of the equipment that will be utilized to meet the requirements of this code. The area where the amplification equipment is located also must be free of hazardous materials such as fuels, asbestos, etc. All communications equipment including amplification systems, cable and antenna systems shall be grounded with a single point ground system of five (5) ohms or less. The ground system must include an internal tie point within three feet (3') of the amplification equipment. System transient suppression for the telephone circuits, ac power, radio frequency cabling and grounding protection are required as needed. 510.9.4 A public safety radio amplification system shall include filters to reject frequencies below eight hundred fifty-one (851) MHz and frequencies above eight hundred sixty (860) MHz by a minimum of thirty-five (35) dB. 510.9.5 The following information shall be provided to the Development Services Director by the builder: A blueprint showing the location of the amplification equipment and associated antenna systems which includes a view showing building access to the equipment, and schematic drawings of the electrical, backup power, antenna system and any other associated equipment relative to the amplification equipment including panel locations and labeling. 510.10 Approved prior to installation. No amplification system capable of operating on frequencies used by the Regional 800 MHz Radio System shall be installed without prior coordination and approval of the radio system licensee (Valley Communications) and any such system must comply with any standards adopted by the King County Regional Communications Board. 510.11 Noncompliance. After discovery and notice of noncompliance, the building owner is provided six (6) months to remedy the deficiency and gain compliance. 510.12 Penalties. Any person violating any of the provisions of the Section shall be subject to penalties in accordance with the general penalty provisions of Renton Municipal Code Section 1-3-1. In addition, any building or structure which does not meet the requirements set forth in this code is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equitable remedies to abate said nuisance in accordance with Renton Municipal Code Section 1-3-3. 510.13 Severability. If any subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate. 21 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 432 of 469 ORDINANCE NO. distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 3843. Subsection 602.1, Definitions, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding the following definition: POWER TAP. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two (2) or more receptacles on the opposite end and over current protection. 3944. Subsection 604.2, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 604.2 Where required. Emergency and standby power systems shall be provided where required by Subsections 604.2.1 through 604.2.21. 4045. Subsection 604.2, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 604.2.20 604.2.19 Group 1-1 and Group 1-2 Nursing Home Occupancies. In addition to specific requirements listed elsewhere in the codes referenced in Subsection 102.6, approved manually switched standby power systems in new Group 1-1 and 1-2 occupancies shall be provided to power the following operations: 1. Heating and refrigeration. 2. Communications and alarm systems. 3. Ventilation systems. 4. Emergency lighting. 5. Patient-care related electrical circuits. 6. At least one (1) elevator used by residents. \«- -k J Existing Group 1-1 and 1-2 occupancies and boarding homes will have two Jr A (2) years from the effective date of this ordinance to comply with this Subsection. 604.2.21 604.2.20 Automotive Fuel Dispensing Facilities. All new commercial fuel dispensing facilities shall be provided with an approved standby power system to provide power to facilitate maintaining fuel dispensing during local power outages or disaster. 22 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 433 of 469 ORDINANCE NO. 4446. Subsection 605.10, Portable, electric space heaters, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 605.10.5 Tip-Over Switch. All portable electric space heaters shall be equipped with an automatic tip-over shut-off switch. Exception: Approved liquid-filled portable heaters. 4247. Subsection 806.1.1, Restricted Occupancies, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 806.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group A, E, 1-1, 1-2, 1-3, 1-4, M, R-l, R-2, R-2 providing licensed care to clients in one of the categories listed in IBC section 310.1 licensed by Washington State and R-4 occupancies. Exceptions: 1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-l and R-2. 2. Trees treated with a flame retardant and renewed to maintain flame resistance, subject to the approval of the Fire Code Official. 3. Trees shall be allowed within dwelling units in Group R-2 occupancies. 43. Subsoction 807.1, General roquiromonts, of the International Firo Code, 2006 Edition, is hereby amended to road as follows: 807.1 Gonoral roquiromonts. In occupancies in Groups A, B, E, I and R-l and dormitories in Group R 2, curtains, draperies, hangings and other decorative materials suspended from walls or ceilings shall moot the flame propagation performance criteria of NFPA 701 in accordance with Section 807.2 or be noncombustiblo. In Groups I 1 and I 2, combustible decorative materials shall meet tho flame propagation criteria of NFPA 701 unless the decorative materials, including, but not limited to, photographs and paintings, are of such limited quantities that a hazard of firo development or spread is not present. In Group I- 3, combustible decorative materials aro prohibited. 23 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 434 of 469 ORDINANCE NO. Fixed or movable walls and partitions, paneling, wall pads and crash pads, applied structurally or for decoration, acoustical correction, surface insulation or other purposes, shall be considered interior finish if they cover 10 percent or more of the wall or of tho coiling aroa, and shall not bo considered decorative materials or furnishings. In Group B and M occupancies, fabric partitions suspended from tho ceiling and not supported by the floor shall meet tho flame propagation performance criteria in accordance with Section 807.2 and NFPA 701 or shall be noncombustiblc. 4448. Chapter 8, Interior Finish, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new section, to read as follows: SECTION 809 ATRIUM FURNISHINGS Atrium furnishings shall comply with Subsections 809.1 and 809.2. 809.1. Potential heat. Potential heat of combustible furnishings and decorative materials within atria shall not exceed nine thousand (9,000) BTU per pound (20,934 J/g) when located within an area that is more than 20-twenty feet (20') (6096 mm) below ceiling level sprinklers. 809.2. Decorative materials. Decorative material in atria shall be noncombustible, flame resistant or treated with a flame retardant. 4549. Subsection 901.5.1, Occupancy, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 901.5.1 Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm and suppression systems have been tested and approved. All acceptance tests shall be witnessed by the Fire and Emergency Services Department prior to occupancy being granted. 4650. Subsection 901.6, Inspection, testing and maintenance, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 901.6.3 Annual Certification Required. All sprinkler systems, fire alarm systems, portable fire extinguishers, smoke removal systems, air replenishment 24 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 435 of 469 ORDINANCE NO. systems, and other fire protective or extinguishing systems shall be certified annually by a qualified agency, except, hood fire extinguishing systems shall be serviced every six (6) months. Documentation of such servicing shall be provided as indicated in Subsection 901.6. 901.6.4 Annual Hazardous Systems Certification. All electronic monitoring systems used in connection with flammable, combustible liquids and/or hazardous materials shall be certified annually by a qualified agency. Documentation of the system certifications shall be forwarded to the Fire and Emergency Services Department indicating each system has been tested and functions as required. 4751. Subsection 903.2, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this sSection. All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses with an aggregate area of all connected townhouses equaling five thousand (5,000) or greater square feet must be sprinklered. Additions to existing buildings which would result in a gross floor area greater than five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exception: 1. One-time additions to International Building Code Group R-3 occupancies of up to five hundred (500) square feet are permitted without compliance with this Section. 2. Ofte—a-ftd—twe—Single-family and duplex dwellings and townhouses built in compliance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. When not required by other provisions of this chapter, a fire- extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Subsections 504.2, 506.3 and Table 601 of the Building Code. 4852. Subsection 903.2.1.1, Group A-1, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 25 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 436 of 469 ORDINANCE NO. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies; or 4. The fire area contains a multi-theater complex. 53. Subsection 903.2.1.2 Group A-2, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies where one (1) the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of one hundred (100) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 4954. Subsection 903.2.1.3, Group A-3, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 26 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 437 of 469 ORDINANCE NO. Exception: Areas used exclusively as participant sports areas where the main floor area is located at tho same level as the lovol of exit discharge of tho main entrance and exit. 5055. Subsection 903.2.1.4, Group A-4, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. Exception: Areas used exclusively as participant sports areas wfoefe the main floor aroa is located at the same level as the level of exit discharge of tho main entrance and exit. 56. Subsection 903.2.1.5, Group A-5, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of one thousand (1,000) square feet. 57. Subsection 903.2.2, Group B ambulatory health care facilities, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.2 Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy when either of the following conditions exists at any time: 1. Four (4) or more care recipients are incapable of self- preservation. 2. One (1) or more care recipients who are incapable of self- preservation are located at other than the level of exit discharge serving such occupancy. 27 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 438 of 469 ORDINANCE NO. 5458. Subsection 903.2.2 903.2.3, Group E, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.2 903.2.3 Group E. An approved automatic sprinkler system shall be provided for Group E ©occupancies as follows: whore tho gross floor area exceeds 5,000 square feet. Exceptions: 1. Throughout every portion of educational buildings below the level of exit discharge. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. 2. Throughout all nowly constructed Group E Occupancies having an occupant load of 50 or more for more than 12 hours per week or 4 hours in any one day. A minimum water supply meeting the requirements of NFPA 13 shall bo required. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. 3. Portable school classrooms, provided the aggregate area of aW any clusters of portable school classrooms does not exceed five thousand (5,000) square feet, and clusters of portable school classrooms shall be separated as required in Chapter 5 of by the Building Code. 4. Basements: An automatic sprinkler systom shall bo installed in basements classified as a Group E Occupancy when tho basement is larger than 1,500 square feet in floor area. When—not required by other provisions of this chapter, a fire extinguishing systom installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Sections 504.2, 506.3, and Table 601 of the Building Code. 5259. Subsection 903.2.3 903.2.4, Group F-l, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Group B, FJ-HJ and S Occupanciesj''^ and to read as follows: 903.2.3 903.2.4 Group B, Fj—H? and S Occupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, Fr447 or S occupancy with over five thousand (5,000) square feet of gross floor area. 903.2.4.1 Woodworking operations. An automatic sprinkler system shall be provided throughout all group F-l occupancy fire areas that 28 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 439 of 469 ORDINANCE NO. contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 60. Subsection 903.2.5, Group H, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high- hazard occupancies as required in Subsections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies. 903.2.5.2 Group H-5 occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION Fabrication areas Service corridors Storage rooms without dispensing Storage rooms with dispensing Corridors OCCUPANCY HAZARD CLASSIFICATION Ordinary Hazard Group 2 Ordinary Hazard Group 2 Ordinary Hazard Group 2 Extra Hazard Group 2 Ordinary Hazard Group 2 903.2.5.3 Pyroxylin plastics. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. 61. Subsection 903.2.6 Group I, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. 29 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 440 of 469 ORDINANCE NO. Exception: An automatic sprinkler system installed in accordance with Subsection 903.3.1.2 or 903.3.1.3 shall be allowed in Group 1-1 facilities. 5362. Subsection 903.2.3 903.2.7, Group M, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.2.6 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: 1. Where a Group M gross floor area exceeds five thousand (5,000) square feet; 2. Where a Group M fire area is located more than three {3) stories above grade.T-ef 3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. Where a Group M occupancy that is used for the display and sale of upholstered furniture and/or mattresses exceeds five thousand (5,000) square feet. 5463. Subsection 903.2.7 903.2.8, Group R, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, and to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Subsection 903.3 shall be provided throughout all buildings with a Group R fire area. 903.2.7.1 903.2.8.1 Group R-3 Occupancy. When the occupancy has over 12,000 five thousand (5,000) square feet of gross floor area. 903.2.7.2 903.2.8.2 Dwellings. When proposed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor area of all dwelling units exceeds 12,000 five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a separate building. 64. Subsection 903.2.9, Group S-1, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 30 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 441 of 469 ORDINANCE NO. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one (1) of the following conditions exists: 1. A Group S-1 fire area exceeds five thousand (5,000) square feet. 2. A Group S-1 fire area is located more than three (3) stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: 1. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 2. Buildings no more than one (1) story above grade plane, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 3. Buildings with repair garages servicing vehicles in basements. 4. A Group S-1 fire area used for the repair of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1. 65. Subsection 903.2.10 Group S-2 enclosed parking garages, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Subsection 406.4 of the International Building Code as follows: 1. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet; or 2. Where the enclosed parking garage is located beneath other groups. 31 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 442 of 469 ORDINANCE NO. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds five thousand (5,000) square feet. 66. Subsection 903.2.11 Specific building areas and hazards, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.11 Specific building areas and hazards. In all occupancies an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Subsections 903.2.11.1 through 903.2.11.6. Exception: Groups R-3 and U. 903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds one thousand five hundred (1,500) square feet unless there is at least one (1) of the following types of exterior wall openings: 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 or an outside ramp complying with Section 1010. Openings shall be located on the exterior wall of the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adiacent openings does not exceed fifty feet (50'). 2. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adjacent openings does not exceed fifty feet (50'). 903.2.11.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. 903.2.11.2 Openings on one side only. Where openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy-five feet (75') from such openings, the story shall be equipped throughout with an approved automatic sprinkler system or openings as specified above shall be provided on at least two (2) sides of the story. 32 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 443 of 469 ORDINANCE NO. 903.2.11.1.3 Basements. Where any portion of a basement is located more than seventy-five feet (75') from openings required by Subsection 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system. 903.2.11.2 Rubbish and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their termination rooms. Chutes extending through three (3) or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Chute sprinklers shall be accessible for servicing. 903.2.11.3 Buildings fifty-five feet (55') or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level having an occupant load of thirty (30) or more that is located fifty-five feet (55') or more above the lowest level of fire department vehicle access- Exception: Airport control towers. 903.2.11.4 Ducts conveying hazardous exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts conveying hazardous exhaust, flammable or combustible materials. Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 903.2.11.6 Other required suppression systems. In addition to the requirements of Subsection 903.2, the provisions indicated in Table 903.2.11.6 also require the installation of a fire suppression system for certain buildings and areas. 67. Subsection 903.2.12, During construction, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 903.2.12 During construction. Automatic sprinkler systems required during construction, alteration and demolition operations shall be provided in accordance with Section 1413. 5568. Subsection 903.2, Where required, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 903.2.14 903.2.13 Automatic Sprinkler Systems in New Buildings. 33 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 444 of 469 ORDINANCE NO. 903.2.14.1 903.2.13.1 Buildings over five thousand (5,000) square feet. A fully automatic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers. Such sprinkler system shall be designed, installed and tested as per Subsection 903.3. 903.2.14.2 903.2.13.2 Buildings less than five thousand (5,000) square feet. A fully automatic fire protection sprinkler system may be required by the Chief of the Fire and Emergency Services Department or the Fire Code Official for buildings less than five thousand (5,000) square feet gross floor area when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC, U.L., ISO, etc.) verifies that hazardous operations, hazardous contents, critical exposure problems, limited accessibility to the building or other items may contribute to a definite hazard. 903.2.15 903.2.14 Sprinkler Systems in Remodeled Buildings. The requirements for the installation of fire protection sprinkler systems in remodeled buildings shall be as indicated in Subsections 903.2.154.1 and 903.2.154.2. 903.2.15.1 903.2.14.1 Existing sprinklered buildings. When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprinklered. 903.2.15.2 903.2.14.2 Existing non-sprinklered buildings. When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thousand (5,000) square feet, then the entire structure shall be fully sprinklered. All existing non-sprinklered buildings currently exceeding five thousand (5,000) square feet where a remodel, alteration or repair exceeds 50 fifty percent (50%) of the building valuation within a three (3)-year period shall have a sprinkler system installed throughout. Valuation shall be determined from the King County Assessor records at the time of the first application for a permit. 5669. Subsection 903.3.1.2, NFPA 13R sprinkler systems, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, aAutomatic sprinkler systems in Group R occupancies up to and including four (4) stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. NFPA 13R systems shall be limited to buildings with a maximum gross floor area of twelve thousand (12,000) square feet. 34 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 445 of 469 ORDINANCE NO. 5770. Subsection 903.4.2, Alarms, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.4.2 Alarms. Approved audible and visible alarm notification appliances shall be connected to every automatic sprinkler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Exceptions: 1. With approval of the Fire Code Official, audible and visible alarm notification appliances may be omitted for approved residential sprinkler systems in Isingle-family or 2duplex dwelling units if not otherwise specifically required. 2. Alarms are not required for approved domestically supplied local systems with ten (10) heads or less per building. 5871. Subsection 903.4.3, Floor Control Valves, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13RSystems. 5972. Section 903, Automatic Sprinkler Systems, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 903.7 Riser Room Access. All NFPA 13, 13R and any 13D systems serving five (5) or more dwelling units, sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. Exception: 13D single and two-family residences or townhome sprinkler systems with four (4) units or less. 35 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 446 of 469 ORDINANCE NO. 6073. Subsection 904.11, Commercial cooking systems, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 904.11 Commercial cooking systems. The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Pre^engineered automatic dry- and wet-chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended application. Existing suppression systems not in compliance shall be replaced with a conforming system whenever any of the following occurs: • Any modifications are made to the structure of the kitchen hood. • Re-arrangement of appliances under the hood requires change in nozzle placement. • Any additional cooking appliances are added to the cook line. • The system can no longer be serviced due to the lack of available manufacturer's listed parts. • Lard or Aanimal fats are replaced with one (1) or more cooking medium that operates at higher temperatures than the suppression system was designed and tested for in the UL listing. If the manufacturer's original listing was conducted using animal fats, the business owner shall provide a letter to the Renton Fire and Emergency Services Department certifying that the cooking system will only be used with animal fats. A sign with three inches (3") high letters stating "Animal Fat Oils Only" shall be installed on the front of the hood. Existing wet-chemical systems that are not in compliance with current UL 300 Standards shall be updated within two (2) years from the effective date of this ordinance. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer's installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows: 1. Carbon dioxide extinguishing systems, NFPA 12. 2. Automatic sprinkler systems, NFPA 13. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16. 36 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 447 of 469 ORDINANCE NO. 4. Dry-chemical extinguishing systems^ NFPA 17. 5. Wet-chemical extinguishing systems, NFPA 17A. 6474. Subsection 905.3.1, Building hHeight, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 905.3.1 Building ^Height. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than 20 twenty feet (20') above the lowest level of the Fire and Emergency Services Department vehicle access, or where the floor level of the lowest story is located more than 20-twenty feet (20') below the highest level of Fire and Emergency Services Department vehicle access. Exceptions: (not amended) 1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1 or 903.2.1.2. 2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of Fire and Emergency Services Department vehicle access. 3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Subsection 905.5. 4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. 5. Group R-3 does not require standpipes. 6275. Subsection 905.3, Required installations, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 905.3.8 High-Rise Building Standpipes. Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of six inches [6^] inch diameter. Two (2) two and one half inches (2-1/2^) tn#v hose connections shall be provided on every intermediate floor level landing in every required stairway unless otherwise approved by the Fire Code Official. Where pressure reduction valves (PRV) are required, each hose connection shall be 37 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 448 of 469 ORDINANCE NO. provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hundred fifty (150) psi (maximum two hundred (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 6376. Subsection 905.8, Dry standpipes, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 905.8 Dry standpipes. Dry standpipes, when approved by the Fire Code Official, are acceptable in other than high-rise buildings. 64. Subsoction 906.1, Where required, number 1, of the International Firo Code, 2006 Edition, is hereby amended by deleting tho Exception to itom number 1. 6577. Subsection 907.1.2 907.1.3, Equipment, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 9Q7T4T2 907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at a UL Central Station. Exception: Systems that have not more than twelve (12) zones and not more than five (5) devices on each zone. 6678. Subsection 907.2.2, Group B, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in the following Group B Occupancies: 1. Those having an occupant load of five hundred (500) or more persons or more than one hundred (100) persons above or below the lowest level of exit discharge. 2. Those that are two (2) or more stories in height or three thousand (3,000) and 10,000 square feet or more in area. 3. The Group B fire area contains a Group B ambulatory health care facility. 38 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 449 of 469 ORDINANCE NO. Exception: Deleted. 6779. Subsection 907.2.3, Group E, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exception number 2. 6880. Subsection 907.2.4, Group F, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting the Exception. 6981. Subsection 907.2.7, Group M, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exceptions number 1 and 2. 7082. Subsection 907.2.8.1, Manual Fire Alarm System, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exceptions 1 and 2. 7483. Subsection 907.2.9, Group R-2, of the International Fire Code, 2006 2009 Edition, is hereby amended by deleting Exceptions 1, 2, and 3. 7284. Subsection 907.2.9, Group R-2, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.9.1 907.2.9.4 Multi-family complexes. Multi-family complexes with three (3) or more separate buildings within the complex, including recreation and/or day-care buildings, shall be provided with approved fire alarm systems regardless of size. The buildings within the complex shall have each building monitored by an approved central station. 7385. Subsection 907.2, Where required - New buildings and structures, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.24 Structures in excess of three thousand (3,000) Square Feet. An approved total coverage addressable manual and automatic fire alarm system shall be provided in accordance with NFPA Standard 72 in all structures in excess of three thousand (3,000) square feet of total floor area. Exceptions: 39 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 450 of 469 ORDINANCE NO. For the purpose of Section 907, fire walls constructed in accordance with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define separate buildings. 7486. Subsection 907.20.5 907.9.5, Maintenance, inspection and testing, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 907.20.5.1 907.9.5.1 Nonconforming alarm systems. In the event that an alarm system does not meet these requirements, it shall be a further requirement of this chapter that modifications necessary to meet these minimum levels are made to the alarm system and subsequent testing is conducted prior to any occupancy being granted. 7587. Subsection 914.3, High-rise buildings, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 914.3 High-rise buildings. High-rise buildings shall comply with Subsections 914.3.1 through 914.3.7 914.3.8. 7688. Subsection 914.3, High-rise buildings, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, to read as follows: 914.3.6 914.3.7 Air replenishment systems. All high-rise buildings shall be equipped with an approved rescue air replenishment system. The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by Fire and Emergency Services Department, rescue and other personnel in the performance of their duties. Location of access stations, as well as installation and maintenance of the air replenishment systems, shall meet the requirements as determined by the Fire Code Official. A specifications document for the construction of air replenishing systems that conforms to the breathing equipment used by the Renton Fire and Emergency Services Department will be made available by the Fire Code Official. 944r3r7 914.3.8 Fire equipment. A cabinet or other enclosed facility shall be provided in every stairwell, smoke tower or such similar structure on designated floors, commencing with the third floor, seventh floor and every 40 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 451 of 469 ORDINANCE NO. fourth floor above the seventh floor for the storage of fire hose and related equipment. Facilities, cabinets, devices, hoses and related equipment shall be furnished by the building owner. All such equipment and the specific location thereof shall be subject to the approval of the Fire Code Official. These rooms will be inspected annually by the Fire and Emergency Services Department and equipment replaced by the building owner or his/her representative at the appropriate service life. 77. Subsoction 1024.16.5, Materials and strength, of the International Firo Code, 2006 Edition, is hereby amended to read as follows: 1027.16.5 Materials and strength. Components of fire escape stairs shall bo constructed of noncombustiblo materials. Fire escape stairs and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot (4.78 kN/m3). Fire escape stairs and balconies shall be provided with a top and intermediate handrail on each side. The Firo Code Official is authorized to require testing or other satisfactory evidence that an existing firo escape stair moots tho roquiromonts of this section. To ensure that fire escapes are safe and work properly, they must bo visually inspected each year and load tostod every five years. A structural engineer or contractor approved by the Fire Code Official shall conduct tho testing. Documentation of the inspection shall bo provided to tho Fire and Emergency Services Department. 7889. Subsection 1404.5, Fire watch, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 1404.5 Fire watch. When required by the Fire Code Official for building construction or demolition that is hazardous in nature, qualified personnel shall be provided to serve as an on-site fire watch. Fire watch personnel shall be provided with at least one approved means for notification of the Fire and Emergency Services Department and their sole duty shall be to perform constant patrols and watch for the occurrence of fire. 90. Section 1417, Safeguarding roofing operations, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 41 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 452 of 469 ORDINANCE NO. 1417.1 General. Roofing operations utilizing heat-producing systems or other ignition sources shall be conducted in accordance with Subsections 1417.2 through 1417.4 and Chapter 26. 1417.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accordance with Section 303. 1417.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one (1) multipurpose portable fire extinguisher with a minimum 3-A 40B:C rating on the roof being covered or repaired. 1417.4 Fire Safety. The roofing contractor shall notify the Fire and Emergency Services Department before leaving the site of torch-applied roofing system and report each day's completion and the presence of any hot spots or fires that were suppressed during the roofing process. 7991. Subsection 2701.5, Permits, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 2701.5 Permits. Permits shall be required as set forth in Subsections 105.6 and 105.7. When required by the Fire Code Official, permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least thirty (30) days prior to the termination of the storage, use, or handling of hazardous materials. The Fire Code Official is authorized to require that the application be accompanied by an approved facility closure plan in accordance with Subsection 2701.6.3. All new installations and/or modifications or additions to existing systems shall require plan review and permit fees as stipulated in RMC 4 1 150, Firo Provention Fees the City of Renton Fee Schedule Brochure. 8092. Subsection 2703.2.6, Maintenance, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 2703.2.6 Maintenance. In addition to the requirements of Subsection 2703.2.3, equipment, machinery, and required detection and alarm systems associated with hazardous materials shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. All monitoring systems used in connection with hazardous materials shall be 42 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 453 of 469 ORDINANCE NO. certified at least annually by a qualified agency. Documentation of the system certification shall be forwarded to the Fire and Emergency Services Department indicating the system has been tested and functions as required. 8493. Subsection 2703.9, General Safety Precautions, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 2703.9 General Safety Precautions. General precautions for the safe storage, handling or care of hazardous materials shall be in accordance with Subsections 2703.9.1 through 2703.9.10 2703.9.11. 8294. Subsection 2703.9, General Safety Precautions, of the International Fire Code, 2006 2009 Edition, is hereby amended to add a new subsection, to read as follows: 2703.9.10 2703.9.11 Manufacturer's limitations. The storage and use of hazardous materials shall not exceed the manufacturer's limitations on shelf life and any other restrictions on use. 8395. Subsection 3301.1.3 Fireworks, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 3301.1.3 Fireworks. The possession, sale, and discharge of all fireworks are prohibited in the City of Renton, as of May 21, 2005. Exceptions: 1. Storage and handling of fireworks as allowed in Section 3304. 2. Manufacture, assembly and testing of fireworks as allowed in Section 3305. 3. Displays authorized by the City Council under permit issued pursuant to City Code, and the Washington Administrative Code, if required. 4. The possession, storage, sale, handling, and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100 -178, for consumer fireworks. 43 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 454 of 469 ORDINANCE NO. 8496. Subsection 3301.2.4.2, Fireworks display, of the International Fire Code, 2006 2009 Edition, is hereby amended by changing the title to "Public Display; Insurance Requiredj'^ and to read as follows: 3301.2.4.2 Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dollars ($1,000,000.00) for damage to property in any one (1) accident or occurrence. Such insurance shall name the City as an additional insured and shall not be cancelable except by a forty-five (45)-day pre- cancellation notice in writing to the City. Further, the insurance required herein shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the insurance required herein and shall not contribute with it. 8597. Subsection 3301.2.4.2, Fireworks display, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 3301.2.4.2.1 Pyrotechnic Operator Required. Every eCity-authorized display of fireworks shall be handled and supervised by a state licensed pyrotechnic operator. 8698. Subsection 3301.7, Seizure, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding new subsections, changing the title to "Seizure/Penaltyy'^ and to read as follows: 3301.7 Seizure/Penalty. The City of Renton may employ either, or both, of the following processes. 3301.7.1 Seizure. The Fire Code Official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter. 44 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 455 of 469 ORDINANCE NO. 3301.7.2 Penalty. Any violation of this chapter on fireworks shall be an infraction only and punishable under RMC 1-3-2 entitled Civil Penalties, except possession, sale or discharge of fireworks not classified as "consumer" by statute, as now or hereafter amended, shall be subject to such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and Chapter 212-17 WAC. 8799. Subsection 3404.2.11, Underground Tanks, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: 3404.2.11 Underground Tanks. Underground storage of flammable and combustible liquids in tanks shall comply with Subsection 3404.2 and Subsections 3404.2.11.1 through 3404.2.11.5.3. Corrosion protection shall comply with WAC 173-360-305. All new underground storage tanks shall conform to the standards as defined in the "Underground Storage Tank Secondary Containment Ordinance" (RMC 4-5-120). All provisions of the "Underground Storage Tank Secondary Containment Ordinance" shall apply to the installation, use, maintenance, and abandonment of underground storage tanks. All unauthorized releases from underground storage tanks shall be reported in conformance with RMC 4-5- 120K, Release Reporting Requirements. Leaking tanks shall be promptly emptied and removed from the ground and abandoned in accordance with Subsection 3404.2.14. All new above-ground and underground tank installations and modifications or additions to existing systems shall be subject to plan review and installation fees as described in RMC 4 1 150 the City of Renton Fee Schedule Brochure. 88100. Subsection 3404.2.11.5, Leak prevention, of the International Fire Code, 2006 2009 Edition, is hereby amended by adding a new subsection, to read as follows: 3404.2.11.5.3 Leak Detection System Maintenance and Certification. Leak detection devices and monitoring systems installed in accordance with this Subsection shall be inspected and tested at least annually by a qualified third party, and the test results maintained on site for at least one (1) year. 101. Subsection 4606.17.5, Materials and strength, of the International Fire Code, 2009 Edition, is hereby amended to read as follows: 45 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 456 of 469 ORDINANCE NO. 4604.17.5 Materials and strength. Components of fire escape stairs shall be constructed of noncombustible materials. Fire escape stairs and balconies shall support the dead load plus a live load of not less than one hundred (100) pounds per square foot (4.78 kN/M2). Fire escape stairs and balconies shall be provided with a top and intermediate handrail on each side. The Fire Code Official is authorized to require testing or other satisfactory evidence that an existing fire escape stair meets the requirements of this Subsection. To ensure that fire escapes are safe and work properly, they must be visually inspected each year and load tested every five (5) years. A structural engineer or contractor approved by the Fire Code Official shall conduct the testing. Documentation of the inspection shall be provided to the Fire and Emergency Services Department. 89. Chapter 45, Referenced Standards, of tho International Fire Code, 2006 Edition, is hereby amended to reference NFPA Standard 13—07, NFPA Standard 13D 07 and NFPA Standard 13R 07. 9O102. Appendix B104.2, Area separation, of the International Fire Code, 2006 2009 Edition, is hereby amended to read as follows: Appendix B104.2 Area separation. Portions of buildings, which are separated by one (1) or more four (4)-hour firewalls constructed in accordance with the International Building Code, without openings, and provided with a thirty inches (30")-meb parapet, are allowed to be considered as separate fire areas. SECTION III. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk 46 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 457 of 469 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1664:9/l/10:scr 47 8c. ‐ Adopting the 2009 International Fire Code with City amendments  (See 7.c.)Page 458 of 469 st,s*J,„* 9-A7-ZOIO CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY OF THE CITY OF RENTON (KENDALL ANNEXATION; FILE NO. A-09- 006). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about January 26, 2010. WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on or about May 20, 2010, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development the City of Renton having considered and recommended the annexing of the property to the City of Renton; and 8a. ‐ Approving the Kendall Annexation (1st reading 9/27/2010) Page 459 of 469 ORDINANCE NO. WHEREAS, the City Council fixed June 21, 2010, as the time and place for a public hearing in the City Council Chambers, City Hall, Renton, Washington, on the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notice, a public hearing has been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of August 24, 2010; and WHEREAS, the City of Renton pre-zoned the annexation site R-4, four units per net acre, as part of the East Renton Plateau Prezone Ordinance No. 5254 and that zoning will become effective upon annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of 8a. ‐ Approving the Kendall Annexation (1st reading 9/27/2010) Page 460 of 469 ORDINANCE NO. Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) days after publication of this Ordinance; and on and after that date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 27-acres, is bordered by the existing City limits to the east, with Avenue Southeast 128th Street at the north, 158th Avenue Southeast at the west, and Southeast 132nd at the south.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This Ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. A certified copy of this Ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of : , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 8a. ‐ Approving the Kendall Annexation (1st reading 9/27/2010) Page 461 of 469 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1663:9/3/10:scr 8a. ‐ Approving the Kendall Annexation (1st reading 9/27/2010) Page 462 of 469 EXHIBIT A KENDALL ANNEXATION LEGAL DESCRIPTION Those portions of the Northeast and Northwest quarters of Section 14, and the Southeast and Southwest quarters of Section 11, all in Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: Beginning at the intersection of the northerly right of way margin of SE 128th Street and the west line of Lot 16, Block 3, Assessor's Plat of White Fence Ranch, as recorded in Volume 65 of Plats, page 6, records of King County Washington in said Southwest quarter of Section 11, said intersection also being a point on the existing City Limits of the City of Renton as annexed by City of Renton Ordinance No. 4829; Thence easterly along said northerly right of way margin, leaving said City Limits, to an intersection with the northerly extension of the easterly right of way margin of 158th Ave SE in said Southeast quarter of Section 11; Thence southerly along said northerly extension and along said easterly right of way margin, crossing SE 128th Street, to an intersection with the easterly extension of the south line of the 16' alley lying between Blocks 2 and 3, Renton Boulevard Tracts, as recorded in Volume 17, page 60, said records, in said Northeast quarter of Section 14; Thence westerly along said easterly extension and said south line, crossing 158th Ave SE, to an intersection with the easterly right of way margin of 156th Ave SE; Thence southerly along said easterly right of way margin, to an intersection with the easterly extension of the north line of King County Lot Line Adjustment No. 984076, as recorded under King County Recording No. 8410010783; Thence westerly along said easterly extension and said north line, crossing 156th Ave SE, to the northwest corner of Lot 1 of said lot line adjustment in said Northwest quarter; Thence southerly along the westerly line of said lot line adjustment, to the southwest corner thereof; Thence continuing southerly along the southerly extension of said westerly line, crossing SE 132" Street, to an intersection with the southerly right of way margin of said SE 132nd Street; Thence westerly along said southerly right of way margin and the westerly extension thereof, crossing a portion of 152nd Ave SE, to a point on the existing City Limits of the City of Renton as annexed by City of Renton Ordinance No. 4760; 8a. ‐ Approving the Kendall Annexation (1st reading 9/27/2010) Page 463 of 469 Thence generally northerly, easterly and northerly along the various courses of the existing City Limits of the City of Renton as annexed by City of Renton Ordinance Nos. 4760, 5064 and 4829 to the Point of Beginning. 8a. ‐ Approving the Kendall Annexation (1st reading 9/27/2010) Page 464 of 469 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician Kendall Annexation June 24, 2009 200 1:3600 400 3 Feet N Vicinity Map Produced by City of Renton (c) 2009, the City of Renton ali rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. E22 Kendall Annexation Boundary City Limits LZI PAA Boundary EZZI Renton Parcels Fie Name: :\CED\Plaraiing\GiS\G!S_projecls'',annex3t!ons\ krai__annex\mxcis\1 j:endail_annex_vicinity.mxd 8 a .   ‐   A p p r o v i n g   t h e   K e n d a l l   A n n e x a t i o n   ( 1 s t   r e a d i n g   9 / 2 7 / 2 0 1 0 ) P a g e 4 6 5 o f 4 6 9 sr • „ V,^ 4~27-A0/£> 'r L^^ut4, CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO 126th AVENUE SE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the 126th Avenue SE Sanitary Sewer Extension project in the north portion of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the 126th Avenue SE Sanitary Sewer Extension project as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fee: 8b. ‐ Establishing the 126th Ave. SE Extension Sanitary Sewer Special  Assessment District (1st reading 9/27/2010) Page 466 of 469 ORDINANCE NO. Per Unit Charge. New connections of residential units shall pay a fee of $8,686.39 per dwelling unit. SECTION III. In addition to the aforestated charges, there shall be a charge of 1.33% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. . 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. . 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD.1662:9/9/10:scr 8b. ‐ Establishing the 126th Ave. SE Extension Sanitary Sewer Special  Assessment District (1st reading 9/27/2010) Page 467 of 469 EXHIBIT A 126TH AVENUE SE SANITARY SEWER EXTENSION SPECIAL ASSESSMENT DISTRICT LEGAL DESCRIPTION Lots 1 - 10 in Block 2, Lots 1 - 8 in Block 5 and all of Blocks 3 and 4 in Albert Balch's Sierra Heights No. 4, as recorded in Volume 61 of Plats, pages 18-19, Records of King County, Washington; TOGETHER WITH the 100 foot wide Puget Sound Power & Light Transmission Line Right of Way lying within the boundary of said plat; All situate in the Southwest quarter of the Northeast quarter of Section 4, Township 23 North, Range 5 East, W.M. in the City of Renton, King County, Washington. 1 of 1 09/01/2010 2:49:00 PM 8b. ‐ Establishing the 126th Ave. SE Extension Sanitary Sewer Special  Assessment District (1st reading 9/27/2010) Page 468 of 469 EXHIBIT B 126th AVENUE SE SANITARY SEWER SPECIAL ASSESSMENT DISTRICT 8b. ‐ Establishing the 126th Ave. SE Extension Sanitary Sewer Special  Assessment District (1st reading 9/27/2010) Page 469 of 469